States Rush to Restrict Abortion Following Roe v. Wade Decision

States Rush to Restrict Abortion Following Roe v. Wade Decision

Abortion Laws Have CHANGED – Is YOUR State Affected?

( – The US Supreme Court announced its ruling in Dobbs v Jackson Women’s Health Organization on June 24. The court voted 6-3 to return the power to decide on abortion legislation to states, essentially overturning the landmark case of Roe v Wade. In the aftermath of the ruling, many states are using their new authority to pass abortion legislation.

Changing Landscape

Some states already had trigger laws on the books which automatically became active following the Supreme Court decision to overturn the 1973 landmark decision. Other states have abortion rights written into their constitutions or laws protecting the right. In any case, many states are changing some element of their abortion legislation due to the decision.

Complete Bans: 15 States

Alabama enacted a law in 2019 banning all abortions, but a federal district judge ruled the law unconstitutional, citing the violation of privacy and irreparable harm. The state had to suspend the law, but with the new ruling, the law will go back into effect.

Arkansas also has a law that went into place immediately to ban the practice. Idaho, Louisana, North Dakota, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, Wyoming, and Kentucky have trigger laws that went into effect, making all abortions illegal. However, Louisiana and Utah both had their trigger laws temporarily blocked by judges this week.

Michigan has a law banning abortions, but the governor is working to overturn it and protect the right.

Partial Bans: 6 States

Arizona’s governor signed a new law in April in anticipation of the Supreme Court ruling. It bans abortions after 15 weeks. Similar legislation exists in Florida.

Georgia passed a law in 2019 to ban abortions after six weeks. That law is now active. Mississippi has the same legislation, and Missouri and Oklahoma have near-total bans.

Right Protected: 20 States

The right to an abortion retains protection in certain states. These include Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.

Kansas also has a law protecting the right, but it is going before voters on August 2 for a final decision on whether to make it a part of the state’s constitution.

Unclear Future: 9 States

Indiana and Nebraska have no laws on the books or pending legislation about the procedure. It is unknown what will happen in those states. However, Nebraska’s governor is pushing for a complete ban. New Hampshire, North Carolina, Ohio, Pennsylvania, Virginia, and New Mexico don’t have any protection for the right, but they also lack any trigger laws.

Iowa’s Supreme Court recently ruled that the state’s Constitution did not guarantee a person abortion rights. The governor is currently looking into the possibility of reviving a fetal heartbeat law that was struck down a few years ago.

Many things are changing with abortion laws. Some situations may involve delays as other court cases make their way through the system or regulations specify waiting periods. In a few states, governors are working to change current laws. One thing is certain: the status of abortion laws in the US will ebb and flow for some time.

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