US state abortion ban exemptions aren’t vague by accident. Uncertainty is the point

‘Amanda Zurawski learned at 18 weeks that her cervix was prematurely dilated, spelling certain death for her fetus and posing a grave threat to her own health. But because there was still fetal cardiac activity, the doctors sent Zurawski home.’ Photograph: Jay Janner/AP

Anyone who has lived under the control of an abusive partner or parent knows that the problem is not just what’s prohibited. It’s what you’re unsure is prohibited. The prospect of punishment instills fear. Vagueness about what will be punished promotes caution. Just in case, the teenager doesn’t hang out with certain friends. The teacher deletes the controversial book from the curriculum.

The doctor decides not to perform an abortion when the patient’s health or life is at risk, but, maybe, not imminently so.