🌎 Year in Review: Experts predict that uncertainty surrounding the state of abortion rights in the U.S. will continue in the coming year, as lawsuits wend their way through courts, and state legislatures consider new restrictions
No one expects all of the confusion to be resolved in 2023. But the state-by-state fight over abortion will move into a new phase, potentially providing long-awaited certainty on some issues while opening new battlefronts on others.
Mutcherson said that while the emergency orders blocking some states' bans could be a "good sign" for abortion providers, it does not necessarily mean they would ultimately win. Courts could also simply be exercising caution while they confront new legal issues, she said. Thus far, most of the successful challenges, at the emergency order stage, have relied on explicit language in state constitutions guaranteeing a right to privacy or equal rights specifically for women, both absent from the federal constitution.
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