Friday, August 30, 2019
Aug. 30 2019 (The Cut): What’s Become of All the Extreme Abortion Bans From This Year?, by Amanda Arnold:
This legislative season, a number of states passed extreme abortion restrictions. The Cut's Amanda Arnold provides a rundown on the fate of these laws. Alabama passed a law that prohibits abortion in all cases except where the fetus is not viable or the pregnancy creates a serious danger to a woman's health. Kentucky, Ohio, Mississippi, Louisiana and Georgia passed 6 week bans and Missouri passed an 8 week ban. In addition to banning abortion way before fetal viability, these laws have been criticized for banning abortion before a woman may even be aware she is pregnant.
None of the laws have gone into effect thanks to litigation. TROs or preliminary injunctions have been issued in most states. In Alabama it appears that the state will consent to a TRO pending the outcome of the underlying legal challenge, and a TRO hearing in Georgia is scheduled for late September.
All these laws are clearly unconstitutional so the result is not surprising. However, states are expected to appeal the decisions with the hopes that Trump appointees to federal Courts of Appeal will be willing to ignore Supreme Court precedent.
“Trump has appointed over 100 judges to the federal bench, and we’re seeing circuit courts become more and more anti-abortion,” [Planned Parenthood director of state advocacy media Bonyen Lee-Gilmore] told the Cut. “This is no coincidence. Trump is remaking the judicial branch in order to push these unconstitutional laws forward, and we’re seeing these judges stare Supreme Court precedent in the face and create new rules.”
Even if Appellate Courts uphold lower court decisions blocking these laws from taking effect, it is likely that states will try to get the Supreme Court to hear the cases and reconsider Roe v. Wade.