In light of the recent controversy surrounding abortion laws, Republicans have proposed a compromise that is reminiscent of European countries’ approach to abortion, which permits it only in the first trimester and limits it thereafter, with certain exceptions. North Carolina became the first state to pass such a law over the governor’s veto, allowing abortion until the 12th week of pregnancy with exceptions for rape up to 20 weeks, fetal abnormalities until 24 weeks, and to save the mother’s life throughout the pregnancy. This approach has gained traction at the federal level, with Senator Lindsey Graham proposing a federal 15-week abortion ban after Dobbs. While Republicans urge the U.S. to follow Europe’s lead in restricting abortion, they fail to realize that every European country that protects unborn life also ensures the health and well-being of pregnant women and their children through universal healthcare, paid maternity leave, and a public infrastructure for childcare and preschool. If Republicans are sincere in invoking Europe as a model, Democrats and proponents of abortion access should seize this chance to find common ground on policies that would improve the lives of mothers and children in this country by ensuring protections for both born and unborn life. However, North Carolina’s Care for Women, Children, and Families Act only takes modest steps towards this end, leaving room for improvement. Congressional Democrats’ primary response to Dobbs has been to seek to codify Roe in the Women’s Health Protection Act, which reinstates the compromise that kept pre-viability abortions legal while allowing the Hyde Amendment’s withholding of public funds for abortions that were medically necessary to protect the pregnant person’s health. But this does not go far enough in addressing the complexities of abortion in America. Instead, Democrats should consider adopting the European model in its entirety, which would incorporate a 12-to-15-week ban with universal prenatal and postpartum health care, paid leave, and child care, providing basic protections for both unborn and born life. In addition, European countries that restrict abortion after 12 to 15 weeks also include exceptions in their laws for situations that pose risks to the pregnant woman’s health. America should follow this lead by acknowledging that this line is hard to draw and that exceptions should be made in complicated and rapidly changing situations throughout pregnancy.
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