Is the era of federally protected abortions coming to a close? The Supreme Court is expected to rule on Dobbs v. Jackson Women’s Health Organization sometime this spring or summer, and with a 6-3 conservative majority, many on both sides of the issue see the end of Roe v. Wade coming soon. While Americans wait to hear from on high, states have rushed to pass restrictions of their own.
This new swath of pro-life legislation comes in the wake of Texas' Heartbeat Act which prohibits abortion after the detection of a fetal heartbeat – in practice, about six weeks – and allows private citizens to sue for damages anyone who "aids and abets" an illegal abortion. This new law has so far fought off legal challenges successfully. Despite vehement opposition from groups like Planned Parenthood and the ACLU, Texas has forged ahead, creating a pathway that other states are beginning to emulate.
Arizona
Governor Doug Ducey signed into law Wednesday, March 30, legislation banning abortions after 15 weeks, outside of medical emergencies. “In Arizona, we know there is immeasurable value in every life – including preborn life,” the governor said. “I believe it is each state’s responsibility to protect them.”
Doctors who violate this law could be charged with a Class 6 felony and have their licenses suspended if convicted, but a woman terminating her pregnancy faces no legal ramifications. There is no exception for rape or incest.
The Arizona Senate passed the bill 16-13 in February, and the House cleared it 31-26. There is another law already on the books from a century ago that is currently unenforceable thanks to the Supreme Court’s previous rulings, and it’s likely that total ban will once again rule the Grand Canyon State should today’s court decide abortion should be regulated at the state level.
Kentucky
Kentucky’s governor, Democrat Andy Beshear, hasn’t put pen to paper yet on the state legislature’s most recent effort, but whether he does or not, the Bluegrass State will almost certainly join the list soon. Passing 29-0 through the Kentucky Senate and 74-19 through the House, the bill is veto-proof, so long as the lawmakers are willing to repeat those vote counts to override the executive.
The new law would ban abortions after 15 weeks, mandate in-person medical examinations rather than allowing telehealth appointments, and require any fetal remains to be cremated or interred. The votes were held to the fanfare of screaming protests by abortion activists and, in the Senate’s case, a Democrat walkout.
Florida
Unlike Beshear, Florida’s Ron DeSantis stands ready to sign a bill into law that bans abortions after 15 weeks, allowing exceptions only if there is “serious risk” to the pregnant person or an abnormality that would kill the unborn anyway.
The bill cleared the Senate 23-15 and the House by 78-39. Democrats tried to include over a dozen amendments, including one to provide an exception for rape and incest, but all failed. DeSantis said he’ll sign the bill “in short order.” If anything, he seems to think it doesn’t go far enough. “These are protections for babies that have heartbeats, that can feel pain, and this is very, very late,” he explained.
Idaho
Idaho Governor Brad Little (R) recently signed the state’s new abortion law, and Planned Parenthood has sued to prevent enforcement. Modeled after the Texas bill, this prohibits abortions after six weeks and allows those who violate the law to be sued. Unlike in the Lone Star State, however, only family members are allowed to bring suit.
The Fetal Heartbeat, Preborn Child Protection Act passed the Senate 28-6 and the House 51-14. With 82% support in the Senate and 78% in the House, the bill would have been veto-proof, and that may well be why Little signed it in spite of his misgivings about allowing civil lawsuits against medical providers who perform abortions. The law takes effect April 22, unless Planned Parenthood can convince the Idaho Supreme Court to stop it.
West Virginia
June 10, West Virginia’s Unborn Child with Down Syndrome Protection and Education Act goes into effect, banning abortions based on a potential disability. Introduced January 24, this bill moved fast. It cleared the Senate 28-5 March 3, then was amended and passed by the House 81-17, re-passed as amended in the Senate 27-5, and signed into law by Governor Jim Justice all in a day on March 12.
(Photo By Tom Williams/CQ-Roll Call, Inc via Getty Images)
Another bill that bans abortions at all after 15 weeks cleared the West Virginia State House of Delegates 81-18 last month but has not yet made it through the Senate. Republicans hold the upper chamber 23-11, all but ensuring the bill’s passage, and Gov. Justice seems likely to sign it once it reaches him.
Oklahoma
Though it hasn’t passed through the Senate or the governor’s office yet, the Oklahoma House of Representatives voted 78-19 to ban all abortions except to save the life of the pregnant person, regardless of when. There are similarities to the Texas law, of course, like allowing private citizens to sue anyone who performs or “aids and abets in the provision of such an abortion,” but this would, if enacted, become the nation’s strictest ban.
Republicans control 39 of 48 state Senate seats, meaning the bill is just as likely to sail through the Senate as it did the House, and Republican Governor Kevin Stitt has a history of signing stringent abortion restrictions into law.
Supreme Concerns
Abortion advocates are just as worried as pro-lifers are excited, and they may have good reason. During oral arguments in December, the 6-3 conservative Supreme Court indicated it might uphold Mississippi’s 15-week ban. But if it does, will this be a narrow decision, only applying to this case? Or will it be the much broader in scope overturning of Roe v. Wade that so many either hope for or fear?
In addition to these new laws, abortions are prohibited in many states either by their constitutions, laws that were on the books since before Roe and simply not enforced since, or so-called trigger laws that take effect as soon as Roe is overturned. In October of last year, the pro-abortion Guttmacher Institute estimated there were 26 states either certain or likely to ban or greatly restrict the practice if they hadn’t already. So far, they’re right on schedule.
~ Read more from James Fite.
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