How To Regulate Abortion: Be Assertive and Humane

The desire to punish is distinct from the desire to protect — it is rooted in an entirely different psychology and it produces very different policy prescriptions. If, as seems likely, Roe v. Wade is vacated and the matter of abortion regulation is properly returned to the state legislatures, we should be mindful of that difference and emphasize protection over punishment when crafting our statutes.

There are, of course, many statutes already on the books or drawn up and waiting to go into effect if and when Roe is repealed. But these are likely to change over time as our institutions gain experience in regulating abortion.

About the Author

Kevin D. Williamson

Kevin D. Williamson is a former fellow at National Review Institute and a former roving correspondent for National Review.

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The desire to punish is distinct from the desire to protect — it is rooted in an entirely different psychology and it produces very different policy prescriptions. If, as seems likely, Roe v. Wade is vacated and the matter of abortion regulation is properly returned to the state legislatures, we should be mindful of that difference and emphasize protection over punishment when crafting our statutes.

There are, of course, many statutes already on the books or drawn up and waiting to go into effect if and when Roe is repealed. But these are likely to change over time as our institutions gain experience in regulating abortion.