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Health, Fitness and Style
AS OF APRIL 4, 2022
Background
Changes to the makeup of the U.S. Supreme Court in 2018 raise the possibility that Roe v. Wade could be severely undermined — or even overturned — essentially leaving the legality of abortion to individual states. A reversal of Roe could establish a legal path for states’ pre-1973 abortion bans, as well as currently unenforced post-1973 bans, to take effect.
Many state lawmakers continue to consider and enact abortion bans that fly in the face of constitutional standards and Roe’s precedent in anticipation of an eventual lawsuit on such a ban coming before a Supreme Court hostile to abortion rights.
Some bans prohibit abortion under all or nearly all circumstances, a tactic widely viewed as an attempt to provoke a legal challenge to Roe. Several of this type of ban that were passed by states have been blocked by court orders and would require further court action to be enforced.
Other bans enacted after Roe are designed to be “triggered” and take effect automatically or by swift state action if Roe is overturned. Several states even have laws declaring the state’s intent to ban abortion to whatever extent is permitted by the U.S. Constitution, making their desire to halt abortion access in the state clear. A few states have amended their constitution to declare that it does not contain any protection for abortion rights or allow public funds to be used for abortion.
Meanwhile, policymakers in some states have approved laws to protect abortion rights without relying on the Roe decision. Most of these policies prohibit the state from interfering with the right to obtain an abortion before viability or when necessary to protect the life or health of the pregnant person.
Visit our state legislation tracker for policy activity on all sexual and reproductive health topics.
Highlights
- 23 states have laws that could be used to restrict the legal status of abortion.
- 9 states retain their unenforced, pre-Roe abortion bans.
- 13 states have post-Roe laws to ban all or nearly all abortions that would be triggered if Roe were overturned.
- 9 states have unconstitutional post-Roe restrictions that are currently blocked by courts but could be brought back into effect with a court order in Roe’s absence.
- 7 states have laws that express the intent to restrict the right to legal abortion to the maximum extent permitted by the U.S. Supreme Court in the absence of Roe.
- 4 states have passed a constitutional amendment explicitly declaring that their constitution does not secure or protect the right to abortion or allow use of public funds for abortion.
- 16 states and the District of Columbia have laws that protect the right to abortion.
- 4 states and the District of Columbia have codified the right to abortion throughout pregnancy without state interference.
- 12 states explicitly permit abortion prior to viability or when necessary to protect the life or health of the pregnant person.
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TOPIC
GEOGRAPHY
- Northern America: United States
- Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Related Content
Guttmacher Policy Review
*State Policy Resources: The Guttmacher Institute monitors and analyzes state policy developments—including legislative, judicial and executive actions — on a broad range of issues related to sexual and reproductive health and rights. These resources, on such issues as access to and availability of abortion, contraceptive services and sex education, are updated regularly to provide a comprehensive picture of the state policy landscape.
A bill to assist states in carrying out projects to expand the child care workforce, early learning and child care facilities in the states; A bill to deter, prevent, reduce, and respond to harassment in the workplace, including sexual harassment, sexual assault, and harassment based on protected categories; A bill to require that Supplemental Nutrition Assistance Program (SNAP) benefits be calculated with reference to the cost of the low-cost food plans as determined by the Secretary of Agriculture, and for other purposes; A bill to provide for the conduct of demonstration projects to provide coordinated case management services for TANF (Temporary Assistance for Needy Families) recipients; A bill to provide coverage for custom fabricated breast prostheses following a mastectomy; A bill to promote the economic security and safety of survivors of domestic violence, dating violence, sexual assault, or stalking, and for other purposes; Hearing: Re-Authorization of the Violence Women Act.
Weekly Legislative Update
February 25- March 1, 2019
Bills Introduced
Child C… more »
Melissa Ludtke writes: Whether the topic is networks or reunions, DNA or language of family, the two generations of voices I heard in Random Families resonated with me. I sense this will be the case with readers who come to this book without having the same personal connections I do with either donor sperm or adoption. Families like the ones Random Families portrays are rooted in our American landscape. Thankfully, the regrettable era of family secrecy about this form of conception has largely passed, prompted by single women, who in choosing this method for becoming pregnant then made sure their children knew how they’d been conceived. Their push for greater openness made it happen. more »
Jane Shortall writes: A Dubliner, a girl in her twenties, envies me for living in that city through the seventies. She and many of her friends do not snigger at those years described as ‘the decade that style forgot.’ They love how things were back then, citing everything from our apparent carefree life, lots of jobs, not so many crazy rules, many different styles of clothing and, in their words, totally brilliant music. ‘Tell me, what music from today will we be listening to in forty years’ time?’ she asked. Yes, I did see lots of bands in Dublin back then. From Led Zeppelin to Horslips, they came to Dublin and belted out their hits. more »
Sen. Ben Sasse (R-NE)/read for the first time (1/31/19) —A bill to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion; Sen. Catherine Cortez Masto (D-NV)/Judiciary (1/29/19)—A bill to establish the Interdiction for the Protection of Child Victims of Exploitation and Human Trafficking Program to train law enforcement officers to identify and assist victims of child exploitation and human trafficking.Rep. Carolyn Maloney (D-NY)/Judiciary (1/29/19)—A joint resolution proposing an amendment to the Constitution of the United States relative to equal rights for men and women. more »
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