An Indiana lawmaker is trying to totally ban abortion in the state and bypass Roe v. Wade

Likely emboldened by a president-elect who has previously floated punishing women who have abortions and has recently declared his support for justices who would overturn Roe v. Wade, a handful of states are proposing some of the most anti-abortion legislation in recent history. Take, for instance, the state of Indiana, where just days after Texas introduced a bill to ban late-term abortions, State Representative Curt Nisly announced Wednesday that he will file “Protection at Conception” legislation to sweepingly criminalize abortion when the General Assembly convenes in January. Some people celebrate the new year with fireworks; others, by closing in on women’s human rights.

The Indy Star notes that Nisly’s proposal would render all abortions a crime, allowing prosecutors to file charges against those who participate in the procedure, or abortion providers and their clients. As if women aren’t punished enough by the lingering cultural stigma that comes with having the procedure, the misogynistic dystopia previously pitched by Donald Trump, of legal punishment for abortion could emerge once again in conservative states that may follow Indiana’s lead.

The (somewhat) comforting reality of the situation is that even if Nisly’s disturbingly backwards legislation were to pass and be signed by anti-choice Indiana Governor-elect Eric Holcomb, such a bill is “obviously unconstitutional,” as Ken Falk, legal counsel for the American Civil Liberties Union (ACLU) of Indiana, told The Indy Star.

After all, the bill directly violates the ruling of Roe v. Wade, and despite justified concern about justices, Falk is pessimistic that “any court would go in and tear down anything that has so clearly and for so long been the law of the land.”

As if the outcome of the election didn’t make it obvious enough how divisive and polarized the state of American politics is, at this point, Nisly’s completely removed perceptions of Roe further emphasize how today, we can’t even compromise on human rights. “My position is that the Supreme Court is wrong with Roe v. Wade and they don’t have jurisdiction in this manner,” Nisly told the newspaper. “This is the state of Indiana asserting the powers that are given to them, specifically in the 9th and 10th Amendments of the U.S. Constitution.” According to this perspective, as a woman, your human rights and ability to make the most basic choices about your body are contingent on what state you live in.

“The idea here is always, always try to save the baby,” Nisly said, ignoring the simple reality that in many cases, women are having abortions to save their lives or due to extreme, fatal fetal anomalies, and, of course, saying nothing of how babies born into extreme circumstances will be taken care of after being “saved.” He added, “You would treat the death of an unborn child like you would any other human being.”

To portray unborn fetuses as living, fully developed human beings with citizenship rights and abortion as murder, isn’t just scientifically ignorant, but ultimately dangerous. Although abortion became legal four decades ago, this has hardly immunized abortion providers and women seeking abortions from often violent intimidation by extremists who believe they’re saving “babies” from murder. There are so many examples of these horrifying domestic terror attacks, such as the Planned Parenthood shooting last year in Colorado by Robert Dear, who claimed to be a “warrior” for “the babies.”

Meanwhile, amidst horrifying proposals in Texas and Indiana, in the state of Tennessee, a woman is facing felony charges for a self-induced abortion, which could just as easily be levied against a woman for having a miscarriage. And a bit over a week following the election of Trump, there is mounting concern over how women will access birth control due to expected funding cuts to Planned Parenthood and the dismantling of the Affordable Care Act, through which many women access birth control for free.

Trump has yet to become president, and despite wearing the “pro-life” label, he’s made clear that abortion is hardly his top concern. But the effect of electing an anti-choice president (and a vice president-elect like Mike Pence, who has a record of defunding Planned Parenthood, declaring war on Roe v. Wade, and funding anti-choice organizations with taxpayer dollars meant for impoverished families) has become blatantly obvious as anti-choice lawmakers across the nation are becoming increasingly aggressive. Abortion opponents have been emboldened by Trump’s victory, and whether or not Roe v. Wade is actually overturned, prepare to see the war on reproductive rights reach new heights in the years to come.