Abortion law

2022 - 5 - 4

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Texas abortion law: Here's how the repeal of Roe v. Wade would ... (Texas Tribune)

A trigger law making abortion illegal would go into effect within 30 days after the repeal of Roe v. Wade. An older law could hold people who get abortions ...

In a 1972 case, the Supreme Court extended that right to unmarried couples. Before 1973, it was a crime in Texas to perform an abortion or “furnish the means for procuring an abortion” except to save the life of the pregnant person, punishable by two to five years in prison. “When a court declares a statute unconstitutional, it does not automatically delete the law from the books,” he said. “A court will very quickly determine the answer … and then there will be clarity about whether those old statutes are, in fact, effective,” she said. In 2021, the Republican-controlled Legislature passed a “trigger law” that would ban abortions if Roe v. These statutes were the ones lawyers challenged in the case that would go on to become Roe v. Doctors could face life in prison and fines of up to $100,000 if they violated the law. The ban on almost all abortions would go into effect 30 days after such a decision. The law empowers private citizens to sue anyone who “aids or abets” in a prohibited abortion. Recent legal challenges have focused on how the new law violates other constitutional rights, like the right to due process and the right to free speech, among others. The high court is deliberating on a Mississippi case that could overturn Roe v. He countersued, arguing that the law is unconstitutional under Roe v.

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Image courtesy of "WTOP"

Where DC, Maryland and Virginia abortion laws stand amid Roe v ... (WTOP)

Local and state abortion laws have come back into focus after a leaked draft opinion from the Supreme Court suggested it could overturn Roe v.

Anti-abortion supporters have been critical of the law allowing third-trimester abortions and Gov. Ralph Northam’s comments to WTOP on the matter in 2019. It was an amendment to the D.C. Human Rights Act of 1977. However, public employees cannot have abortions covered by their insurance plans except in cases of rape, incest, fetal impairment or life endangerment. Currently, 23 states have either laws limiting abortion that predate the original Roe v. Until the District gets statehood, we cannot make that decision for ourselves.” Local abortion laws have come back into focus after a leaked draft opinion from the Supreme Court suggested it could overturn Roe v.

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A guide to Maine's abortion laws (Bangor Daily News)

Maine has a liberal set of abortion laws that would survive if Roe v. Wade was overturned unless there is a major political shift here.

There are exceptions if the mother’s life is in danger. A parent or guardian’s consent is not required if the latter two options are pursued. The Maine Republican party has adopted a formal policy plank outlining their anti-abortion stance. The law changed after a court case challenging a Department of Health and Human Services rule forbidding public coverage of the practice. The Legislature has been pro-abortion rights under Gov. Janet Mills, according to legislative scorecards compiled by the campaign arm of Planned Parenthood, a pro-abortion rights organization. Abortions are allowed in Maine up to the point of viability of the fetus, which is defined in state law as when a child could survive outside the womb on its own or with life support.

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Amid Roe v. Wade controversy, Georgia's 'fetal heartbeat' abortion ... (WJXT News4JAX)

If the Supreme Court overturns Roe v. Wade, a controversial abortion restriction signed into law by Georgia Gov. Brian Kemp but later blocked by a federal ...

The law, which bans abortions once a “fetal heartbeat” is detected, is effectively in limbo, as an appeals court has declined to rule on it until the Supreme Court makes a decision on another case that could result in Roe v. She said she had an abortion in her 20s when she was already a mother to a few children. A January poll from the Atlanta Journal Constitution found about 68% of Georgia voters oppose overturning Roe v. The bill was signed into law in 2019 and blocked by a federal court in 2020. She said a family member pressured her to get an abortion. Wade means a 15-week abortion ban signed into law by the governor would no longer be considered unconstitutional.

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The Fight Over Abortion History (The New York Times)

In its 1973 decision in Roe v. Wade, the Supreme Court found a constitutional right to abortion, grounded in what it described as a “right to privacy” provided ...

