Devan Cole and Tierney Sneed
The majority decision of the US Supreme Court overturning Roe v. Wade has prompted states to implement their own abortion policies. The ruling has already resulted in a patchwork system in the US, as anticipated, in which access to the procedure is, for many people, largely determined by whether a state is controlled by Republicans or Democrats.
So-called trigger laws — the bans designed to take effect with the repeal of Roe v. Wade — are enforceable in some states following the US Supreme Court ruling, while in others, the bans await official action.
This is where abortion “activation laws” and other restrictive laws are found in various states:
ENTERED INTO FORCE OR SOON
Restrictive abortion laws are in place in at least four states after the court made its ruling: Arkansas, Missouri, South Dakota Y Wisconsin.
In WisconsinThe Republican-controlled state legislature refused June 22 to repeal an 1849 state law banning abortion during a special session called by Democratic Gov. Tony Evers, allowing it to take effect again after the high court nullify Roe.
And in Mississippi, the trigger law was certified Monday by Republican Attorney General Lynn Fitch, according to a statement from her office. Mississippi law states that within 10 days after the state attorney general confirms that Roe has been overturned, abortions are prohibited in the state. Limited exceptions are provided in cases of rape or when the procedure would preserve the life of the pregnant person. The state passed a separate 15-week abortion ban in 2018, which was the law at the center of the case the Supreme Court ruled on last month.
PENDING STATE ACTION
In Wyomingthe state’s “activation law” takes effect five days after the governor certifies the Supreme Court’s decision.
In North DakotaA 2007 abortion ban takes effect 30 days after the state attorney general signs the law before the Legislative Council, a nonpartisan arm of the state legislature.
Idaho, Tennessee Y Texas they have laws that take effect 30 days after the Supreme Court issues a separate ruling from last month’s ruling. The Texas and Idaho attorneys general say it could take an additional 30 days for the ruling to be issued and the laws to take effect.
Texas also has a separate abortion ban dating back to 1925, which the state’s Republican attorney general has tried to enforce since the US Supreme Court decision.
LEGAL FIGHTS ONGOING
In more than a dozen states, legal fights are taking place over abortion bans and limits.
Oklahoma is one of the latest states to face new legal action challenging its abortion bans, with provider groups asking the state Supreme Court on Friday to block a criminal abortion law enacted this year, as well as an earlier abortion ban. to Roe which is over a century old. ancient.
In Louisiana, a state district judge on Monday blocked the state from “enforcing or implementing” an abortion ban that took effect immediately after the Supreme Court ruling. The law was challenged by the Center for Reproductive Rights and Boies Schiller Flexner LLP on behalf of Hope Medical Group for Women and Medical Students for Choice, which argued that the ban is unconstitutionally vague.
In UtahThird District Judge Andrew Stone on Monday granted a request by Planned Parenthood of Utah to issue a temporary restraining order blocking enforcement of the state’s activation law. This allows abortions to continue for 14 days.
In Kentuckya state court granted a restraining order request filed by the American Civil Liberties Union, its Kentucky chapter, and Planned Parenthood Great Northwest to block two laws approved in 2019 that would stop abortion services in the state. The laws blocked include a total abortion ban and a six-week ban.
The plaintiffs argued that the two state laws violate the rights to “privacy, bodily autonomy, and self-determination” in the Kentucky Constitution. A hearing for a temporary injunction to block the laws during the litigation is scheduled for July 6, according to the ACLU, which brought the case on behalf of abortion providers.
In Floridaa state circuit court judge ruled that a new law ban abortions at 15 weeks it is unconstitutional.
In an oral ruling Thursday, Second Judicial Circuit Court Judge John Cooper said he would issue a temporary statewide injunction that will take effect once he signs the written order in the challenge filed by some service providers. of Florida abortion. A spokeswoman for Republican Governor Ron DeSantis told CNN that the state intends to appeal the ruling.
PAUSES ON OTHER DISSOLVED RESTRICTIVE ABORTION BANS
In addition to the so-called trigger laws taking effect, several states have struck down court orders blocking the enforcement of restrictive abortion laws in the days following the high court’s ruling.
In TexasThe state Supreme Court on Friday partially granted Republican Attorney General Ken Paxton’s request to stay a lower court’s order, which temporarily blocked the state’s nearly century-old abortion ban. The order allows for civil enforcement of the ban, court documents show.
But the Center for Reproductive Rights interpreted the suspension to mean that the law cannot be applied criminally. CNN reached out to Paxton to ask if he’s okay with the criminal proceedings remaining on hold, but did not receive a response.
On Tuesday, a Texas state court issued a temporary restraining order against the pre-Roe law, that had allowed some Texas clinics to resume abortion procedures until about six weeks into the pregnancy.
A federal judge in Alabama granted an emergency motion June 24 to end an injunction against Alabama’s “Protection of Human Life Act” after the Supreme Court issued its opinion. The motion was brought by Alabama Attorney General Steve Marshall, who argued that the injunction the court had issued against enforcing the law because it “contravenes clear Supreme Court precedent” was no longer in effect with the overturning. of Roe by the superior court.
Ohio Attorney General David Yost announced on June 24 that the court order blocking his state’s abortion ban had been dissolved, saying in a tweet, “The Heartbeat Bill is now the law.”
The Ohio Supreme Court on Friday rejected an emergency request by abortion providers in the state that the court suspend the state’s ban on abortions after fetal heart activity is detected, usually around six weeks of pregnancy. .
Providers argued that the law, which was passed in 2019 but only took effect after the US Supreme Court ended federal protections for abortion rights, violates the Ohio Constitution. The denial means the state’s six-week abortion ban can continue to apply while the case plays out.
A federal judge in South Carolina on Monday lifted a stay the court had placed on the state’s abortion ban after about six weeks, allowing South Carolina to enforce its so-called heartbeat law. Attorney General Alan Wilson Announced shortly after the law was already in force.