"The abortion war is over," says Justice Counts guest Kelley Keller, an attorney who is expert in Constitutional law. "It has been lost in the courts." Now, she says, those who are concerned about having control over their own bodies need to focus on a battle with broader support -- the right to a therapeutic abortion.

During this episode, Keller says people who oppose the "crazy" laws being proposed in some states to block people from traveling to abortion-friendly states for their healthcare must turn to the ballot box.

"If the will of the people is ‘this is insane,’ they need to go to the ballot box and by plebiscite make decisions about whether or not that type of crazy talk will actually (be accepted)," she declared.

An attorney for 14 years, Keller specializes in intellectual property at her firm,
Big Bang Legal. She is an adjunct professor of Copyright and Trademark Law at Widener University Commonwealth School of Law in Harrisburg, Pennsylvania, where she has taught since 2020.

“The silver lining in Dobbs? Let’s codify privacy and bodily autonomy once and for all and get it out of the hands of nine justices,” Keller declared.

In this episode, Keller traces the background that resulted in the Supreme Court's action overturning Roe v Wade, pointing out that according to law, women were never guaranteed a "right" to an abortion, but that they were guaranteed "the right to choose" whether to terminate a pregnancy.

In fact, she says, Roe actually "died" in 1989 when Justice Sandra Day O'Connor began challenging the level of review used in many cases, making it far easier for states to challenge abortions.

"Roe was not about women’s bodily autonomy or their equal protection under the law. Women have just been the sideshow in all of this. Arguments have been around babies and doctors, not about her," Keller says.