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Aurora: You may be right. It depends on how the law is structured. Policymakers may be hesitant to give doctors all the authority, because the vast majority of doctors are pro-choice. (Pro-life medical students report being harassed and ridiculed for their views). So perhaps the doctors will make a recommendation and then have a civil servant from some new government agency give a thumbs up or thumbs down? That could be a problem.
Regardless, the pro-lifers will never be happy with an amorphous law that allows abortions for “health” reasons (whether of the mother or fetus) if the mother’s life isn’t at stake. So those following more lenient halachic opinions would be denied the freedom to live according to Jewish law. But if they just left it up to the doctors, and they weren’t afraid of being criminally prosecuted for questionable abortions, then it might work out OK.
If Rowe v. Wade is overturned, I think a bunch of states will pass sweeping anti-abortion laws without much deliberation. The content of the laws will probably vary widely, depending on the nature of the pro-life movement in each states. I highly doubt many legislatures would take the concerns of Orthodox Jews into consideration.
By the way, I’m an attorney too (though I don’t practice in an abortion-related area). 🙂