Carter Sherman
👤 SpeakerAppearances Over Time
Podcast Appearances
And I will just translate what he just said because it's dense.
It's legal easy.
Remember, this was a case that was brought out of Louisiana, a state that has banned virtually all abortions.
In this operation, quote unquote, that Alito was talking about, he is talking about the exact kind of operations that are run by people like Dr. Angel Foster and her colleagues.
Dr. Foster and I talked about this a little bit, but her work is made possible entirely by the existence of this novel legal strategy called shield loss.
Right.
Exactly.
And in some of these states, including New York, including Massachusetts, including California, they have specifically said that it doesn't matter where the abortion patient is located.
So if I am an abortion provider in New York City and I never leave the boundaries of my state and I mail an abortion pill to someone in, say, Texas, I can still be protected by the SHIELD law, at least in theory, because a New York official is not going to assist Texas if they try to come after me and try to prosecute me.
I mean, we've already started to see it.
We've already started to see many red states getting really angry about these shield laws and trying to sue or even indict people who are allegedly shipping abortion pills across state lines into red states.
I mean, it's speculative, but I do think that Dr. Foster is right when she says that Alito is trying to draw a roadmap for anti-abortion advocates who are trying to figure out how to continue to undermine shield laws.
Potentially, yeah.
Maybe he's sending up some kind of smoke signal to say, hey, I'm not a huge fan of abortion.
I'm not a huge fan of shield laws.
Bring me something that will allow me to say that in writing from the highest court in the nation.
So thank you so much for bringing up Clarence Thomas.
He is actually very critical to the third threat.
Remember, this is a list of four possible threats.
This is, I would say, the biggest threat to abortion access.