SSN Commentary

If Barrett is Confirmed, a Woman’s Right to an Abortion Will Vanish

Policy field

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Rutgers University - New Brunswick

Originally published as "If Barrett is Confirmed, a Woman’s Right to an Abortion Will Vanish," in The New Jersey Star-Ledger, October 21, 2020.

Set aside everything you know about Amy Coney Barrett’s beliefs about abortion. There are only three things you need to understand about her legal rulings to know how she would vote on a challenge to Roe v. Wade:

1. She believes fertilized eggs, embryos and fetuses should be subject to the same anti-discrimination laws that protect “persons.”

2. She believes “fetal remains” should be treated as if they were persons and thus cremated or buried.

3. She believes an abortion restriction can only be legally challenged after it has done its damage, such as putting clinics out of business, subjecting women to long waits or effectively preventing them from having abortions...