The Supreme Court is likely to clear the way for new anti-abortion laws in just a few months — but red states aren't waiting.
The big picture: Conservative legislatures are passing a raft of controversial new laws, many of which push the envelope further than the courts have ever allowed. But with the court poised to significantly weaken Roe v. Wade, if not overturn it altogether, red states appear confident that these new measures will stand.
State of play: As of May 5, 86 bills to restrict or outright ban the procedure have been introduced in 31 states this year alone, according to Guttmacher Institute data. Eight bans have been enacted in 2022, with two being blocked by lower courts.
Abortion bans that have been enacted
Oklahoma: Gov. Kevin Stitt (R) signed a "Texas-style" bill that bans nearly all abortions starting at fertilization and went into effect immediately. It will be enforced by private civil action for a minimum $10,000 reward.
Kentucky: The U.S. Western Kentucky District Court temporarily blocked a bill banning abortions in Kentucky after 15 weeks of pregnancy. The law also contains other abortion regulations, including forcing patients to report their abortions and file "birth-death" certificates.
South Carolina: A federal appeals court in February temporarily blocked the state's six-week ban while the legal proceedings on its constitutionality continue.
Missouri: Gov. Mike Parson (R) in 2019 signed into law a bill making abortions illegal after eight weeks of pregnancy. Planned Parenthood sued the state over the law, which was temporarily blocked by a district court that year, and a federal appeals court in 2021 upheld the ruling.
https://www.axios.com/2022/04/16/abortion-ban-red-states-tracking-roe-supreme-court
The big picture: Conservative legislatures are passing a raft of controversial new laws, many of which push the envelope further than the courts have ever allowed. But with the court poised to significantly weaken Roe v. Wade, if not overturn it altogether, red states appear confident that these new measures will stand.
State of play: As of May 5, 86 bills to restrict or outright ban the procedure have been introduced in 31 states this year alone, according to Guttmacher Institute data. Eight bans have been enacted in 2022, with two being blocked by lower courts.
- "Out of all the proposed bans, anti-abortion policymakers have been focusing primarily on three types" per Guttmacher. Those are bans on abortion after 15 weeks of pregnancy, "Texas-style" bans at around 6 weeks or less into a pregnancy, enforced via private lawsuits of abortion providers and patients, and "trigger" bans that will go into effect if the Supreme Court were to overturn or weaken Roe.
- Wyoming is the latest state to enact a "trigger" law. There are currently 13 states with such laws.
Abortion bans that have been enacted
Oklahoma: Gov. Kevin Stitt (R) signed a "Texas-style" bill that bans nearly all abortions starting at fertilization and went into effect immediately. It will be enforced by private civil action for a minimum $10,000 reward.
- Stitt also signed into law another "Texas-style" bill that bans abortions after effectively six weeks of pregnancy, also enforced via private lawsuits. The law is already in effect.
- Earlier in the spring, the governor also signed a bill making it a felony to provide an abortion, punishable by up to 10 years in prison and a fine up to $100,000. It has no rape or incest exceptions. The law is set to go into effect in November.
- The law is set to take effect on July 1.
- The law will go into effect in late June.
- No court, including the U.S. Supreme Court, has blocked the law.
- The law states that it will go into effect if Mississippi's 15-week ban, which is being evaluated by the Supreme Court and is currently blocked, takes effect.
Kentucky: The U.S. Western Kentucky District Court temporarily blocked a bill banning abortions in Kentucky after 15 weeks of pregnancy. The law also contains other abortion regulations, including forcing patients to report their abortions and file "birth-death" certificates.
- The law went in effect after the state legislature overrode a veto from Democratic Gov. Andy Beshear.
- Back in 2019, a federal court temporarily blocked a six-week ban shortly after it was signed into law by then-Gov. Matt Bevin (R), and the case remains open.
- Gov. Brad Little (R) had signed it into law in March, making it at the time the first state to enact a law modeled after Texas' ban.
South Carolina: A federal appeals court in February temporarily blocked the state's six-week ban while the legal proceedings on its constitutionality continue.
- Gov. Henry McMaster signed the bill into law in February 2021. The same day it was enacted, Planned Parenthood and the Center for Reproductive Rights filed a lawsuit challenging the legislation.
Missouri: Gov. Mike Parson (R) in 2019 signed into law a bill making abortions illegal after eight weeks of pregnancy. Planned Parenthood sued the state over the law, which was temporarily blocked by a district court that year, and a federal appeals court in 2021 upheld the ruling.
https://www.axios.com/2022/04/16/abortion-ban-red-states-tracking-roe-supreme-court