Exploring the Law-in-Between: The Role of Individuals & Organizations in the Criminalization of Reproductive Healthcare

• In Event: The Diffusion and Implementation of Criminal Laws I

Abstract

Following the Supreme Court’s decision in Dobbs v. Jackson Women's Health Organization, a patchwork of abortion regulations emerged across the United States, ranging from near-total bans on abortion to constitutional protections for safe and legal abortion services. These legislative measures, both protective and restrictive, depend on organizations and individuals to adopt, interpret, and implement the law as legislators intended. Our study explores this process, examining how individuals navigate evolving state laws through organizational policies, procedures, and norms. Specifically, we draw on data from interviews with stakeholders in Texas and California to investigate the “law-in-between”—the gap between law-on-the-books and law-in-action—and its impact on their perceptions and responses to laws criminalizing reproductive healthcare. Our findings offer insights into the implications for future research, policy, and practice.

Authors

• Katherine Waggoner, University of California, Irvine

• Nicole Iturriaga, University of California, Irvine