Roe V Wade Overturned but Abortion will continue in many states.
People are angry with me for stating the truth about the overturn of Roe. People are celebrating as if the scourge of abortion has been removed from our nation, and it has not been removed. Only a very few states have banned abortion. Including those states, twenty-two have "limited it" somewhat, at least to the level of the abortion laws in Europe. A few states have passed laws, like California, that are really Luciferian and condone all abortions for any reason, any time, including infanticide.
Placing the best spin on the present situation, we can't say that the Federal Courts won't wade into the debate again. The struggle to remove the scourge from our nation continues, just with different rules.
Bob Lawton is typical of the people who apply fantasy to the Roe ruling. He see "a dark cloud having been removed from over America" and that somehow a single Supreme Court belated decision for Liberty portends salvation for America.
- Bob LawtonThis fight will go on and probably intensify. Having said that I believe a dark cloud has been lifted from America. I had feared we were already under God's abandonment judgment. I now have some renewed hope that in penitence and prayer we may see not only revival but deliverance from evil at the highest levels of power.
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Until there is new legislation the following laws will apply state by state. The legalization of Abortion state by state has been so complete that overturning Roe will have minimal effect on the number of abortions in the U.S. All it signifies is that some states will have the political will to restrict abortions, but few states will outlaw it. (Some are publishing that 13 state have trigger laws that will shut down abortion upon the overturn of Roe V Wade. I personally think this is an exaggeration but we will start with that, then the status of laws before Roe was overturned. And finally an overview of what has been happening on the ground state by state.
Thirteen states have "trigger laws" banning abortion if Roe V. Wade is overturned - USAFacts
What happens when the Supreme Court ends the right to an abortion?
If the Supreme Court rules there is no constitutional right to an abortion, it will fall to the states to regulate the procedure.
As of May 2022, legislators in 13 states have passed "trigger laws," or abortion bans designed to go into effect if Roe is overturned. Wyoming is the most recent state to do so, passing a "trigger law" in March 2022.
There were 97,426 reported abortions in the 13 states with trigger laws, according to 2019 data from the CDC.
Thirteen states have “trigger laws” that will ban abortion if Roe V. Wade is overturned
Total abortions performed in 13 states with trigger laws
The state of abortion law state by state prior to the overturning of Roe.
Alabama
On May 14, 2019, Alabama signed a law banning abortion at any stage of pregnancy, including if the pregnancy resulted from rape or incest. An exception would be made if the mother's health is in danger or a fetal abnormality that would be fatal to the baby after birth.
Alaska
Abortion in Alaska is legal. A licensed physician must perform the procedure. Patients under 17 must have parental consent. House Bill 178 was proposed in 2019 to ban legal abortion in Alaska, with no exceptions made for the mother's life or in cases of rape or incest.
Arkansas
On May 15, 2019, Arkansas signed a law banning abortion after 18 weeks, with exceptions made for rape, incest, and medical emergencies. The law previously banned abortion after 20 weeks.
Arizona
Arizona abortion laws permit legal abortions up to 24 weeks of pregnancy. Patients are required to meet a physician at least 24 hours before the procedure to get state-administered information, and a licensed physician must perform the procedure. Patients who are minors must have notarized consent by a parent or guardian.
California
California abortion laws are less restrictive than most of the other states. Abortion in California is legal. Nurse-midwives and other non-physician medical professions are permitted to perform the procedure as long as they have proper training. Public state universities are required to provide students with the abortion pill, Mifepristone, at no cost.
Colorado
Abortion in Colorado is legal. There are no laws restricting access to the procedure and no laws protecting a woman's right to it. Both parents (with exceptions) or the legal guardian(s) of a woman under 18 must be given notice before an abortion.
Connecticut
Connecticut abortion laws state that abortion before the fetus's viability is legal and a decision made solely by the pregnant woman. Abortions can only be done by a licensed physician.
Delaware
Delaware abortion laws state that abortion before the viability of the fetus is legal. A licensed physician must do the procedure. Women under the age of 18 or who are mentally ill or incompetent must have parental consent. Two proposed bills have not made it to a floor vote: one that bans abortions after 20 weeks of pregnancy and one that gives a woman the chance to receive an ultrasound of the fetus before the procedure.
District of Columbia
Washington D.C.'s abortion laws are the least restrictive in the United States. Abortions are legal in the District of Columbia and do not need to be performed by a licensed physician. There is no ban on late-term abortions.
Florida
Florida abortion laws state abortion is legal before 24 weeks of pregnancy. A woman must receive an ultrasound before the procedure, and a licensed physician must perform the procedure. A parent or legal guardian must be notified if the patient is a minor.
