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Legal Journal Article Lays Out the Stark Reality of Criminalized Abortion

What: An article from Duke’s Journal of Constitutional Law & Public Policy says it is “the first to evaluate new and existing laws criminalizing abortion post-Dobbs and consider how modern technologies directed toward the investigation of individuals self-managing abortions through medication will magnify the pervasiveness, scale, and harm of such surveillance.”

Why it matters: As the article explains, the “state statutes criminalizing abortion [are] coupled with surveillance methods and technologies that did not exist pre-Roe present new and complex challenges surrounding the protection of women’s privacy and liberty interests.” It explores in-depth exactly where the gray areas exist in current state law, concluding that “a failure to provide clarity should be read for what it is: in some cases, a deliberate obfuscation of anti-abortion goals; in others, a tolerance of dangerous ambiguity.”

SourceDuke Journal of Constitutional Law & Public Policy and Brookings

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