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The U.S. Supreme Court on June 24 overturned Roe v. Wade, the 1973 decision that had provided a constitutional right to abortion. The ruling was expected to lead to abortion bans in roughly half the states, although the timing of those laws taking effect varies.

Some Republican-led states banned or severely limited abortion immediately after the Dobbs v. Jackson decision, while other restrictions will take effect later.

In anticipation of the decision, several states led by Democrats took steps to protect abortion access. The decision also set up the potential for legal fights between the states over whether providers and those who help women obtain abortions can be sued or prosecuted.

Here is an overview of the impact the ruling has had so far in every state and the status of their laws.

ALABAMA

Political control: Alabamas Republican-controlled Legislature and Republican governor want to ban or restrict access to abortions.

Whats happened since Dobbs: Hours after the Dobbs ruling, a judge lifted an order that had blocked a 2019 law with one of the nations most stringent abortion bans from being enforced.

Whats in effect: The ban is now in effect. It makes it a felony to perform an abortion at any stage of pregnancy with no exceptions for rape or incest. There is an exception in cases where the womans health is at serious risk. The penalty is up to 99 years in prison.

Clinics offering abortions? No.

Whats next: Some Republican lawmakers have said they would like to see the state replace the 2019 ban with a slightly less stringent bill that would allow exceptions in cases of rape or incest. Proponents said the 2019 ban was deliberately strict in the hopes of sparking a court challenge to Roe.

ALASKA

Political control: Republicans hold a majority of seats in the Legislature, but the House has a bipartisan coalition majority composed largely of Democrats. Republican Gov. Mike Dunleavy, who believes life begins at conception, is seeking reelection. His main challengers independent former Gov. Bill Walker, and Democrat Les Gara have said they would protect abortion rights if elected.

Whats happened since Dobbs: The Legislature ended its regular session before the decision came out, and there has been no push for a special session.

Whats in effect: The state Supreme Court has interpreted the right to privacy in the state constitution as encompassing abortion rights.

Clinics offering abortions? Yes.

Whats next: Voters in the fall will be asked if they want to hold a constitutional convention, a question that comes up every 10 years. Many conservatives who want to overhaul how judges are selected and do away with the interpretation that the constitutions right to privacy clause allows for abortion rights see an opportunity in pushing for a convention.

ARIZONA

Political control: The GOP controls both chambers of the state Legislature. Republican Gov. Doug Ducey must leave office in January because of term limits.

Whats happened since Dobbs: Legal uncertainty about two different abortion laws prompted clinics to stop providing the procedure. Republican Attorney General Mark Brnovich has asked a judge to lift a decades-old order that blocks enforcement of an abortion ban passed before Arizona was a state. But a new law scheduled to take effect Sept. 24 would be less stringent, banning abortions after 15 weeks of pregnancy. Also after the Dobbs ruling, the U.S. Supreme Court began allowing the state to enforce a 2021 ban on abortions done solely because the fetus has a genetic abnormality such as Down syndrome. But a federal judge in Phoenix in July blocked enforcement of another part of that so-called personhood law that grants legal rights to fertilized eggs or fetuses. Abortion rights supporters said that could have been used to charge providers with assault, child abuse or other crimes for otherwise-legal abortions.

Whats in effect: The law before Dobbs barred abortions after about 22 weeks.

Clinics offering abortions? No.

Whats next: More court battles are expected over whether the earlier, more complete ban is in effect and whether Arizonas less stringent law can take effect in September.

ARKANSAS

Political control: The Legislature and governors office are controlled by Republicans. Gov. Asa Hutchinson is term-limited and will leave office in January. Republican nominee Sarah Sanders, press secretary to former President Donald Trump, is widely favored to succeed him in the November election.

Whats happened since Dobbs: A trigger ban on most abortions adopted in 2019 went into effect.

Whats in effect: Abortions are banned with the exception of when the procedure is needed to protect the life of the mother in a medical emergency.

