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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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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
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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.
Women's Congressional Policy Institute: "A resolution supporting the observation of National Trafficking and Modern Slavery Prevention Month to raise awareness of, and opposition to, human trafficking and modern slavery; A bill to amend Family and Medical Leave Act to expand employees eligible for leave and employers subject to leave requirements; A bill to assist states in carrying out projects to expand the child care workforce and child care facilities in the states. . A bill to prohibit the interference, under color of state law, with the provision of interstate abortion services." more »
"An intensive study of a group of plants that first invaded emerging deserts millions of years ago concludes that these pioneers — rock daisies — did not come unequipped to deal with heat, scorching sun and lack of water. They had developed adaptations to such stresses while living on dry, exposed rock outcroppings within older, more moist areas and even tropical forests, all of which made it easier for them to invade expanding arid areas." more »
H. Con. Res. 7: A concurrent resolution commending the bravery, courage, and resolve of the women and men of Iran demonstrating in more than 133 cities and risking their safety to speak out against the Iranian regime; A bill to increase the punishment for certain offenses involving children; A resolution condemning the Supreme Court's decision to overturn Roe v. Wade and Planned Parenthood v. Casey and committing to advancing reproductive justice and judicial reform; A bill to provide for research and education with respect to triple-negative breast cancer; A bill to enhance criminal penalties for health-related stalking; A bill to require that activities carried out by the United States in South Sudan relating to governance reconstruction and development and refugee relief and assistance support the basic human rights of women and women’s participation and leadership in these areas. more »
“The Justice Department is committed to using all its tools to address stalking,” said Associate Attorney General Vanita Gupta. “Survivors need justice and safety, and communities require resources to respond and prevent this crime. OVW’s grantees play a critical role, providing essential services and justice solutions in their communities.” With the prolific misuse of the Internet and other forms of technology as weapons against stalking victims, today’s Strategies Showcase further emphasizes the White House’s priority to eradicate technology-facilitated violence. Last June, President Biden established the White House Task Force to Address Online Harassment and Abuse, an interagency effort to increase prevention, response and protection measures for survivors. more »
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