Georgia
Georgia abortion laws are restrictive. On May 7, 2019, Georgia signed a "fetal heartbeat" law, which bans abortions after six weeks of pregnancy. Exceptions are made for mothers whose lives are at risk due to the pregnancy and in cases of rape or incest if a police report is filed. A licensed physician must do the procedure, and the physician has a right to refuse to participate.
Hawaii
Hawaii abortion laws state that abortion is legal before the viability of the fetus. A licensed physician must perform the procedure.
Idaho
Idaho abortion laws state that abortion is legal prior to the viability of the fetus. Women must receive mandatory counseling and wait 24 hours after their initial appointment to have the procedure done. Patients under 18 must have the consent of one parent or guardian. Third-trimester abortions are allowed only if the mother's life is in danger.
Illinois
Illinois's Reproductive Health Act, enacted on June 12, 2019, states that women have a fundamental right to abortion, and insurers are required to cover abortions and other reproductive health services. An abortion can be done after viability if the woman's life is in danger. A licensed physician must perform the procedure. Patients who are minors must have parental consent.
Indiana
Indiana abortion laws state that abortion is legal if performed by a doctor during the first trimester of pregnancy or in a hospital or surgical center before a fetus is viable. After viability, abortion is only allowed to protect the mother's health and must be done in a premature birth unit with a second physician present. Minors must get parental consent.
Iowa
Iowa abortion laws state that abortion is legal within the first 20 weeks of pregnancy. A licensed physician must do the procedure. Patients under the age of 18 must have a parent or guardian notified of the abortion 48 hours before the procedure.
Kansas
Kansas's abortion laws state that abortion is legal within the first 20 weeks of pregnancy. A licensed physician must do the procedure. There is a mandatory 24-hour waiting period for the procedure, during which a woman must receive counseling and notification of services and must consent to a mandatory ultrasound.
Kentucky
On March 19, 2019, Kentucky signed a "heartbeat" law that bans abortions after six weeks that was struck down. Kentucky abortion laws currently state that abortion is legal prior to 20 weeks of pregnancy. A licensed physician must do the procedure.
Louisiana
On May 30, 2019, Louisiana approved an abortion law banning abortion after six weeks of pregnancy or after a heartbeat can be detected and does not make exceptions for cases of rape or incest.
Maine
Maine abortion laws state that abortion is legal prior to viability. As of June 2019, it is now legal for nurse practitioners, physician's assistants, and other professional medical providers, in addition to physicians, to perform the procedure. Maine now requires public and private insurance plans that cover prenatal care to cover abortions.
Maryland
Maryland abortion laws state that abortions are legal prior to viability. A licensed physician must do the procedure. A parent or guardian must be notified for minor patients, except if the physician believes notice might lead to physical or emotional abuse of the patient.
Massachusetts
Massachusetts abortion laws state that abortions are legal prior to 24 weeks of pregnancy and under a physician's best judgment that the procedure is necessary. A licensed physician must do the procedure. Minors must have consent from either both parents or legal guardians.
Michigan
Michigan abortion laws state that abortions are legal prior to viability. A pregnant woman must wait 24 hours before the procedure to receive counseling and information on the procedure. Minors must receive consent from a parent or legal guardian. In cases of rape, incest, or life endangerment, public funding is available.
Minnesota
Minnesota abortion laws state that abortions are legal prior to viability. A licensed physician must do the procedure, and a second physician must be present for an abortion after the 20th week. Minors must have a parent or legal guardian notified before an abortion. There is a 24-hour waiting period after the woman receives mandatory counseling about the procedure.
Mississippi
Mississippi attempted to pass a "heartbeat" law that prohibited abortions after six weeks of pregnancy or when a heartbeat could be detected, blocked by a federal judge. Currently, Mississippi abortion laws state that abortion is legal before 20 weeks of pregnancy. Minors must have both parents notified of the procedure. There is a 24-hour waiting period after the woman receives mandatory counseling and notification about the procedure, including a mandatory ultrasound and heart tone.
Missouri
On May 17, 2019, Missouri passed a law that made abortions illegal after eight weeks of pregnancy, with no exceptions for cases of rape or incest.
Montana
Montana abortion laws state that abortions are legal up until viability. Minors under the age of 16 must have a parent, or legal guardian notified at least 48 hours prior to the procedure. The procedure must be performed by licensed physicians currently, but some advanced-practice clinicians provide abortion services. Montana protects a woman's right to an abortion in their state constitution.