Clinics offering abortions? No.

Whats next: Hutchinson favors exceptions in the case of pregnancies caused by rape or incest, but he does not expect to ask lawmakers to consider it at a special legislative session.

CALIFORNIA

Political control: Democrats who support access to abortion control all statewide elected offices and have large majorities in the Legislature.

Whats happened since Dobbs: The day of the Dobbs ruling, Gov. Gavin Newsome signed a bill intended to protect patients or providers from being sued in states that have abortion bans. He has also launched a commitment with Oregon and Washington to defend access to abortion.

Whats in effect: Abortion is legal in California until viability, generally considered to be around 24 weeks.

Clinics offering abortion? Yes.

Whats next: Lawmakers plan to put a constitutional amendment on the ballot in November that would explicitly guarantee the right to an abortion and contraceptives.

COLORADO

Political Control: Colorados Democratic-controlled Legislature adopted and its Democratic governor signed into law a fundamental right to abortions in April.

Whats happened since Dobbs: After the legislature introduced the bill codifying abortion rights, Colorado Governor Jared Polis signed an executive order saying Coloradans will not participate in out-of-state abortion-related investigations.

Whats in effect: Colorados Reproductive Health Equity Act declares fundamental rights to abortions at any stage of pregnancy. The law also prohibits local governments from denying, restricting, or depriving individuals of an abortion. State law still prohibits public funding for abortions and requires that minors inform their parents.

Clinics offering abortions? Yes.

Whats next: Republican lawmakers in Colorado have spoken about legislative challenges to the new state law. Colorado clinics are gearing up for an expected wave of out-of-state abortion seekers as surrounding states pass abortion bans.

CONNECTICUT

Political control: Democrats who control the Connecticut General Assembly support access to abortion, as does the states Democratic governor.

Whats happened since Dobbs: A law protecting abortion providers from other states bans took effect July 1. It created a legal cause of action for providers and others sued in another state, enabling them to recover certain legal costs. It also limits the governors discretion to extradite someone accused of performing an abortion, as well as participation by Connecticut courts and agencies in those lawsuits.

Whats in effect: Abortion is legal in Connecticut until viability, generally considered to be around 24 weeks. A law adopted in 2022 allows advanced practice registered nurses, nurse-midwives or physician assistants to perform aspiration abortions in the first 12 weeks of pregnancy.

Clinics offering abortions? Yes.

Whats next: Theres been discussion of amending the state constitution to enshrine the right to abortion, which could take many years.

DELAWARE

Political control: Democrats control the governors office and the General Assembly and have taken several steps to ensure access to abortion.

Whats happened since Dobbs: The state already had a 2017 law to codify the right to abortion and a 2022 law allowing physician assistants and advanced practiced registered nurses to prescribe abortion-inducing medications. After the ruling, the state adopted another law allowing physician assistants, certified nurse practitioners and nurse midwives to perform abortions before viability that includes legal protections for providers and patients.

Whats in effect: Abortion is legal until viability.

Clinics offering abortions? Yes.

Whats next: With protections in place, no major abortion policy changes are expected.

DISTRICT OF COLUMBIA

Political control: The local government in the nations capital is controlled by Democrats, with a Democratic mayor and the D.C. Council split between Democrats and nominal independent politicians, who are all, invariably, Democrats.

Whats happened since Dobbs: No policy changes have come about since the ruling.

Whats in effect: Abortion is legal at all stages of pregnancy.

Clinics offering abortions? Yes.

Whats next: The D.C. Council is considering legislation that would declare Washington, D.C., a sanctuary city for those coming from states where abortion is banned. But because Congress has oversight power over D.C. laws, a future ban or restrictions remain possible depending on control of Congress.

FLORIDA

Political control: Republicans control the House and Senate and governors office, with GOP Gov. Ron DeSantis pledging to expand pro-life protections after the Dobbs decision.

