Unconstitutional (Dobbs supporter)
There is a more fundamental liberty interest implicated by forced abortions since they necessarily contain an element of physical force and/or restraint.
Dobbs is also pretty clear that it isn't denying the existence of substantive due process rights or a more specific substantive due process right to privacy; the fundamental error in Roe was extending such a right to include abortion without any constitutional rationale (i.e., that abortion was "deeply rooted" in our nation's history and traditions.)
What about if the law was not literally pinning women down to a table and giving them an abortion, but fining or imprisoning them if they did not voluntarily submit to the procedure?
Can you really "voluntarily" submit to something under threat of a fine or imprisonment?
Unlike abortion, an act of force isn't required for a woman's pregnancy to come to a natural conclusion. It doesn't take any (physical) intervention to keep pregnant women pregnant, so the imposition on their liberty imposed through abortion bans is meaningfully less than what mandatory abortion would require.
Poll
