Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Sunday, June 26, 2022

States Enforce Abortion Ban

From NPR:

Before Dobbs, state laws banning or severely restricting abortion access fell into three broad categories: 1) "trigger bans," which ban abortion under most circumstances and go into effect with the fall of Roe; 2) pre-Roe bans, which are old laws still on the books that could now be enforced; and 3) more recently passed laws that limit abortion to an early gestational age or ban it nearly totally. Some states had passed laws in more than one of these categories.

Thirteen states had trigger bans, laws that were written to take effect either immediately, by state official certification or after a 30-day waiting period, if Roe is overturned. Once they go into effect, these laws supersede other laws the state may have on the books, such as bans after a set number of weeks of pregnancy, said Elizabeth Nash, a state policy analyst with the Guttmacher Institute.

Sixteen states and the District of Columbia currently have laws that protect the right to abortion, mostly before the point of fetal viability, according to the nonpartisan Kaiser Family Foundation.

Read more here.

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