Nebraska
Nebraska abortion laws state that abortions are legal before 20 weeks of pregnancy. A licensed physician must do the procedure. There is a 24-hour waiting period for each woman, during which a woman must receive counseling on the procedure, except in an emergency. Minors under the age of 19 must have consent from a parent or guardian.
Nevada
Nevada abortion laws state that abortions are legal before 24 weeks of pregnancy. Abortions after 24 weeks are allowed only if to preserve the life or health of the mother. A licensed physician must do the procedure. Minors must have one parent or guardian notified before the procedure.
New Hampshire
New Hampshire abortion law states that abortions are legal at any point in the pregnancy. The procedure does not need to be performed by a licensed physician. Minors must get written consent from a parent or guardian at least 48 hours prior to the procedure.
New Jersey
New Jersey abortion laws state that abortions are legal. The procedure must be performed in a hospital or specialized facility and a "licensed hospital" after 14 weeks of pregnancy. There is no required waiting period, parental consent, or ultrasound.
New Mexico
New Mexico has unenforceable abortion laws that state that an abortion that is not a justified medical termination is illegal; however, this law goes against the constitutional right a woman has over her own body. Only licensed physicians in licensed hospitals can perform the procedure. There are no requirements regarding parental notification, waiting periods, or counseling.
New York
New York abortion law states that abortions are legal within the first 24 weeks of pregnancy and anytime after when necessary to protect a woman's life or health. The procedure can be done by any health care practitioner that is licensed and qualified to perform the procedure, including nurse practitioners, physician assistants, and midwives.
North Carolina
North Carolina abortion laws state that abortions are legal prior to 20 weeks of pregnancy and only legal after the 20 weeks if the mother's health or life is at risk. A licensed physician must perform the procedure in a licensed hospital or clinic. Minors need written consent from a parent or guardian.
North Dakota
North Dakota abortion laws state that abortions are legal prior to 12 weeks (first trimester) of pregnancy. A licensed physician must perform the procedure. Minors must have parents or guardians notified at least 24 hours before the minor's consent.
Ohio
On April 11, 2019, Ohio signed a "heartbeat" law that bans abortions after six weeks or when a heartbeat can be detected. There are no exceptions for cases of rape or incest, but it allows exceptions if the woman's life is at risk.
Oklahoma
Oklahoma abortion laws state that abortions are legal prior to 22 weeks of pregnancy. A licensed physician must do the procedure. Minors must have a parent notified and give consent. Patients must receive counseling about the procedure and then wait 24 hours before having the procedure done.
Oregon
Oregon abortion laws state that abortion is legal and protected under the state's constitution. Oregon has no legislative restrictions on abortion.
Pennsylvania
Pennsylvania abortion laws state that abortion is legal prior to viability, or 24 weeks. The procedure must be performed by a licensed physician at a licensed hospital or facility. Patients must receive counseling about the procedure and wait 24 hours before getting the abortion done. Minors must receive consent from a parent.
Rhode Island
Rhode Island abortion laws state that abortion is legal before viability and is a fundamental right. Minors must get written consent from at least one parent. The procedure, if surgical, must be done by a licensed physician.
South Carolina
South Carolina passed the "heartbeat" bill, banning abortions after six weeks of pregnancy when a fetal heartbeat can be detected. Exceptions are made in cases of rape, incest, or danger to the mother's health. The law is not expected to be enacted until 2020. Currently, the law in South Carolina prohibits abortions at 20 weeks of pregnancy or later. A licensed physician must perform the procedure during a first-trimester abortion, and a licensed physician in a licensed clinic or hospital during a second-trimester abortion.
South Dakota
South Dakota abortion laws state that abortion is permitted in the first trimester, permitted with restrictions on facilities in the second trimester, and is banned in the third trimester unless the pregnancy poses a risk to the mother's health or life. A licensed physician must perform the procedure and done in a hospital if done during the second trimester. Patients must be given counseling about the procedure and then wait 72 hours. Minors must have a parent notified before getting an abortion.
Tennessee
Tennessee attempted to pass a "heartbeat" bill earlier in 2019, but it failed. Tennessee currently bans abortions after fetus viability. A licensed physician must do the procedure. Minors must receive consent from a parent and wait 48 hours between consultation and the procedure.
Texas
Texas abortion laws state that abortion is legal before 20 weeks of pregnancy. A licensed physician must perform the procedure. After 16 weeks, an abortion can only be done in an ambulatory surgical enter or a hospital. Minors are required to get consent from a parent or guardian. Patients are required to receive counseling and an ultrasound 24 hours before their abortion.
