(THE HILL) — Over the last few weeks, we have seen intense debate reignite over the role the federal government plays in limiting abortion. The backdrop to such debates is the upcoming presidential election, as well as the cultural reverberations around the overturning of Roe v. Wade in 2022.
There has been some confusion about the Dobbs decision. It did not simply “return abortion to the states.” Rather, it returned the power to protect the unborn to the voters, who can exercise this power through both their state and federal elected officials.
The Dobbs decision empowers states to enact pro-life laws that cover the period before viability — that is, approximately 22 weeks into a pregnancy or earlier. Under the Roe regime, states were not able to enforce such laws. Thankfully, many states have now implemented life-protective laws since the decision came down. To date, 24 states protect women and unborn children prior to viability. (Three of these are currently in litigation.)
Of course, the reverse is also sadly true. Twenty-six states currently have few or no protections for unborn babies, even at the stages where their hearts are beating, where they suck their thumbs or where they can feel pain. Seven of these states, along with Washington, D.C., have virtually no limits on abortion — not even a prohibition on painful dismemberment abortions.
This is why the U.S. must enact some form of a federal limit that protects unborn children nationwide. Otherwise, we continue on our deadly path, where over half of the country is exposed to the harms of abortion, and the human rights of the unborn are ignored.
It can be hard to comprehend that the most developed country in the world, the U.S., permits late term abortion in more than half of our states, even though 65 percent of Americans consistently believe that abortion should be illegal at least after the first trimester (about 12 weeks), and 80 percent believe that it should be illegal after the second trimester (about 24 weeks).
Our nation is in shameful company with its lack of protections for the unborn. Only seven other countries allow late-term abortions, including some of the worst international violators of human rights such as China and North Korea. In comparison, 47 out of 50 European countries have stronger protections for the unborn, limiting elective abortion to 15 weeks’ gestation or earlier.
Even pro-choice Americans know that a seven-pound baby, almost fully formed, who has not yet been born, deserves the right to live. But the law does not reflect this reality.