Pushing Tribal abortion ‘safe harbors’ ignores realities in Indian Country, legal scholars say

With Roe v. Wade overturned, some people have proposed Tribal Nations could become “safe harbors” for those seeking abortions. In Tribal Nations and Abortion Access: A Path Forward, legal scholars argue those Nations need to tend to their own citizens first.

These “safe harbor” proposals “largely contemplate co-opting tribal sovereignty to provide safety from state criminal and civil liability for non-Native people seeking abortion care,” the article says. “It does not consider the complicated legal and practical considerations that would face Tribes pursuing this strategy, nor the risk to providers and patients.”

The article is scheduled for publication in the Harvard Journal of Law and Gender. Two of the five authors are Indigenous: Lauren van Schilfgaarde (Cochiti Pueblo), a UCLA Law Fellow at UCLA School of Law, and Sarah Deer (Mvskoke), a University Distinguished Professor at the University of Kansas. Link here.

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