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Mark Tushnet, Abortion Policy Aimed at Promoting Life As Much As Possible, in Roe v. Dobbs: The Past, Present, and Future of a Constitutional Right to Abortion (Lee C. Bollinger & Geoffrey Stone eds., 2024).

Abstract: Western European nations offer an alternative to strict bans on abortion that holds out the promise of protecting life—both fetal and maternal life—as much as possible. More important than the details of policies directly aimed at abortion access are Western European systems of social support for women before, during, and after pregnancy—a thick social safety net in which contraception is readily available, as is medical care during pregnancy and after delivery, with generous family leave policies and widespread availability of child care. And these policies are all set in a “culture of life” that extends beyond the abortion issue itself. These Western European policies emerged from bargains among political parties with distinctive ideologies and histories. However, the contours of U.S. party politics make it difficult to imagine how the Western European model could be implemented in the United States.