Utah
On March 25, 2019, Utah signed a law that bans abortions after 18 weeks of pregnancy, except for cases of rape, incest, and fatal fetal defects. This law was stopped by a federal judge. Abortions are currently legal in Utah if done before viability and after viability if the woman's life is at risk, if pregnancy is the result of rape or incest, or if the fetus has a lethal defect. A licensed physician must do the procedure. Patients must wait 72 hours after informed consent to get the procedure done. Minors must give notice to parents or guardians if unmarried.
Vermont
On June 10, 2019, Vermont signed a law making abortion a fundamental right under state law. Abortions are legal at any stage of pregnancy for any reason. The procedure can be performed by a licensed physician or another qualified medical professional such as a midwife or nurse practitioner. There is no waiting period, parental involvement, or counseling restrictions. Every abortion is to be reported to the Vermont Department of Health within seven days for data collection purposes.
Virginia
Virginia abortion laws state that abortion is permitted in the first trimester, permitted with restrictions on facilities in the second trimester, and is banned in the third trimester unless the pregnancy poses a risk to the mother's health or life. The procedure must be performed by a licensed physician and done in a hospital if done during the second trimester. Counseling must be given to the patient 24 hours prior to the procedure, and an ultrasound is required. Minors must receive consent from a parent or guardian.
Washington
Washington abortion laws state that abortion is legal prior to fetal viability or if the mother's life or health is at risk after viability. The procedure must be done by a licensed physician in a hospital if surgical. Minors are not required to receive consent or give notice to have the procedure done.
West Virginia
West Virginia introduced a "heartbeat" bill in the state House in February 2019. West Virginia currently has pre-Roe v. Wade, unenforceable abortion laws that state that an abortion that is not a justified medical termination is illegal; however, this law goes against the constitutional right a woman has over her own body. Currently, abortions are illegal after 20 weeks of pregnancy. Patients must receive counseling about the procedure and then wait 24 hours to get the procedure done. Minors must give notice to a parent or guardian 48 hours before the procedure.
Wisconsin
Wisconsin abortion laws state that abortions are legal until 22 weeks of pregnancy. The procedure must be done by a licensed physician in a licensed maternity hospital. Minors must receive the written consent of a parent or legal guardian unless the pregnancy results from rape, incest, or the minor is suicidal. Patients must receive counseling about the procedure and wait 24 hours.
Wyoming
Wyoming abortion laws state that abortions are legal prior to fetal viability. A licensed physician must perform the procedure. Minors must receive parental consent at least 48 hours prior to the procedure. There is no required counseling.
Jim Kolettis
Archpriest Symeon Elias 22 states have laws or
constitutional amendments already in place that make it certain to ban
abortion as quickly as possible. Anti-abortion policymakers in several
of these states have also indicated that they will introduce legislation
modeled after the Texas six-week abortion ban.
Types:
* Pre-Roe ban: Law enacted before 1973 and never removed
* “Trigger” ban: Law designed to be “triggered” and take effect automatically or by quick state action if Roe no longer applies
*
Near-total ban: Law enacted after Roe to prohibit abortion under all or
nearly all circumstances (several of this type are currently blocked by
court order)
* Six-week ban: Law prohibiting abortion after six weeks of pregnancy (one in effect)
* Eight-week ban: Law prohibiting abortion after eight weeks of pregnancy (none in effect)
* State constitution bars protection: Constitution amended to prohibit any protection for abortion rights
Alabama—Pre-Roe ban, Near-total ban, State constitution bars protection
Arizona—Pre-Roe ban
Arkansas—Pre-Roe ban, Trigger ban, Near-total ban
Georgia—Six-week ban
Idaho—Trigger ban, Six-week ban
Iowa—Six-week ban
Kentucky—Trigger ban, Six-week ban
Louisiana—Trigger ban, Near-total ban, Six-week ban, State constitution bars protection
Michigan—Pre-Roe ban
Mississippi—Pre-Roe ban, Trigger ban, Six-week ban
Missouri—Trigger ban, Eight-week ban
North Dakota—Trigger ban, Six-week ban
Ohio—Six-week ban
Oklahoma—Pre-Roe ban, Trigger ban (effective November 1, 2021), Near-total ban
South Carolina—Six-week ban
South Dakota—Trigger ban
Tennessee—Trigger ban, Six-week ban, State constitution bars protection
Texas—Pre-Roe ban, Trigger ban, Six-week ban
Utah—Trigger ban, Near-total ban
West Virginia—Pre-Roe ban, State constitution bars protection
Wisconsin—Pre-Roe ban
Wyoming—Trigger ban
An
additional four states have political composition, history and other
indicators—such as recent actions to limit access to abortion—that show
they will ban abortion as soon as possible without federal protections
in place.
