In states like Oklahoma, recognition of a sweeping abortion right might seem unwise to judges facing contested elections, but this could be a workaround.
What exceptions seemed to be was political showmanship—a way for Republicans to walk back unpopular positions on abortion, soften bans, and appear reasonable. If a law had an exception for rape and incest, for example, voters may not dig into the details to find out that it applied only for a very limited window, or that it required reporting to law enforcement. The simple existence of an exception could give political cover to a Republican in a contested seat.
Historically, exceptions might have helped Republicans, but they seemed to do very little for patients. When states began expanding the circumstances under which abortion was legal in the mid-1960s, access to abortion . Using exceptions was expensive for patients, who needed an inside connection to a physician, and a dangerous gamble for health care providers themselves. Exceptions available to low-income people under the Hyde Amendment were hardly a recipe for meaningful access either.This history made all the fighting about exceptions in some conservative seem to be much ado about nothing.
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