The Guardian: Women can say no to sex if Roe falls, lawyer says.
The legal architect of the Texas abortion ban has argued in a supreme court brief that overturning Roe v Wade, the landmark decision which guarantees a right to abortion in the US, could cause women to practice abstinence from sexual intercourse as a way to “control their reproductive lives.”
Former Texas solicitor general Jonathan Mitchell, who played a pivotal role in designing the legal framework of the state’s near-total abortion ban, also argued on behalf of anti-abortion group Texas Right to Life that women would still be able to terminate pregnancies if Roe was overturned by traveling to “wealthy pro-abortion” states like California and New York with the help of “taxpayer subsidies.”
“Women can ‘control their reproductive lives’ without access to abortion; they can do so by refraining from sexual intercourse,” Mitchell wrote in the brief. “One can imagine a scenario in which a woman has chosen to engage in unprotected (or insufficiently protected) sexual intercourse on the assumption that an abortion will be available to her later. But when this court announces the overruling of Roe, that individual can simply change their behavior in response to the court’s decision if she no longer wants to take the risk of an unwanted pregnancy.”
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