How Roe v. Wade Could Affect Business Law In The Future

Abortion laws are front and center when it comes to Election Day 2022 and beyond. States governed by Republicans have started to adopt extreme new laws aimed at reducing the legal timeframe to acquire an abortion while allowing private citizens the right to sue when they couldn’t previously. This could result in large amounts of money spent to find the right candidate, fight radical laws, and sue without merit.

An anonymous lawyer for Robert Seder said, “The consequences of these new actions won’t truly be known for many years. What we can say is this: when you’re forcing women to carry a child when they would rather terminate the pregnancy, there are two obvious common outcomes. One is personal. Women are more likely to hurt themselves to abort the child outside of clean, safe clinics. The second is based on standard operating procedure for businesses. Owners will need to pay for parental leave more often than before, which costs money — and guarantees that the number of lawsuits will increase, and soon.”

There are four likely Republican candidates for governor of Pennsylvania come November. They lobby for loosening regulations of natural gas, guns, and corporate taxes. They also want to increase the regulations of abortion. Under current law, Pennsylvania residents can acquire a legal abortion at least 24 weeks into a pregnancy. A Republican governor would likely reduce the time frame available to pregnant mothers to terminate an unwanted pregnancy.

State Senator Doug Mastriano promised to enact just such a bill. There would be no exceptions for pregnancies tied to rape or incest. 

Mastriano would prefer to restrict abortion completely. “I’m at conception, we’re gonna have to work our way towards that,” he said.

Other Republican candidates agree.

Recent polls found that around 60 percent of all Americans prefer that Roe v. Wade should remain intact, while only 27 percent believe it should be overturned. More than half of the states are likely to ban abortion entirely if Roe v. Wade is overturned in the Supreme Court.

Many states have “trigger laws” surrounding abortion — meaning they go into effect the second a federal law like Roe v. Wade is removed from the books. For example, Alabama has a near-total abortion trigger law ready to go into effect. The state constitution guarantees no protections under the law for those who perform or receive abortions. Pennsylvania has no such laws ready to be upheld, but a new governor might change that quickly.

In 2019, more than 180 CEOs with over 100,000 employees signed a national ad aimed at reasserting their commitment to reproductive care and less restrictive laws. These businesses included Bloomberg, Zoom, Yelp, Postmates, and H&M. 

These business owners explained that reproductive health is linked to overall health and economic security — and even equality. Take away a woman’s right to choose what happens to her own body and you take away her equality.