The Supreme Court is ready to reverse the landmark Roe v. Wade decision that established the right to an abortion in the United States, leaving it up to individual states to assess the legality of the practice, according to a leaked draught judgment. About half of the states would ban or severely restrict abortion if Roe were overturned.
Thirteen states would outlaw abortion immediately or within a short time frame. These so-called trigger laws, which were passed in the years following the Roe decision of 1973 and specifically indicate that they would criminalize abortion within their borders, have been implemented in 13 states.
Kentucky, Louisiana, Oklahoma, and South Dakota would immediately implement bans. The prohibition would go into force 30 days after the Supreme Court overturned Roe v. Wade in states like Idaho. The process of getting a state’s attorney general or legislative council to sign off on the prohibition before it becomes law might take weeks in certain places.
Although the ban can be waived if a woman’s life or health is in jeopardy, many of these states don’t allow pregnancies caused by rape or incest.
The Pre-Roe Abortion Restriction Could Be Reinstated in Five States.
Abortion laws that have been in place for decades in five states could be reinstated if the Roe decision is overturned. However, enforcement of these laws is still questionable in each state.
Abolitionist legislation has been vetoed by Democratic governors in Michigan and Wisconsin, who both openly support women’s freedom to choose. Gov. Gretchen Whitmer of Michigan has gone so far as to file a lawsuit seeking the state’s Supreme Court to promptly clarify whether Michigan’s Constitution protects the right to abortion.
The pre-Roe abortion prohibition in West Virginia is set to take effect. A recent restriction on abortion beyond 15 weeks, however, has taken precedence in Arizona, according to Governor Doug Ducey. A blanket ban on abortion in Alabama, passed in 2019, is likely to be enforced instead.
Although a pre-Roe ban existed in North Carolina until the late 1960s, state legal experts suggested that a 2015 prohibition that is now unenforceable would take precedent over the state’s 20-week ban.
A Total of 14 States Would Prohibit Abortions Before the Fetus Is Viable.
More than a dozen states are considering legislation that would limit abortions to 22 weeks or earlier, and many more are expected to follow suit.
After 24 weeks of pregnancy, the Supreme Court appears poised to reverse a 1992 case that affirmed states’ power to prohibit abortions beyond that stage of fetal viability. Abortion laws limiting abortion to 20 weeks, 15 weeks, or six weeks might be implemented without Roe or Casey.
Indiana and West Virginia’s 22-week abortion prohibitions, for example, remain in place despite being enjoined by state courts. If Roe and Casey were overturned, attorneys general in some states would be expected to petition judges to dismiss or uphold their restrictions, said Elizabeth Nash, a spokeswoman for the American Civil Liberties Union.
working for the Guttmacher Institute as a state policy analyst. There’s no telling how long it’ll take, she said. Judgments “don’t feel like they’re constrained by any kind of time limit”
The supreme courts of Montana and Florida have previously affirmed the constitutional right to abortion in their respective states. Despite this, the state of Florida recently imposed a restriction on abortion after 15 weeks of pregnancy.
on July 1st, the state of Montana has approved a 20-week moratorium for 2019. A referendum on the state’s constitutional protection of the right to an abortion will be held by Kansans in August.
As many as 28 states might restrict or outlaw abortion in the next weeks and months. A total of twenty-two states are expected to remain unaltered, with comprehensive abortion access remaining. As a result, some are also seeking to expand abortion rights, particularly for medical professionals. In June, the Supreme Court is anticipated to announce its ruling.