The Interjurisdictional Abortion Wars Have Arrived

Abstract

In their dissent in Dobbs, Justices Breyer, Sotomayor, and Kagan predicted that removing the federal protections for the woman’s right to choose would eventually put the judiciary at the center interjurisdictional abortion wars. Less than a year after the issuance of the Dobbs opinion, the machinations of the women’s health organizations and the commercial pilot regulations have unleashed the dogs of war. This essay highlights how aviation regulations combine with state criminal and civil laws that are fast tracking the interjurisdictional abortion wars along with a strong measure of justiciability obstacles.

Keywords: Dobbs, abortion, commercial pilot, aviation, regulations, justiciability, state action

JEL Classification: K23