WHERE WILL ABORTION BE ILLEGAL? The U.S. Supreme Court's ruling is expected to lead to abortion bans in roughly half the states. Here is an overview of abortion legislation and the expected impact of the court's decision in every state.
Background:
What’s next: The owner and operator of the Red River Women’s Clinic in Fargo said she would explore all legal options to ensure abortion services are available in North Dakota. Should that fail, clinic leader Tammi Kromenaker plans to move across the river to Moorhead, Minnesota, where abortion has not been outlawed. Planned Parenthood says it can provide abortions in Moorhead until Kromenaker gets up and running.
Background: Abortion services were halted in Oklahoma in May after Gov. Kevin Stitt signed a bill that prohibits all abortions with few exceptions. The ban is enforced by civil lawsuits rather than criminal prosecution. Republican lawmakers have been pushing to restrict abortion in the state for decades, passing 81 different restrictions since Roe v. Wade was decided in 1973, according to the Guttmacher Institute.
Effect of Supreme Court ruling: The Guttmacher Institute has estimated that Oregon would experience a 234% increase in women coming from out of state, especially from Idaho, if the high court overturns Roe v. Wade. In March, Oregon lawmakers approved $15 million to expand abortion availability and pay for abortions and support services such as travel and lodgings for residents and out-of-state patients.
What’s next: Legislation to outlaw abortion after the detection of a fetal heartbeat -- which can happen at six weeks, before many women even know they are pregnant -- has passed a House committee and is awaiting a floor vote. The state Supreme Court is considering a lawsuit filed by Planned Parenthood and other abortion providers aiming to overturn a 1982 law that bans the use of state dollars for abortion, except in cases of rape, incest or to save the life of the mother.
Background: In 2021, South Carolina passed the "Fetal Heartbeat and Protection from Abortion Act" that requires doctors to use an ultrasound to try to detect a fetal heartbeat if they think a pregnant woman is at least eight weeks along. If they find a heartbeat, they can only perform an abortion if the woman’s life is in danger, or if the pregnancy is the result of rape or incest. The law is currently tied up in a federal lawsuit.
Effect of Supreme Court ruling: If the U.S. Supreme Court overturns Roe v. Wade, South Dakota has a trigger law that would immediately ban abortions except if the life of the pregnant woman is at risk. What’s next: It’s unclear if the trigger law conflicts with the 2020 law banning most abortions at about six weeks. The state’s attorney general, a Republican, has not publicly weighed in. Meanwhile, Republicans are expected to continue to have supermajority control after this year’s midterm elections. Reproductive rights activists say they will direct patients seeking abortion to clinics in Illinois if Roe v. Wade is overturned, or to Florida, which would ban abortions at 15 weeks.
Background: The state has been restricting abortion for years, including a ban after 18 weeks passed in 2019 that’s now blocked in court. The following year, lawmakers passed a "trigger law" that would outlaw nearly all abortions if Roe v. Wade was overturned. Effect of Supreme Court ruling: If the U.S. Supreme Court overturns Roe v. Wade, nothing will change immediately in Vermont.
What’s next: The future of abortion access is Virginia is murky. Gov. Glenn Youngkin has indicated he would support an abortion ban around 20 weeks of a pregnancy, though he generally supports exceptions in cases of rape, incest or to save a mother’s life. He has not specified how he would proceed if Roe v. Wade is overturned.
Background: West Virginia currently bans abortion after the 20th week of pregnancy unless a patient’s life is in danger, or they face "substantial and irreversible physical impairment of a major bodily function." Patients seeking abortions must wait 24 hours after undergoing legislatively mandated counseling designed to discourage abortions. A minor who wants an abortion must obtain parental permission. The use of telemedicine to administer a medication abortion is outlawed.
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