But he said that history had always been crucial to the abortion debate, since analysis of history was “at the core of Roe.” People on both sides of the issue, she said, were driven by a mix of motives. But he dismisses the claim, saying it is based on only a handful of supporters of abortion bans. Instead, Justice Alito notes arguments that proponents of abortion rights were the ones with racist motives. “This is a question that our own women must answer; upon their loins depends the future destiny of the nation.” Would the frontier “be filled by our own children or by those of aliens?” he asked. And some members expressed concern that middle-class “Anglo-Saxon” women were not having as many children as Catholic immigrants and people of color. The 98-page draft, written by Justice Samuel A. Alito Jr., asserts that “an unbroken tradition of prohibiting abortion on pain of criminal punishment persisted from the earliest days of the common law until 1973.” “That is because common law did not even acknowledge a fetus as existing separately from a pregnant woman” before quickening, the historians argue. But the opinion, she and others argue, underplays the fact that for most of the first 100 years of American history, early abortions — before fetal “quickening” (generally defined as the moment when the fetus’s movements can be detected) — were not illegal. Justice Alito begins his historical argument by saying that the right to abortion is a recent invention. And regulation relied on women’s own experience, since they were the ones who would know when “quickening” occurred.

For purple states like Pennsylvania, abortion laws may depend on ... (NPR)

If the U.S. Supreme Court overturns Roe v. Wade, the right to an abortion in purple states, like Pennsylvania, might largely depend on which party can keep ...

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Image courtesy of "The Washington Post"

Md. expanded abortion access. But Hogan won't pay to train providers. (The Washington Post)

With abortion protections under threat, Maryland lawmakers put millions toward training new abortion providers so the liberal state could be a sanctuary for ...

If the Supreme Court overturns the 1973 precedent, the legality of abortion will be left to individual states. Wade, according to a leaked draft of the opinion published by Politico and confirmed by Chief Justice Roberts. Hogan could largely dodge abortion questions during his tenure but was forced to take a stance this spring. Since most abortion training takes place in clinical settings, if those states ban abortion, medical training to perform abortions could be severely curtailed, Kelly said. He’s barred from spending that money on anything besides abortion training, but he can use his discretion on whether to spend it at all. He has been silent this week after a leaked draft opinion signaled the possibility that the Supreme Court would overturn the Roe v. And now we’re seeing elections have consequences,” said Del. Ariana B. Kelly (D-Montgomery), the lead sponsor of Maryland’s abortion access law. Hogan has promised not to try to change Maryland’s long-standing abortion laws, enacted after a public referendum in the early 1990s. Abortion advocates are bracing for an influx of patients. Wade threatened: A majority of the Supreme Court is prepared to overturn the right to abortion established nearly 50 years ago in Roe v. Abortion immediately became a focus of the governor’s race this week, with the crowded Democratic field united in promises to protect access to abortion and top Republican contenders divided on their approach. The money is part of the state’s biggest expansion of abortion access in three decades.

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Image courtesy of "Livescience.com"

Roe v. Wade FAQ: What if abortion rights law gets overturned? (Livescience.com)

Here are answers to questions about what could happen if the landmark ruling is overturned.

Wade is overturned, the average distance that a person seeking an abortion would need to travel to reach a clinic would increase from about 35 miles to 279 miles (56 to 449 kilometers), the Times reported. Pregnant people in states with such restrictions have, in the past, traveled to a permissive state and received the pills by mail there, instead, according to the Times. By one estimate, legal abortions in the country would decline by 14%, according to the Times. That's based on research of the effects of abortion clinic closures, which make it more difficult for patients to receive in-clinic abortions. In one study known as the Turnaway Study, researchers at the University of California, San Francisco, analyzed information from 1,000 U.S. women who sought abortions and either received an abortion or were denied an abortion because they were beyond their states' gestational limit. Currently, yes, people can cross state lines to access abortion care in a state that allows it, provided they have the time and resources to do so. According to the Guttmacher Institute, 26 states are certain or likely to ban abortion in the event that Roe v. As of 2021, the agency has allowed people to receive these medications by mail, rather than needing to get them in person from a health provider at a specialized clinic, The New York Times reported. These include 22 states that already have laws in place that make it near-certain that they will ban abortion, including trigger laws, pre-Roe bans on abortion, laws that ban abortion after six weeks (before many people know they are pregnant) and constitutional amendments that prohibit abortion rights. Providers can prescribe the pills and mail them after a telemedicine appointment with the patient. Missouri lawmakers recently proposed legislation that would allow private citizens to sue anyone who helps a state resident have an abortion, whether or not that individual resides in Missouri, Politico reported. If the final opinion mirrors the draft, it would drastically change abortion rights in America. Wade. These include 13 states with "trigger laws" that would immediately make abortion illegal if Roe v.

