|
Help |
Site Map
|
Issues
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.
Printer-friendly version
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.
Jo Freeman Writes: Those who suffer defeat, be they Presidents or populations, deal with downfall in different ways. Denial is one way. Simply flip defeat on its head and claim victory. You might not get the concrete benefits of an actual victory, but you can get the psychological ones. The white South admitted to only military defeat. To claim a moral victory, it invented the Lost Cause, which saw the War as an heroic attempt of a noble people to leave a union that only wanted to exploit its wealth. Believers insisted that the reason for the War was states’ rights, ignoring the fact that the Secession Ordinances declared it to be slavery. This is a timely book. What to do with statues of Confederate soldiers has been much in the news lately. As the author points out, however, this is just the latest twist in a story that began after the Civil War. more »
The Minor League Baseball Relief Act would allow Minor League Baseball to access up to $550 million in emergency grants to be administered by the Small Business Administration (SBA) and made available through funding authorized under previous COVID-19 relief legislation that would otherwise be returned to the Treasury Department. “Minor League Baseball is a point of pride to hundreds of small cities and towns across the country,” said Representative McKinley. “Like many other small businesses in other industries, minor league clubs are struggling from the economic impact of the pandemic. Many of these teams are at risk of closing their doors if they don’t have additional assistance to make it through this crisis. This bipartisan legislation will ensure Minor League Baseball as we know it can survive and keep America’s pastime alive.” more »
FactCheck Weekly: "House Republicans have sought to change the narrative on the Jan. 6 attack on the Capitol by pro-Trump protesters, claiming that Speaker Nancy Pelosi is “ultimately responsible for the breakdown of security at the Capitol.” But their arguments overstate the role of the House speaker in overseeing the security of the Capitol and rely on speculation about Pelosi’s involvement and knowledge about intelligence warnings for which they have not provided any proof. Republican Rep. Jim Banks said that Pelosi, as speaker, “has more control and authority and responsibility over the leadership of the Capitol Police than anyone else in the United States Capitol” and therefore, “is ultimately responsible for the breakdown of security at the Capitol that happened on Jan. 6.” The speaker does not oversee security of the US Capitol. The speaker appoints one member of a four-member board that oversees Capitol security, and who then must be approved by the House. House Minority Leader Kevin McCarthy suggested Pelosi played a role in denying efforts prior to Jan. 6 to bolster security on the Capitol grounds with members of the National Guard. There is no evidence of that." more »
The Minor League Baseball Relief Act would allow Minor League Baseball to access up to $550 million in emergency grants to be administered by the Small Business Administration (SBA) and made available through funding authorized under previous COVID-19 relief legislation that would otherwise be returned to the Treasury Department. “Minor League Baseball is a point of pride to hundreds of small cities and towns across the country,” said Representative McKinley. “Like many other small businesses in other industries, minor league clubs are struggling from the economic impact of the pandemic. Many of these teams are at risk of closing their doors if they don’t have additional assistance to make it through this crisis. This bipartisan legislation will ensure Minor League Baseball as we know it can survive and keep America’s pastime alive.” more »
|
|