* Florida—In 2021, the state legislature attempted to ban
abortion at 20 weeks of pregnancy and an effort to adopt a Texas-style
six-week ban was publicized. In April 2022, a 15-week abortion ban was
enacted that is scheduled to go into effect in July.
* Indiana—In the
past decade, the legislature has enacted 55 abortion restrictions and
bans, paving the way for a comprehensive ban.
* Montana—For the first
time in nearly a decade, new abortion restrictions were enacted in
2021, including restrictions on medication abortion and abortion at 20
weeks of pregnancy. (These restrictions currently cannot be enforced due
to a court order.)
* Nebraska—Although not one of the most prolific
states on enacting abortion restrictions, it was the first to adopt a
22-week ban (in 2010), and in 2020, enacted a ban on the standard method
for abortion after 15 weeks.
Archpriest Symeon Elias
Jim
Kolettis "Archpriest Symeon Elias 22 states have laws or constitutional
amendments already in place that make it certain to ban abortion as
quickly as possible." That statement is simply untrue. Most of these
states have merely rolled the abortion laws back conforming to the law
of Europe. That's a huge improvement, but let us not be fanciful about
it. The battle has just moved to a new field.
Jim Kolettis
ReplyDeleteArchpriest Symeon Elias 22 states have laws or constitutional amendments already in place that make it certain to ban abortion as quickly as possible. Anti-abortion policymakers in several of these states have also indicated that they will introduce legislation modeled after the Texas six-week abortion ban.
Types:
* Pre-Roe ban: Law enacted before 1973 and never removed
* “Trigger” ban: Law designed to be “triggered” and take effect automatically or by quick state action if Roe no longer applies
* Near-total ban: Law enacted after Roe to prohibit abortion under all or nearly all circumstances (several of this type are currently blocked by court order)
* Six-week ban: Law prohibiting abortion after six weeks of pregnancy (one in effect)
* Eight-week ban: Law prohibiting abortion after eight weeks of pregnancy (none in effect)
* State constitution bars protection: Constitution amended to prohibit any protection for abortion rights
Alabama—Pre-Roe ban, Near-total ban, State constitution bars protection
Arizona—Pre-Roe ban
Arkansas—Pre-Roe ban, Trigger ban, Near-total ban
Georgia—Six-week ban
Idaho—Trigger ban, Six-week ban
Iowa—Six-week ban
Kentucky—Trigger ban, Six-week ban
Louisiana—Trigger ban, Near-total ban, Six-week ban, State constitution bars protection
Michigan—Pre-Roe ban
Mississippi—Pre-Roe ban, Trigger ban, Six-week ban
Missouri—Trigger ban, Eight-week ban
North Dakota—Trigger ban, Six-week ban
Ohio—Six-week ban
Oklahoma—Pre-Roe ban, Trigger ban (effective November 1, 2021), Near-total ban
South Carolina—Six-week ban
South Dakota—Trigger ban
Tennessee—Trigger ban, Six-week ban, State constitution bars protection
Texas—Pre-Roe ban, Trigger ban, Six-week ban
Utah—Trigger ban, Near-total ban
West Virginia—Pre-Roe ban, State constitution bars protection
Wisconsin—Pre-Roe ban
Wyoming—Trigger ban
An additional four states have political composition, history and other indicators—such as recent actions to limit access to abortion—that show they will ban abortion as soon as possible without federal protections in place.
* Florida—In 2021, the state legislature attempted to ban abortion at 20 weeks of pregnancy and an effort to adopt a Texas-style six-week ban was publicized. In April 2022, a 15-week abortion ban was enacted that is scheduled to go into effect in July.
* Indiana—In the past decade, the legislature has enacted 55 abortion restrictions and bans, paving the way for a comprehensive ban.
* Montana—For the first time in nearly a decade, new abortion restrictions were enacted in 2021, including restrictions on medication abortion and abortion at 20 weeks of pregnancy. (These restrictions currently cannot be enforced due to a court order.)
* Nebraska—Although not one of the most prolific states on enacting abortion restrictions, it was the first to adopt a 22-week ban (in 2010), and in 2020, enacted a ban on the standard method for abortion after 15 weeks.
Archpriest Symeon Elias
Jim Kolettis "Archpriest Symeon Elias 22 states have laws or constitutional amendments already in place that make it certain to ban abortion as quickly as possible." That statement is simply untrue. Most of these states have merely rolled the abortion laws back conforming to the law of Europe. That's a huge improvement, but let us not be fanciful about it. The battle has just moved to a new field.