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    26 States Are Certain or Likely to Ban Abortion Without Roe: Here’s Which Ones and Why

    Updated on April 19, 2022: This analysis has been updated to reflect Wyoming’s enactment of a “trigger” ban in March 2022 that moved the state from the category of likely to ban abortion to certain to ban abortion if Roe v. Wade is overturned. Updated information was added on 2022 Florida legislation and mention of North Carolina’s pre-Roe abortion ban. First published on

    OCTOBER 2021 POLICY ANALYSIS

    26 States Are Certain or Likely to Ban Abortion Without Roe: Here’s Which Ones and Why

    Elizabeth Nash,Guttmacher Institute

    Lauren Cross,Guttmacher Institute

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    First published online: October 28, 2021

    Updated on April 19, 2022:

    This analysis has been updated to reflect Wyoming’s enactment of a “trigger” ban in March 2022 that moved the state from the category of likely to ban abortion to certain to ban abortion if Roe v. Wade is overturned. Updated information was added on 2022 Florida legislation and mention of North Carolina’s pre-Roe abortion ban.

    First published on October 28, 2021:

    On December 1, 2021, the U.S. Supreme Court will hear oral arguments in Dobbs v. Jackson Women’s Health Organization, a case on the constitutionality of Mississippi’s 15-week abortion ban that will specifically address whether a state can ban abortion before viability (generally 24–26 weeks of pregnancy). The Supreme Court taking this case at all is a stunning development, but the state of Mississippi has gone even further and asked the Court to outright overturn Roe v. Wade, the 1973 case that affirmed a constitutional right to abortion.

    It is far from a foregone conclusion that the Court will cast aside five decades of precedent to overturn Roe and allow states to ban abortion. However, by even accepting the case, the Court has signaled that it is willing to revisit the legality of abortion. Furthermore, the Court’s September 1 decision to decline to block an unconstitutional six-week abortion ban in Texas (S.B. 8) from going into effect may be an indicator of its intent.

    States Certain to Ban Abortion

    If Roe were overturned or fundamentally weakened, 22 states have laws or constitutional amendments already in place that would make them certain to attempt 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.

    By the time the Supreme Court hears oral arguments in the Mississippi case, there will be nine states in this group with an abortion ban still on the books from before Roe v. Wade, 13 states with a trigger ban tied to Roe being overturned, five states with a near-total abortion ban enacted after Roe, 11 states with a six-week ban that is not in effect and one state (Texas) with a six-week ban that is in effect, one state with an eight-week ban that is not in effect and four states whose constitutions specifically bar a right to abortion. Some states have multiple types of bans in place.

    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 appliesNear-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 rightsAlabama—Pre-Roe ban, Near-total ban, State constitution bars protectionArizona—Pre-Roe banArkansas—Pre-Roe ban, Trigger ban, Near-total banGeorgia—Six-week banIdaho—Trigger ban, Six-week banIowa—Six-week banKentucky—Trigger ban, Six-week banLouisiana—Trigger ban, Near-total ban, Six-week ban, State constitution bars protectionMichigan—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, Six-week 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

    States Likely to Ban Abortion

    An additional four states have political composition, history and other indicators—such as recent actions to limit access to abortion—that show they are likely to 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.

    Source : www.guttmacher.org

    Map: 23 states would ban abortion in a post

    Abortion rights would be up to the states if the Supreme Court overturns Roe v. Wade. Two-dozen states and territories would ban it immediately, and 13 have “trigger laws” waiting for the ruling.

    DATA GRAPHICS

    Map: 23 states would ban abortion in a post-Roe America

    Abortion rights would be up to the states if the Supreme Court overturns Roe v. Wade. Two dozen states and territories would ban it immediately, and 13 have “trigger laws” waiting for the ruling.

    Abortion rights advocates and anti-abortion rights protesters demonstrate in front of the Supreme Court in Washington on Dec. 1.Kent Nishimura / Los Angeles Times via Getty Images file

    May 3, 2022, 2:07 PM UTC

    By Nigel Chiwaya and Chantal Da Silva

    If the Supreme Court rolls back the landmark Roe v. Wade abortion rights ruling, as reported Monday night in a leaked draft opinion, access to abortion would become a state-by-state issue, with some states protecting access and others implementing “trigger laws” that would ban the procedure the moment Roe is struck down.

