A leaked Supreme Court “opinion” on a Mississippi abortion case has raised expectations that Roe v. Wade will be overturned. Some states would restrict or ban abortions if the ruling is overturned. Other states have laws on the books that will keep abortion legal.
The landmark 1973 ruling has been criticized since the day it was announced. Critics argue there is no constitutional basis for abortion rights or a right to “privacy.” They further argue the right is completely made up and contend that abortion rights supporters have diverged from the Constitution’s text and history.
Overturning Roe v. Wade will not end abortion in the U.S. because the ruling says the matter should be taken from the courts and returned to the states. So, each state will decide if abortion should be permitted in their jurisdiction.
Many so-called “blue states,” such as New York, have laws guaranteeing a “right” to an abortion. There would be no change in the availability of abortions if the Supreme Court declares there is no “right to an abortion.”
Mississippi is the state whose 15-week abortion ban was argued in December (Dobbs v. Jackson Women’s Health Organization, et al.). The law includes an exception for medical emergencies but not for rape or incest.
Texas ignited a firestorm when it passed the so-called “Heartbeat Bill” that banned procedures after six weeks.
Florida banned abortions after 15 weeks, except in cases of medical emergencies, in April.
Oklahoma criminalized abortion in the state unless the procedure is necessary to save the mother’s life.
Kentucky bans abortions after 15 weeks of pregnancy, restricts access to abortions for minors and cracks down on medication abortions.
Montana bans abortion starting at 20 weeks and added regulations covering how medication-induced abortions may be administered.
Oklahoma enacted a so-called “trigger law” that provides for the state to end abortion access immediately if the U.S. Supreme Court overturns Roe v. Wade.
South Carolina bans abortions when a fetal heartbeat is detectable.
Wyoming also passed a law that will be triggered upon a Supreme Court reversal of Roe v. Wade. It would ban abortions entirely within five days of the court ruling.
Idaho requires physicians to check for a fetal heartbeat and bans abortion if a heartbeat is detected except in the case of a medical emergency.
The right to abortion is enshrined in state statutes or state constitutions in California, Connecticut, Hawaii, New .Jersey, New York, Oregon, Vermont and Washington.
New York allows abortions within the first 24 weeks of pregnancy. Of the more than 400,000 abortions performed in NYC before Roe v. Wade, nearly 66 percent were from women who lived elsewhere, according to a New York Times report. Governor Kathy Hochul funneled $35 million to abortion clinics in anticipation of a resumption in so-called “tourist abortions.”
There are 14 other states where abortion is protected by state law with limitations on access. They are Alaska, Colorado, Delaware, D.C., Florida, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada and Rhode Island
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