The Supreme Court has overturned Roe V. Wade, the 1973 decision that established a constitutional right to an abortion in the US. Now decisions on the legality of abortion are left to the states. This means that access to abortion will vary dramatically, depending on where you live. While 16 states and the District of Columbia Have laws that protect the right to an abortion, 22 states have laws that could ban all or most abortions now that Roe has been reversed, according to the Guttmacher Institute, a policy group that supports abortion rights and tracks national abortion statistics. The organization details a patchwork of laws among these states, including pre-Roe bans, trigger laws, and post-Roe restrictions that will determine the fate of abortion access in the US.
The resolution passes. Nine states have bans on their books that predate Roe V. Wade, which have been unenforceable for the past five decades. Some of them date back to the late 1800s or early 1900s. These could be laws that could be enforced after this decision or as a result of this decision. States like Arkansas can now revive their Pre-Roe bans through official enforcement or by filing court actions. However, not all states with Pre-Roe bans are poised to enforce the laws. Michigan Governor Gretchen Whitner and abortion rights groups have filed lawsuits to block the state's 1931 law that makes providing abortion at any point during pregnancy a felony. A Michigan judge, through a preliminary injunction, said the state can't enforce it.
Whereas others in states like Arizona, 13 states have passed so-called trigger laws on the condition they would go into effect If the Supreme court rescinded the constitutional right to abortion. However, each of these laws is quite different from the other one. And they can take effect at different times. In Kentucky, Louisiana, and South Dakota, the laws are enforceable immediately, but in Texas, Idaho, and Tennessee, there's a 30-day buffer period between Roe's reversal and when the laws go into effect.
In some states, trigger laws can only be implemented after state government officials, Such as Attorneys General or Governors, certify the high court's decision. Some states, including Georgia and Alabama, have sought to set stricter limits on when abortions can be performed during a pregnancy.
Georgia's ban on abortion around when cardiac activity can be detected and Alabama's near-total ban has previously been blocked in court because they conflicted with limits set by Roe. -Now the elimination of the federal protections for the procedure and the reversal Of the Supreme Court precedent means that it's possible they can be resurrected in some way. Some states don't have these specific restrictions or protections for abortion currently on the books and it remains to be seen what actions they will take in the future.
Meanwhile, abortion clinics in more liberal states have been preparing for an influx of patients. They are expanding their hours, adding more staff, and adding more days that they are available to accommodate what they expect to be even more patients coming in. Abortion providers in more restrictive states are also assessing how to support patients who will need to travel outside of the state for the procedure. Planning and figuring out how they will navigate this different and varying access to abortion across this country will be something that I'm sure will take some time to really nail down and figure out.