Whats happened since Dobbs: Floridas new 15-week abortion ban law went into effect July 1. The law is the subject of an ongoing lawsuit from abortion providers in Florida but remains in effect.

Whats in effect: The Florida law prohibits abortions after 15 weeks, with exceptions if the procedure is necessary to save the pregnant womans life, prevent serious injury or if the fetus has a fatal abnormality. It does not allow exceptions in cases where pregnancies were caused by rape, incest or human trafficking. Violators could face up to five years in prison. Physicians and other medical professionals could lose their licenses and face administrative fines of $10,000 for each violation.

Clinics offering abortions? Yes.

Whats next: The lawsuit against Floridas 15 week ban is ongoing and is expected to eventually reach the state Supreme Court. Republicans believe the conservative-controlled court will uphold the law.

GEORGIA

Political control: Georgia has a GOP-controlled General Assembly and a Republican governor who support abortion restrictions, but all are up for election this November.

Whats happened since Dobbs: A federal appeals court allowed the states 2019 abortion law to be enforced in a July 20 ruling after three years of being on hold.

Whats in effect: The law bans abortion when fetal cardiac activity can be detected and also declares a fetus a person for purposes including income tax deductions and child support. There are exceptions in cases of rape if a police report is filed and incest. There are exceptions if a womans life or health would be threatened.

Clinics offering abortions? No.

Whats next: Some Republican lawmakers and candidates want Georgia to go further and ban abortion entirely, but Gov. Brian Kemp is unlikely to call a special session before Novembers general election. Lawmakers are likely to consider further action when they return for their annual session in January. A major factor is whether Kemp is reelected or unseated by Democrat Stacey Abrams in Novembers election.

HAWAII

Political control: Hawaiis governor is a Democrat and Democrats control more than 90% of the seats in the state House and Senate.

Whats happened since Dobbs: The law hasnt changed.

Whats in effect: Hawaii legalized abortion in 1970, three years before Roe v. Wade. The state allows abortion until a fetus would be viable outside the womb. After that, its legal if a patients life or health is in danger.

Clinics offering abortions? Yes.

Whats next: Democratic lawmakers are considering how they might protect Hawaii medical workers from prosecution or civil litigation from other states for treating residents who arent full-time Hawaii residents such as military dependents or college students. Policymakers are paying attention to how the state may increase access to abortion on more rural islands where there is a doctor shortage, for example by boosting training for some nurses who under a new law passed last year are allowed to perform first-trimester abortions.

IDAHO

Political control: Republicans hold supermajorities in the House and Senate and oppose access to abortion, as does the states Republican governor.

Whats happened since Dobbs: The ruling triggered a ban on all abortions except in cases of reported rape or incest or to protect the mothers life. It is to take effect Aug. 25. President Joe Biden's administration has sued over the measure, arguing that it conflicts with a federal law requiring doctors to provide pregnant women with medically necessary treatment.

Whats in effect: Current law allows abortions up to viability, around 24 weeks, with exceptions to protect the womans life or in case of nonviable fetuses.

Clinics offering abortions? Yes.

Whats next: The Idaho Supreme Court is expected to rule in August on whether to lift an injunction that blocked enforcement of a law that could subject medical providers who perform abortions to lawsuits and criminal charges.

ILLINOIS

Political control: Illinois is overwhelmingly Democratic with laws providing greater access to abortion than most states. Democrats hold veto-proof supermajorities in the House and Senate, and the Democratic first-term governor seeking reelection this year, J.B. Pritzker, has promoted peaceful protests to protect the right to an abortion.

Whats happened since Dobbs: No major policy changes. Pritzker has called for a special legislative session to expand abortion rights.

Whats in effect: Abortion is legal in Illinois to the point of viability, and later to protect the patients life or health.

Clinics offering abortions? Yes.

More:
Abortion ruling prompts variety of reactions from states - ABC News

This entry was posted on August 19, 2022 at 2:06 am and is filed under Legal Issues Genetic Medicine. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed. |