Which states would restrict or protect the right to abortion if Roe v. Wade was suppressed?

Washington – A bombshell draft opinion indicating that the Supreme Court could overturn the historic Roe v. Wade’s 1973 shocked Washington and the nation, pushing Democrats and abortion right advocates to the alarm sounds about the future of access to abortion in the United States.

Such a Supreme Court decision, if final, would nullify 50 years of abortion history and put state-level officials in the driver’s seat to determine access to abortion, resulting in a patchwork of laws that vary based on where a woman lives. person. The supreme court confirmed the authenticity of the draft opinion in a statement Tuesday morning, but pointed out that it does not represent the final position of any of the members on the issues in the case, which involves a Mississippi law banning abortion after 15 weeks of pregnancy.

Obtained and published by Politico late Monday, the draft opinion it was written by Judge Samuel Alito and circulated among the judges in February. The document indicates that a majority of the Supreme Court voted to overthrow Roe, although the judges can – and have – changed their votes after the exchange of drafts. A Supreme Court decision in Mississippi case it is expected by the end of the court’s mandate in late June or early July.

“Roe was terribly wrong from the start,” Alito wrote, adding: “It is time to listen to the Constitution and return the issue of abortion to the elected representative of the people.”

In the Roe ruling, the court found that the Constitution protected a woman’s right to abortion before the point where a fetus is viable outside the womb, typically around 24 weeks of pregnancy. Roe’s overturn, and a 1992 case that reaffirmed his ruling, would allow states to determine their own abortion restrictions or protections.

A number of Republicans have already taken steps to revoke access to abortion by passing laws banning abortions at various stages of a pregnancy. Democrat-led states, meanwhile, have acted to protect the right to abortion. And state-level action on the abortion issue has taken place not only in state legislatures across the country, but also in their own courts.

An analysis by the Guttmacher Institute, a research organization that advocates abortion rights, found that 23 states have book laws that could be used to restrict abortion rights if the Supreme Court overturns or undermines Roe, starting from 1 May.

Here’s where the states on access to abortion are:

States with “trigger” laws.

Thirteen states have so-called “trigger” laws that would restrict abortion if Roe v. Wade was overturned by the Supreme Court: Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah and Wyoming. Some of the state laws would go into effect immediately after a Supreme Court decision, while others would go into effect after 30 days.

In many cases, the bans go into effect once the state attorney general or other official certifies that the Supreme Court’s decision overrides Roe, but this could take a few days after the court’s decision.

Nebraska lawmakers attempted to pass an activation ban this year, but failed in the state senate in April.

States with six-week bans

Advocates of abortion rights have lobbied states to enact legislation banning the procedure once an embryonic heartbeat is detected, after about six weeks of pregnancy. Eleven states have done so, although nearly all measures have been blocked: Georgia, Idaho, Iowa, Kentucky, Louisiana, Mississippi, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee and Texas.

Only Texas law is in effect, like the Supreme Court last year refused to block it from being imposed. The measure has a new enforcement mechanism that mandates private citizens, not state officials, to enforce it by filing lawsuits in a state court against anyone who performs an abortion or “helps” them. Its design inspired bills in other GOP-led states that mirror the Texas measure.

Status with eight-week ban

In 2019, Missouri Governor Mike Parsons, a Republican, signed a bill that made abortions after eight weeks of pregnancy illegal. A federal district court blocked the measure from taking effect, and a jury of three judges from the US 8th Circuit Court of Appeals refused to overturn the lower court injunction. The entire 8th Circuit listened to arguments in Planned Parenthood’s challenge to the law last year.

States with 15-week bans

In Florida, a 15-week ban went into effect in April and goes into effect on July 1. The Mississippi law, passed in 2018, is at the center of the controversy currently before the Supreme Court.

Louisiana’s 15-week measure was signed in 2018 by Democratic Governor John Bel Edwards, though it will only go into effect if Mississippi law is complied with.

In Kentucky, the state legislature overturned Governor Andy Beshear’s veto of a bill banning abortion after 15 weeks of pregnancy last month. But a U.S. district court granted Planned Parenthood’s request for a temporary restraining order, blocking the bill from taking effect.

States with 20-week bans

Four states have book laws banning abortions after 20 weeks: Mississippi, Montana, Nebraska, and North Carolina.

In Montana, Governor Greg Gianforte, a Republican, signed a law last year banning abortion after 20 weeks, but a state court judge blocked the measure and two other laws from going into effect. abortion in October.

States with abortion bans prior to Roe v. Wade

In addition to having more recent book laws that impose limits on when abortions can be performed in pregnancy, nine states have laws enacted prior to the 1973 decision in Roe that were never removed.

These states are Alabama, Arizona, Arkansas, Michigan, Mississippi, Oklahoma, Texas, West Virginia, and Wisconsin.

In Michigan, however, Democrat Governor Gretchen Whitmer previously sued 13 county prosecutors with abortion clinics in their jurisdictions in an attempt to circumvent the 1931 state pre-Roe abortion ban.

States with the right to abortion enshrined in their constitutions

According to the Center for Reproductive Rights, the highest courts in 10 states have recognized the right to abortion under their respective constitutions. State constitutional protections ensure abortion remains legal even in the wake of a Supreme Court decision that overturned Roe.

Some of these states, like Florida, have passed laws restricting access, while others, like Montana, have temporarily blocked abortion restrictions.

The 10 states are Alaska, California, Florida, Illinois, Iowa, Kansas, Massachusetts, Minnesota, Montana, and New Jersey.

An effort is underway in Iowa to overturn the state Supreme Court ruling protecting the right to abortion. This decision is expected in the coming months. Should the decision be overturned, the GOP-controlled Iowa legislature and governor of Iowa have signaled that they will move to further restrict access to abortion.

In Kansas, an amendment allowing abortion regulation is presented to voters in August, and pro-abortion groups in Michigan have also launched an election campaign to enshrine the right to abortion in the state constitution.

States with laws protecting the right to abortion

While many Republican-led states have passed laws restricting access to abortion, democratically-led states have moved to preserve abortion rights. Sixteen states and the District of Columbia have taken such measures: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.

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