After Roe was repealed, which states banned abortion? : Shots


Source: Gutmacher Institute; Credit: Haidee Chu and Kristin Gourlay / NPR

Twenty-two states have laws that prohibit or restrict abortion.

Source: Gutmacher Institute; Credit: Haidee Chu and Kristin Gourlay / NPR

Abortion is now illegal or severely restricted in at least 11 states following the historic decision by the Supreme Court on Friday to overturn Rowe vs. Wade. Twelve other states have laws paving the way for a quick ban or severe restriction on access to them, according to a study by the Guttmacher Institute, a group that supports abortion rights. It looks like several additional states are likely to pass new laws.

The decision of the court in Dobbs vs. Jackson Women’s Health effectively annulled the precedent set by the 1973 Supreme Court decision Rowe vs. Wade, which confirms that a woman has the right to seek an abortion until the fetus can be “viable” outside the uterus. This has paved the way for states to pass many laws that were previously binding in court and to pass new ones.

What types of existing laws are used to ban or restrict abortions

Before Dobbs, State laws prohibiting or severely restricting access to abortion fall into three broad categories: 1) “trigger prohibitions,” which prohibit abortion in most circumstances and take effect deer; 2) in advancedeer prohibitions, which are old laws still in force that can now be applied; and 3) rather enacted laws that restrict abortion to early gestational age or prohibit it almost completely. Some states have passed laws in more than one of these categories.

Thirteen states had trigger bans, laws that were written to take effect either immediately, through government official certification, or after a 30-day waiting period if deer is inverted. Once in force, these laws replace other laws that the state may have in the books, such as bans after a certain number of weeks of pregnancy, said Elizabeth Nash, a policy analyst at the Gutmacher Institute.

“The trigger ban applies throughout pregnancy,” Nash said. “There is no gestational age [restriction]”

Activation laws have been in place in several states since Friday, including Arkansas, Missouri and South Dakota.

Five additional states that do not have trigger laws had in advancedeer abortion prohibition laws that could now be enforced depending on state legislative action or judicial enforcement. (Arizona preview)deer the ban was in the books even before it became a state.)

A number of states have passed laws banning abortions after early gestational age, although trigger bans in most of these states go beyond those. However, among countries without triggering laws, four had six-week bans that could take effect if the lawsuits against them were to be dropped. Of these, Ohio is now in force.

Sixteen states and the District of Columbia currently have laws that protect the right to abortion, especially before the point of fetal viability, according to the Kaiser family’s non-partisan foundation.

Enforce abortion bans before Roe

Some countries have laws that existed before deer ruling and have since remained in the books unfulfilled. Whether these laws will take effect may depend on the current political bias in those places, Nash of Guttmacher said in an interview with NPR last month.

In states like Michigan and Wisconsin, beforedeer Prohibitions on abortion are technically still part of state law. But Democrats who hold governors ‘and chief prosecutors’ offices may not be interested in imposing them, she said. The Wisconsin Attorney General said he would not impose a state ban, but abortion clinics suspended services on Friday.

In other states, such as West Virginia and Arizona, Republicans are more likely to push for enforcement or ask the court to allow previously disputed laws to take effect.

“I want to emphasize that this will happen quite quickly. We are not talking about months and years. We are really talking about days and weeks,” Nash said.

How Prohibitions on Abortion in Early Pregnancy Restrict Abortion

Prohibitions on abortion after six or eight weeks of gestation narrow the window for access to abortion by several weeks. The bans, which were passed in several states, were previously held in court, with the exception of Texas, but could now take effect depending on court action. Ohio already has it.

The onset of pregnancy is measured as the first day of a woman’s menstrual cycle. Pregnancy can occur during ovulation or within two weeks after the first day of the menstrual cycle. Detection of pregnancy is possible within about four weeks from the first day of a woman’s menstruation. This means that in countries that ban abortions after six weeks, a pregnant woman who decides to have an abortion usually has about two weeks to have an abortion in that condition.

Additional reports by Sarah McCamon of NPR.

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