The strategy of "death by a thousand cuts" re Dobbs
When I think about how to get this issue back in front of the Court to constantly poke holes in it just like they did with Roe and Casey, it's a much darker path for us on this one.
They got to pass a law to create standing to initiate a challenge in court. They did this repeatedly. Pass a law, create a harm, initiate a lawsuit, wash, rinse, and repeat.
As I imagine it, we would not have that same luxury to prevail in a federal court challenge. I imagine that a women would actually have to be harmed as a result of an anti-abortion law. For example, a woman would actually have to be raped and impregnated by her rapist, and the state's law would prevent her from terminating a pregnancy. The victim would have to sue to the state saying the state is effectively forcing her to have her rapist's baby to create an exception for rape if there is none. One would have to put the Court in the position of explicitly saying whether the state can indeed force a woman to have a baby by her rapist.
Same with getting abortion pills; contraception; ectopic pregnancies; and so on. We would have to put the court in a position of answer each narrow question and put the Courts in a position to say the states can prevent abortion pills from being mailed across state lines; that a woman cannot cross state lines to obtain abortion pills; to say if the state can jail or fine someone for having an IUD; to say that someone can sue for an out of state abortion.
The court would need to be bombarded with every little nitpicky thing and every narrow question to create any crack in these laws. Put the court in the uncomfortable position of saying the state can create burdens that interfere with one's freedom. Put the court in the uncomfortable position if saying if a woman is harmed or injured, state can dictate that she has absolutely no relief or remedy to her harm or injury.
They learned their strategy from the legal civil rights movement. Keep trying until the court finally makes a decision in our favor. That takes time and patience. The right to reproductive care was a long fought battle that didn't start with Roe. That took a whole legal movement. It's time to reclaim that strategy and use it against them.