Roe v Wade – legality of abortion may be up to States – the landmark case could be struck down, resulting in the legality of abortion would be up to each state. 26 states are expected to ban or restrict access to abortion, if Roe v Wade is overturned.
Clinics neighboring these 26 states are preparing for a surge in patients from these states that limit access to abortion. Already, a leaked draft memo from the US Supreme Court suggests the ruling could be overturned, which will have a major impact in states across the country that have already signaled their intention to restrict or ban abortion.
From Guttmacher.org 2021 October
Pre-Roe ban: Law enacted before 1973 and never removed
“Trigger” ban: Law designed to be “triggered” and take effect automatically or by quick state action if Roe no longer applies
Near-total ban: Law enacted after Roe to prohibit abortion under all or nearly all circumstances (several of this type are currently blocked by court order)
Six-week ban: Law prohibiting abortion after six weeks of pregnancy (one in effect)
Eight-week ban: Law prohibiting abortion after eight weeks of pregnancy (none in effect)
State constitution bars protection: Constitution amended to prohibit any protection for abortion rights
- Alabama—Pre-Roe ban, Near-total ban, State constitution bars protection
- Arizona—Pre-Roe ban
- Arkansas—Pre-Roe ban, Trigger ban, Near-total ban
- Georgia—Six-week ban
- Idaho—Trigger ban, Six-week ban
- Iowa—Six-week ban
- Kentucky—Trigger ban, Six-week ban
- Louisiana—Trigger ban, Near-total ban, Six-week ban, State constitution bars protection
- Michigan—Pre-Roe ban
- Mississippi—Pre-Roe ban, Trigger ban, Six-week ban
- Missouri—Trigger ban, Eight-week ban
- North Dakota—Trigger ban, Six-week ban
- Ohio—Six-week ban
- Oklahoma—Pre-Roe ban, Trigger ban (effective November 1, 2021), Near-total ban, Six-week ban
- South Carolina—Six-week ban
- South Dakota—Trigger ban
- Tennessee—Trigger ban, Six-week ban, State constitution bars protection
- Texas—Pre-Roe ban, Trigger ban, Six-week ban
- Utah—Trigger ban, Near-total ban
- West Virginia—Pre-Roe ban, State constitution bars protection
- Wisconsin—Pre-Roe ban
- Wyoming—Trigger ban
States Likely to Ban Abortion – they are likely to ban abortion as soon as possible without federal protections in place.
- Florida—In 2021, the state legislature attempted to ban abortion at 20 weeks of pregnancy and an effort to adopt a Texas-style six-week ban was publicized. In April 2022, a 15-week abortion ban was enacted that is scheduled to go into effect in July.
- Indiana—In the past decade, the legislature has enacted 55 abortion restrictions and bans, paving the way for a comprehensive ban.
- Montana—For the first time in nearly a decade, new abortion restrictions were enacted in 2021, including restrictions on medication abortion and abortion at 20 weeks of pregnancy. (These restrictions currently cannot be enforced due to a court order.)
- Nebraska—Although not one of the most prolific states on enacting abortion restrictions, it was the first to adopt a 22-week ban (in 2010), and in 2020, enacted a ban on the standard method for abortion after 15 weeks.
Beyond the 26 states certain or likely to attempt to ban abortion immediately, other states have demonstrated hostility toward abortion by adopting multiple restrictions in the past, but are not likely to ban abortion in the near future.
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Read more about Roe v Wade – legality of abortion may be up to States at https://www.npr.org/2022/05/03/1096094942/roe-wade-overturned-what-happens-next
