Associated Press Posted Saturday, June 25, 2022, 1:43 PM EDT Last Updated, Saturday, June 25, 2022, 11:28 PM EDT
The U.S. Supreme Court on Friday overturned Rowe v. Wade, a 1973 ruling granting a constitutional right to abortion. The decision is expected to lead to abortion bans in approximately half of the states, although the timing of the entry into force of these laws varies.
Some Republican-led states will ban or severely restrict abortion immediately, while other restrictions will take effect later. At least one state, Texas, is waiting for the Supreme Court to issue a formal ruling on the case, which is separate from Friday’s ruling and could take about a month.
Pending the decision, several Democrat-led states have taken steps to protect access to abortion. The decision also creates the potential for legal battles between countries over whether providers and those who help women have abortions can be prosecuted or prosecuted.
Here is an overview of abortion legislation and the expected impact of a court decision in each country.
ALABAMA
Political Control: Alabama has a Republican-controlled legislature and a Republican governor who wants to ban or restrict access to abortion.
Background: In 2019, Alabama lawmakers approved the then strictest ban on abortion in the country, which made it a crime to perform abortion at any stage of pregnancy, without exception for pregnancies resulting from rape or incest. The only exception is when a woman’s health is at serious risk. A federal judge issued an order, following Roe’s precedent against Wade, blocking the state from enforcing the law. In 2018, voters agreed to amend the Alabama Constitution to say that the state recognizes “the rights of unborn children” and “does not protect the right to abortion or require funding for abortion.” A 1951 law makes it a crime punishable by up to 12 months in prison to induce abortion, unless it is done to preserve the life or health of the mother.
Effect of the Supreme Court ruling: Abortions became almost completely illegal in Alabama on Friday. The state ban on abortion from 2019 came into force, which makes it a crime to perform abortion at any stage of pregnancy, without exception for pregnancies caused by rape or incest. All three clinics stopped providing abortions on Friday morning for fear of prosecution under state law in 1951. U.S. District Judge Myron Thompson hours later granted Alabama’s request to overturn the order and allow the state to impose a 2019 abortion ban. Alabama Attorney General Steve Marshall said it is now a crime to have an abortion in Alabama beyond the one exception allowed in the 2019 law, which is in the name of maternal health. Doctors who break the law can face up to 99 years in prison. Marshall said the state would also take steps to remove other bans that blocked previous restrictions on abortion, including requiring abortion doctors to have privileges of hospital admission.
What follows: Some Republican lawmakers have said they would like the state to replace the 2019 ban with a slightly less stringent bill that allows exceptions in cases of rape or incest. Supporters said the 2019 ban was deliberately strict in hopes of provoking Rowe’s lawsuit.
Alaska
Political Control: Republicans currently hold a majority of seats in the state legislature, but the House is controlled by a bipartisan coalition made up mostly of Democrats. Fifty-nine of the 60 seats in the legislature are for elections this year. Gov. Mike Dunleyvy, a Republican who believes life begins with conception, is seeking re-election.
Background: The Alaska Supreme Court interprets the right to privacy in the state constitution as including abortion rights.
Effect of the Supreme Court decision: The decision of the US Supreme Court is not expected to affect Alaska’s abortion rights immediately, given the existing precedent in the state.
What’s next: voters in the fall will be asked if they want to hold a constitutional convention, a question that arises every 10 years. Many Conservatives, who want to reconsider the way judges are elected and remove the interpretation that the constitution’s right to privacy clause allows for abortion rights, see the possibility of pushing for a convention. Recent attempts to push for a constitutional amendment through the legislature have failed.
ARIZONA
Political control: Both houses of law are controlled by Republicans, who regularly pass restrictions on abortion, which for the past eight sessions have been quickly signed by Republican Gov. Doug Ducey, who opposes abortion.
Background: Arizona law allows abortion for about 22 weeks, but the legislature passed a 15-week abortion ban in March, reflecting the Mississippi law, which was challenged before the U.S. Supreme Court. It will take effect 90 days after the postponement of parliament, which it did on Saturday. Current restrictions include bans on abortion due to gender and a law from 2021 that makes it a crime for a doctor to terminate a pregnancy because the child has a surviving genetic abnormality. Arizona also has a pre-state law that will still ban all abortions, although it has not been implemented since Rowe was decided.
Effect of the Supreme Court ruling: Ducey claimed in media interviews that the law he signed in late March took precedence over the total ban that remains in the books. But the law he signed explicitly says it does not repeal a total ban on abortion that has been in place for more than 100 years. Ducey has a limited term and leaves office in January. Statewide abortion providers have suspended all proceedings after a court ruled on Friday over fears that the ban before Roe could put doctors, nurses and other providers at risk of prosecution.
What’s next: Abortion advocates in Arizona have launched a long-term offer to enshrine the right to abortion in the state constitution. In the weeks leading up to the expiration of a draft U.S. Supreme Court ruling showing Roe could be overturned, supporters must collect more than 356,000 signatures by July 7 to receive the initiative to vote in November. Then voters will be able to make a decision.
ARKANSAS
Political Control: Arkansas legislature is controlled by Republicans, who have supported dozens of abortion bans and restrictions in recent years. Republican Gov. Asa Hutchinson also backed abortion bans with some exceptions. He has a limited term and leaves office in January. Republican-nominated Sarah Sanders, a spokeswoman for former President Donald Trump, is widely preferred in the November election to succeed him.
Background: Arkansas already had a law banning most abortions 20 weeks after a woman’s pregnancy, with the exception of rape, incest, and the mother’s life. The state has several other bans that have been lifted or blocked by courts in recent years, including a total ban on abortion passed last year, which does not include exceptions to rape or incest. This ban was blocked by a federal judge and the state appealed.
Effect of the Supreme Court ruling: Arkansas has a law passed in 2019 that bans almost all abortions now that Roe has been repealed. This ban, along with the outright ban, which was blocked by a federal judge, allows only exceptions to protect the mother’s life in emergency medical care. Hutchinson said he believed the bans should include exceptions to rape and incest, but he did not call on the legislature to add them to any of the bans.
What follows: Hours after Friday’s decision, Attorney General Leslie Rutledge signed a certificate that Roe had been overturned. This certification allows the state to take effect immediately. The only exception to this ban is to protect the mother’s life in emergency medical care. The legislature is not scheduled to meet until January, but Hutchinson is considering convening a special session to consider proposals for tax breaks. The Republican governor said Friday that he has no plans to ask lawmakers to consider adding exceptions for rape and incest to the state ban.
CALIFORNIA
Political control: Democrats who support access to abortion control all elected positions across the country and have a large majority in the state legislature.
Background: California banned abortions in 1850, except when the mother’s life was in danger. The law was amended in 1967 to include abortion in cases of rape, incest, or if a woman’s mental health was at risk. In 1969, the California Supreme Court declared the state’s original abortion law unconstitutional, but upheld the 1967 law. In 1972, voters in California added a “right to privacy” to the state constitution. Since then, the U.S. Supreme Court has interpreted this “right to privacy” as a right of access to abortion, allowing minors to have abortions without parental permission, and using public funding for abortions under the state Medicaid program. California now requires private health insurance plans to cover abortions and does not allow them to charge things like surcharges or deductions for the procedure.
Effect of the Supreme Court ruling: Abortion will remain legal in California until the fetus survives. Democratic Gov. Gavin Newsom has vowed to turn California into a haven for women living in other states where abortion is banned or severely restricted. The number of women traveling to the country for abortions is expected to increase significantly.
What’s next: The state legislature is considering 13 bills that will strengthen or expand access to abortion. IN…
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