Although the opening of the bill has no immediate effect on access to abortion, the preliminary opinion, which was not confirmed independently by CNN, will overturn Roe v. Wade if a majority of judges decide to join, leaving state lawmakers to decide their own abortion policies.
Rowe v. Wade’s 1973 ruling confirmed the right to abortion under the 14th Amendment, stating that abortion is constitutionally protected for up to about 23 weeks, when the fetus can normally live outside the womb.
Last year, the Supreme Court agreed to hear a challenge to the 15-week Mississippi abortion ban, prompting the court to consider decades of precedent set by Rowe. Some U.S. lawmakers have adopted policies to increase access to abortion, including in California, which passed a law in March to cut the cost of abortion covered by health plans, and in Colorado, where Democratic lawmakers codified the right to abortion in the state. . But many Republican-led legislators have already set out to restrict access to abortion, and others are willing to impose restrictive laws that remain unenforced since the Roe Act. An overall analysis by the Guttmacher Institute found that 23 states have laws aimed at restricting access to abortion, including some states that have multiple regulations.
States, including Michigan, Wisconsin and West Virginia, had restrictions on abortions before Roe’s decision, which were never lifted. Others have approved near-total bans or laws banning abortions after a number of weeks – but many have been blocked by courts, including those in Alabama, Georgia, Iowa, Ohio and South Carolina.
Lawmakers in 13 states have passed so-called “trigger laws,” which are bans designed to take effect if Roe is repealed. In some cases, the law requires an official as Attorney General to certify that Roe has been removed before the law takes effect.
These are the states with “trigger laws” that are ready to take effect almost immediately if Rowe v. Wade is repealed.
Arkansas
Arkansas has a book law that will ban almost all abortions if Rowe is canceled, except in the case of life-threatening medical care. A medical provider who violates the law could face up to 10 years in prison, a fine of up to $ 100,000, or both. Last year, a federal judge blocked another bill passed by state lawmakers that aimed to block almost all abortions and made no exceptions for rape or incest.
Idaho
The Idaho ban will make abortion a crime punishable by up to five years in prison if Rowe is removed. Exceptions are provided to prevent the death of the pregnant woman or in case of rape or incest. In March, Idaho lawmakers passed a separate bill modeled on Texas’ restrictive law that bans abortion once fetal heart rate can be detected, which could happen as early as six weeks later. The law also allows family members of the fetus to sue the doctor who performed the procedure. The ban was temporarily blocked by the state’s Supreme Court last month after abortion providers challenged it in a lawsuit.
Kentucky
The Kentucky legislature passed a bill in 2019 that would ban abortions and make them a crime if the Supreme Court overturns Rowe. Very limited exceptions will be provided to prevent the death or serious injury of the person giving birth.
Louisiana
Louisiana has a law that will prohibit a medical provider from performing an abortion procedure or providing drugs designed to cause an abortion in the event Roe is canceled. The ban will not apply to life-threatening or serious medical emergencies, but requires the doctor to make “reasonable medical efforts” to save the life of the adult and the fetus.
Mississippi
Mississippi law states that within 10 days after the state’s attorney confirms that Roe has been revoked, abortion is banned in the state. Limited exceptions are provided in cases of rape or where the procedure would save the mother’s life. Mississippi adopted a separate 15-week abortion ban in 2018, the source of the case, which is currently before the Supreme Court. The court is expected to announce its ruling in June, but a draft opinion released by Politico suggests a majority of judges may be ready to remove Rowe.
Missouri
Missouri has approved a law in 2019 that will make it a crime for healthcare providers to perform or induce abortions, except in cases of medical emergencies if Rowe is destroyed.
North Dakota
A law approved by the North Dakota Legislature in 2007 will ban abortion and make it a crime to perform the procedure, unless it would save the mother’s life. The law will come into force “as a result of new decisions by the United States Supreme Court,” which will make the provision constitutional.
Oklahoma
Oklahoma Gov. Kevin Steet signed a bill last month that would make abortion illegal in the state, allowing only exceptions to save a pregnant woman’s life. The measure makes an abortion or an attempt to commit such a crime punishable by a maximum fine of $ 100,000 or a maximum of 10 years in prison, or both. A second bill, signed last week, sets deadlines for the entry into force of the provisions, depending on how the Supreme Court rules.
South Dakota
South Dakota has had a book ban since 2005, when a law was passed to create an almost total ban on abortion in the event that Rowe is repealed. The law will make abortion illegal, except in life-threatening medical emergencies, and will take effect “on the date the states are recognized by the United States Supreme Court as having the power to prohibit abortion at all stages of pregnancy.”
Tennessee
The Tennessee Act contains a provision that will prohibit all abortions except those that would prevent the death of the mother and will take effect 30 days after Roe’s removal. Medical service providers can be charged with a felony.
Texas
The so-called Texas Ban Act was signed by law in June 2021 and will make abortions illegal unless the pregnant woman’s life is in danger or they are at risk of serious injury. The law will take effect 30 days after the Supreme Court issued a decision revoking Rowe.
Utah
Utah passed a law in May 2020 banning almost all abortions if Rowe is repealed. Exceptions include cases of rape or incest, detection of severe birth defects or prevention of death or serious injury to the person giving birth. Abortion in violation of the law is a second-degree crime.
Wyoming
Signed last month, the Wyoming bill added a provision that would make abortion illegal if Roe is repealed, with extremely limited exceptions for sexual violence, incest or the risk of death or serious injury to the person giving birth. .
Tierney Sneed, Arian de Vogue, Joan Biskupic, Veronica Straqualurcy, Sean Misel, Paradise Afshar, Caroline Kelly and Rebecca Reiss contributed to this report.
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