    The Supreme Court confirmed Tuesday that the leaked draft opinion suggesting that there are enough justices to overturn Roe v. Wade is authentic. Chief Justice John Roberts said he has ordered the marshal of the court to launch an investigation to determine who leaked the document to Politico.

    An NBC News analysis of Center for Reproductive Rights data found that 23 states would institute bans, with trigger laws on the books in 13 of them. A second abortion rights advocacy group, the Guttmacher Institute, counted 26 states it considered certain or likely to ban abortion, ​​based on laws passed before and after Roe in the event it was overturned.

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    Some states, like Michigan and Wisconsin, have anti-abortion laws that predate Roe, while 13 states, including Arkansas, North Dakota and Ohio, have laws that would go into effect soon after Roe is overruled.

    Full coverage of abortion rights and the future of Roe v. Wade

    In Florida, for example, a 15-week abortion ban is set to take effect in July. And in Indiana, the Legislature has enacted dozens of restrictions and bans related to abortion over the past decade.

    States like California, New York, Oregon and Washington have protected abortion rights by codifying them into state law, data from the Center for Reproductive Rights shows. Others, like Iowa, Minnesota and Montana, have recognized the right through court rulings.

    California Gov. Gavin Newsom hinted that his state might further protect abortion rights, writing on Twitter that California would propose an amendment enshrining “the right to choose” in its Constitution.

    “We can’t trust SCOTUS to protect the right to abortion, so we’ll do it ourselves,” Newsom wrote, using the abbreviation for the Supreme Court of the United States.

    Nigel Chiwaya

    Nigel Chiwaya is a senior data editor for NBC News.

    Chantal Da Silva

    Chantal Da Silva is a breaking news editor for NBC News Digital based in London.

    by Taboola SPONSORED STORIES

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    Source : www.nbcnews.com

    13 states have passed so

    Many Americans anxiously anticipating the Supreme Court's decision on Roe v. Wade may have been offered a glimpse of what's to come when Politico revealed a draft Supreme Court opinion Monday night that would upend the landmark abortion rights case.

    13 states have passed so-called 'trigger laws,' bans designed to go into effect if Roe v. Wade is overturned

    By Elizabeth Wolfe, CNN

    Updated 1900 GMT (0300 HKT) May 3, 2022

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    (CNN)Many Americans anxiously anticipating the Supreme Court's decision on Roe v. Wade may have been offered a glimpse of what's to come when Politico revealed a draft Supreme Court opinion Monday night that would upend the landmark abortion rights case.

    Though the unearthing of the draft has no immediate effect on abortion access, the preliminary opinion, which was confirmed to be authentic by the court, would overturn Roe v. Wade if a majority of justices decided to join, leaving state legislators to weigh their own abortion policies.

    More from CNN

    What to know about the stunning disclosure of a draft SCOTUS opinion that could spell the end of national abortion rights

    Scrapping Roe v. Wade would make US an outlier in the West

    13 states have so-called 'trigger laws,' bans designed to go into effect if Roe overturned

    Can red states regulate abortions performed outside their borders? A post-Roe landscape would test just that

    Analysis: Breaking down Alito's draft opinion that would strike down Roe

    The 1973 Roe v. Wade court decision affirmed the right to receive an abortion under the 14th Amendment, ruling that abortions were constitutionally protected up until about 23 weeks when a fetus could be able to live outside the womb.

    Last year, the Supreme Court agreed to hear a challenge to Mississippi's 15-week abortion ban, setting the court up to examine decades of precedent set by Roe. Some state legislatures have enacted policies to increase abortion access, including in California, which passed a law in March to eliminate out-of-pocket costs for abortion services covered by health plans, and in Colorado, where Democratic lawmakers codified the right to receive an abortion in the state.

    But many Republican-led state legislatures have already moved to limit abortion access and others are poised to enforce restrictive laws that have remained unenforced since Roe was passed. In total, an analysis by the Guttmacher Institute finds that 23 states have laws aiming to limit abortion access, including some states that have multiple provisions in place.

    States including Michigan, Wisconsin and West Virginia had abortion restrictions before the Roe ruling that have never been removed. Others have approved near-total bans or laws prohibiting abortion after a certain number of weeks -- but many of them have been blocked by courts, including those in Alabama, Georgia, Iowa, Ohio and South Carolina.

    Legislators in 13 states have passed so-called "trigger laws," which are bans designed to go into effect if Roe is overturned. In some cases, the law requires an official such as an attorney general to certify that Roe has been struck down before the law can take effect.

    Source : edition.cnn.com

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