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Understanding Shield Laws.

David S Cohen1, Greer Donley2, Rachel Rebouché3

  • 1DREXEL UNIVERSITY, PHILADELPHIA, PA, USA.

The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics
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Seven states enacted shield laws to protect abortion providers, helpers, and patients from legal liability. This analysis compares these laws and discusses future legal challenges and improvements for abortion access.

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AbortionDobbsReproductive RightsRoeShield Laws

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Area of Science:

  • Legal Studies
  • Public Health Policy

Background:

  • Anticipation of extraterritorial application of antiabortion laws.
  • Need for legal protections for abortion care providers, helpers, and patients.

Purpose of the Study:

  • Analyze and compare statutory shield law schemes in seven early adopting states.
  • Identify potential legal disputes, areas of uncertainty, and improvements for future shield laws.

Main Methods:

  • Comparative statutory analysis of shield laws in California, Connecticut, Delaware, Illinois, Massachusetts, New Jersey, and New York.
  • Qualitative assessment of legal protections and operational mechanisms.

Main Results:

  • Detailed description of the operational aspects of existing shield laws.
  • Identification of emerging legal disputes and areas of ambiguity within the current legal framework.

Conclusions:

  • Shield laws are a critical tool in safeguarding legal abortion care.
  • Recommendations for enhancing the efficacy and clarity of future shield legislation are proposed.