Help |
Site Map
|
Legal
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.
The report’s data metrics include call handling and loan delinquency rates, and they highlight the industry’s widely varied response to the pandemic. “Many emergency mortgage protections are winding down, and servicers have had ample time to prepare for the millions of distressed homeowners who need their assistance,” said CFPB Acting Director Dave Uejio. “Today’s report should inform servicers’ own data reviews as they determine whether they are doing enough for borrowers. Servicers who find themselves at the bottom of the pack should immediately take corrective steps. The CFPB will hold accountable those servicers who cause harm to homeowners and families.” more »
“This is a sad day for New York because independent investigators have concluded that Governor Cuomo sexually harassed multiple women and, in doing so, broke the law,” said Attorney General James. “I am grateful to all the women who came forward to tell their stories in painstaking detail, enabling investigators to get to the truth. No man — no matter how powerful — can be allowed to harass women or violate our human rights laws, period.” Starting in December 2020, multiple women came forward with allegations that Governor Cuomo sexually harassed them. Over the course of the investigation, the investigators interviewed 179 individuals. Those interviewed included complainants, current and former members of the Executive Chamber, State Troopers, additional state employees, and others who interacted regularly with the governor. 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 »
Associated Press: WASHINGTON (AP) — A committee investigating the Jan. 6 Capitol insurrection opened its first hearing Tuesday with a focus on the law enforcement officers who were attacked and beaten as the rioters broke into the building — an effort to put a human face on the violence of the day. “There’s no place for politics and partisanship in this investigation,” said the panel’s chairman, Mississippi Rep. Bennie Thompson, as he opened the session.
https://www.c-span.org/video/?513434-1/capitol-dc-police-testify-january-6-attack&live
https://www.youtube.com/watch?v=vHrt44ANHIA
"I was electrocuted again, again and again": Police Officer Michael Fanone more »
|
|