Where are the abortion ‘trigger laws’ after the Supreme Court overturned Roe v. Wade

So-called trigger laws (bans designed to go into effect with the overturning of Roe v. Wade) are enforceable in some states following the Supreme Court ruling, while in others, the bans await official action.

Restrictive abortion laws are in place in at least six states after the court made its ruling: Arkansas, Kentucky, Missouri, Oklahoma, South Dakota Y Wisconsin.

In Wisconsin, the Republican-controlled state legislature refused last Wednesday 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 superior court overruled Roe.

And in Mississippi, the trigger law was certified Monday by 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 that the Supreme Court ruled on last week.

Pending state or court 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 week’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.

in legal limbo

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 Utah, Third District Judge Andrew Stone 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.

Pauses on other restrictive abortion bans dissolved

In addition to the so-called trigger laws going into effect, several states have overturned court orders blocking the enforcement of restrictive abortion laws in light of the high court’s ruling.

A federal judge in Alabama granted an emergency motion Friday 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 Friday that the injunction blocking his state’s abortion ban had been dissolved, saying in a tweet, “The Heartbeat Bill is now the law.”

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.

CNN’s Tierney Sneed, Kelly McCleary, Holly Yan, Andy Rose, Virginia Langmaid, Jamiel Lynch and Artemis Moshtaghian contributed to this report.


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