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Here's What Pa. Governor Candidates Would Do About State's ... (NBC 10 Philadelphia)

Pennsylvania's current law on abortion allows for the termination of a pregnancy up to 24 weeks. Nine Republican candidates running for governor and the one ...

I’ll be a pro-life governor," McSwain said in an interview with NBC10. "I will sign legislation to protect the most vulnerable among us: the unborn. "Every day I see the grace of God through the eyes of my son, Brian. Brian may have great special needs, but he has never had a bad day," White said in a statement May 3. ... I would make exceptions for rape, incest and to protect the life of the mother." "Every other Republican candidate for Governor will tell you just about the same thing," Hart said in a statement May 3. The businessman and former Delaware County councilman hailed the draft ruling by five members of the U.S. Supreme Court that would overturn Roe v. But he said at a recent gubernatorial debate that he would support exceptions to an abortion ban. "If this turns out to be accurate, it will be a long-awaited victory for unborn children. I will veto it and protect a woman’s right to choose here in Pennsylvania." "But with the construct of the Legislature today, run by Republicans who want to ban abortion, the most important thing I can do – God willing as Pennsylvania’s next governor – is just defend the right that exists today.” We asked how the candidate feels about abortion, whether the candidate would support a ban, and if not, what exceptions would they support. If Pennsylvania voters elect a Democrat to succeed Wolf, a Democrat, proposed abortion legislation by the Republican-controlled Legislature will be vetoed. For a fuller picture on where each of the gubernatorial candidates stand on abortion, NBC10 sent questions to them.

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Image courtesy of "Tampa Bay Times"

What you need to know about the future of abortion in Florida (Tampa Bay Times)

Most abortions will only be legal if performed in the first 15 weeks of a pregnancy. The new law includes exceptions for people whose health is threatened by ...

Most abortions will only be legal if performed in the first 15 weeks of a pregnancy. Those must all be carried to term after 15 weeks under the new law. In Florida, only licensed physicians can prescribe the two-part treatment, and the first pill has to be taken in a clinic or hospital. Yes. The new law does permit abortions after 15 weeks if carrying the pregnancy to term would put the pregnant person’s life at risk or cause irreversible physical impairment. The second medication can be taken at home. They also could decide to wait until the 2023 legislative session. However, as of June 2020, Florida minors are required to have consent from a parent or guardian before terminating a pregnancy. Beginning July 1, Florida will have the state’s strictest ban on abortions in the post Roe v. The new law includes exceptions for people whose health is threatened by the pregnancy or if their baby has a “fatal fetal abnormality.” Florida’s law was based on the Mississippi law that is the subject of the leaked U.S. Supreme Court draft decision published by Politico. However, state law allows third-trimester abortions in cases in which the pregnant person’s life could be at risk, or in which the pregnant person risks “irreversible physical impairment of a major bodily function.” Florida law allows abortion until the third trimester — about 24 weeks of pregnancy. But Florida’s own abortion laws will soon change, regardless of what the nation’s highest court does.

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Women Flock to Abortion Clinic on Texas Border (The New York Times)

In the Rio Grande Valley, women seeking abortions navigate the complex challenges of religion, culture and a new Texas law.

The woman nodded, signaling she understood before signing a form stating that she had walked into the clinic of her “own free will.” But she could not shake her nervousness. “After that, between an hour to two hours, you are going to start expelling the pregnancy out.” she went on. Many of the region’s churches and centers open their doors to women who may be considering an abortion and offer counseling and support for those who have terminated their pregnancies. Since passage of the abortion law in September, the number of people seeking consultation at the clinic — on an average day, about 20 to 40 — has not shrunk, Dr. Cushing said. Dr. Cushing said the materials she was required to discuss with her patients were intended “to try to mislead and scare women.” The woman has a 1-year-old and 5-year-old, works at a low-wage job during the day and attends classes online. Another health worker, who began working at the clinic three months ago, said she sometimes shared with her patients that she had an abortion at the age of 18 when she was 10 weeks pregnant. She said she had initially worried about the Texas law that took effect Sept. 1 — a model now being adopted in other conservative states — that deputizes civilians to file lawsuits against any doctor who performs an abortion after fetal cardiac activity, about six weeks of pregnancy. “I didn’t want to be arrested too,” she said. In the waiting room, where most of the women avoided looking at one another, she fretted. “You know, in our culture, being Mexican, it is not really supported,” the woman said. The reminder that some early-term abortions remain legal in Texas comes as the state’s remaining clinics navigate a recent law that threatens punitive lawsuits for anyone aiding abortions beyond about six weeks of pregnancy.

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Gov. Holcomb not ruling out special session on abortion law (Fox 59)

Gov. Eric Holcomb says a special session to focus on new abortion legislation is "on the table" if the U.S. Supreme Court overturns Roe v. Wade.

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A challenge to Colorado's abortion law could come from a Weld ... (Colorado Public Radio)

A Weld County Commissioner Lori Saine is preparing to introduce the 'human life sanctuary' measure. It's the latest challenge to a new abortion law passed ...

You want to know what is really going on these days, especially in Colorado. We can help you keep up. Abortion rights supporters, including many Democratic lawmakers, have vowed to protect access in Colorado even if the Roe ruling falls. And state health insurance can not pay for abortions unless the woman’s life is at risk. Saine said the new resolution carries more weight. “We need to put a countywide setback on murdering children in place. Saine has long been a supporter of pro-life initiatives across the state.

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Abortion access in the Pacific Northwest won't change, unless state ... (Jefferson Public Radio)

Oregon and Washington are known for liberal and robust legal frameworks protecting the right to abortion with few restrictions, but advocates on both sides ...

“That’s the proper place for us to be discussing and making decisions about these laws.” In 2014, 63 percent of Oregon adults said they thought abortion should be legal in all or most cases, according to polling done by the Pew Research Center, a nonpartisan think tank. The increase for Washington could be 100%. A new unrestricted fund for reproductive health equity in Oregon sets aside $15 million to cover costs for abortion providers and patients without insurance coverage or traveling from out of state. “The same people who are worried about losing access to something, have no idea that it’s something that I’ve never had access to,” Broduer said into a megaphone. A significant minority in both states still believe that abortion is wrong and should be entirely prohibited. “And so we have deserts of access in the state of Oregon, because there often are monopolies [where a] religiously affiliated hospital owns all of the other smaller clinics in town,” Allen said. Both states are already destinations for people from more restrictive states who have access to all the resources needed to travel to receive abortion care. In the same poll, 60% of Washingtonians surveyed said abolition should be legal in all or most cases. Oregon state law, updated in 2017, allows for late-term abortion, requires private medical insurance and state Medicaid to cover abortion, and codifies the right to gender-affirming care, among other protections. Access to reproductive care in Washington is similarly broad and guaranteed by law. “But that becomes largely unnecessary if the state legislative commitments continue to remain on the books.” But in the Pacific Northwest, the decision, even if it becomes law, will make little difference to abortion access.

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Gov. Holcomb not ruling out special session on abortion law (MyWabashValley.com)

INDIANAPOLIS – Gov. Eric Holcomb says a special session to focus on new abortion legislation is “on the table” if the U.S. Supreme Court overturns Roe v.

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EXPLAINER: How could 1849 Wis. abortion law face challenge? (WSAW)

Wisconsin conservatives and liberals could find themselves in a complicated legal thicket if the U.S. Supreme Court undoes its landmark Roe v.

A decision upholding the ban could affect majority control of the court next year though. Eighty-two-year-old conservative Justice Patience Roggensack isn't seeking reelection next April, and a ruling upholding or expanding the abortion ban could energize Democrats to elect a liberal justice. Dane County District Attorney Ismael Ozanne didn’t immediately respond to an email asking if he would enforce the ban. Kaul already has said he won't allow the state Justice Department to investigate or help local prosecutors with abortion cases. The language allows a woman to legally destroy her own fetus or embryo and grants immunity if an abortion is needed to save a woman's life and is performed at a hospital. Republicans already control the Legislature, but if they win veto-proof majorities or capture the governor's office, they would have a clear path to rewrite the laws to their liking. The 1985 law also includes an exception to save a woman's life, but it appears to conflict with the 1849 ban since it allows abortions before the point of viability. “We certainly do not think the abortion ban should spring back to life.” Democrats likely would mount a counter argument that the ban is unenforceable because it's been dormant for so long. Kaul stopped short of saying whether the Department of Justice would challenge the ban, saying agency attorneys are examining all options. Democratic Attorney General Josh Kaul has cited that doctrine as a way to challenge the ban, which is now more than 170 years old and hasn't been enforced in almost 50 years. If Democratic Gov. Tony Evers wins a second term and Republicans can't achieve veto-proof majorities, nothing would happen to the laws.

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