More than half of the US could ban abortion if Roe v Wade is quashed.  These states protect access

More than half of the US could ban abortion if Roe v Wade is quashed. These states protect access

More than half of the US could ban abortion if Roe v Wade is quashed.  These states protect access

Without constitutional protections that affirm the right to abortion, and without federal law codifying that right, millions of Americans will live in states that make abortion care illegal if the U.S. Supreme Court upholds its ruling. Roe v Wade

Thirteen states could quickly or immediately ban abortion under laws that are set to take effect if the Supreme Court encourages Roe. Seven states maintain abortion bans that have been on their books for decades, despite the 1973 ruling in the roe case making them unconstitutional. More than two dozen states have severely restrictive laws that can be used to end legal care.

But more than a dozen states and Washington DC have laws that protect abortion rights, including explicit protections in state constitutions or laws that allow abortion up to some point in pregnancy or during a pregnancy.

Twelve states allow abortion prior to viability, which reflects the time a fetus can survive outside the womb, usually within 22 to 24 weeks of pregnancy. The roe ruling confirmed that the constitution protects the right to abortion before viability.

Three states and Washington DC have enshrined the right to abortion during pregnancy.

Some states have extended that protection in recent months as the Supreme Court prepares to rule in Dobbs v Jackson Women’s Health Organizationinvolving a law in Mississippi that prohibits abortion at 15 weeks of pregnancy.

The imbalance of abortion rights in the US – which varies from state to state or province in some states – creates a patchwork of concern and criminalization, with the protection of physical autonomy dependent on where one lives.

Most of the states protecting abortion access are on the East and West Coasts, surrounding a wave of anti-abortion states in the South and Midwest where patients — such as those living in Louisiana and Mississippi — will have to travel hundreds of miles to gain access. obtain legal care.

Abortion fund providers and organizers are bracing for an influx of patients traveling to states where access to abortion is protected, fearing that an already congested and fragile health care infrastructure will be tested by demand from patients moving out of their state. be expelled.

California

State lawmakers have approved a measure that would allow voters to determine whether the state constitution should be amended to include basic protections for abortion care. “We know we cannot trust the Supreme Court to protect reproductive rights, so California will build a firewall around this right in our state constitution,” Governor Gavin Newsom said in a statement earlier this year.

The governor has also signed legislation that prohibits insurers from demanding cost-sharing payments such as deductibles, coinsurance or copayments for abortion care in an effort to make access more affordable.

Colorado

Governor Jared Polis signed legislation this year guaranteeing the right to “abortion and to make decisions about the exercise of that right.” It also states that “a fertilized egg, embryo or fetus has no independent or derived rights” under state law.

Connecticut

The state protects the right to abortion until viability, after which abortion care is allowed only to protect the patient’s life or health.

Governor Ned Lamont also signed legislation protecting medical providers who perform abortions and out-of-state patients who travel to the state to receive the procedure from lawsuits in states that have criminalized care.

Delaware

The state protects the right to abortion until viability, after which abortion care is allowed only to protect the patient’s life or health.

Hawaii

The state protects the right to abortion until viable, and the state law prohibits the government from exercising the “right of a person to choose or have aborted a nonviable fetus” that could endanger the patient’s life or health. protect, deny or interfere with it.

Illinois

In 2019, the state recognized the “fundamental right to make autonomous decisions about one’s own reproductive health”, including to continue a “pregnancy and delivery or abortion”.

The law repeals the Illinois Abortion Law of 1975 and the Partial-birth Abortion Ban Act. It also states “that a fertilized egg, embryo or fetus has no independent rights under the law of this State”.

Following the leaked draft opinion on the Dobbs case, Democratic Governor JB Pritzker said at a news conference that the state “will remain a beacon of hope in an increasingly dark world.”

“Because we will fight like hell, not just for the women of Illinois, but for every person in our state and every person across the country who doesn’t believe in limiting civil and human rights, but in expanding them,” he said. he.

Maine

The state protects the right to abortion until viability, after which abortion care is allowed only to protect the patient’s life or health.

Maryland

The state protects the right to abortion until viability, after which abortion care is allowed only to protect the patient’s life or health, or if the fetus is “affected by a genetic defect or severe malformation or abnormality.”

A bill that will take effect on July 1 will also oblige most health insurers to reimburse abortion care.

Massachusetts

The state protects the right to abortion up to 24 weeks of pregnancy.

Nevada

The state protects the right to abortion up to 24 weeks of pregnancy, after that abortion care is allowed only to protect the patient’s life or health.

New Jersey

The right to abortion is protected at all stages of pregnancy. In 2022, the state issued protections and recognized abortion as a fundamental right, affirmed by the state’s constitution and the state’s supreme court as the “fundamental right of a woman to control her body and destiny.”

New York

In 2019, the state approved comprehensive abortion protections and removed abortion from the state’s criminal code. The state protects the right to abortion up to 24 weeks of pregnancy, after that abortion care is allowed only to protect the patient’s life or health or if the fetus is no longer viable.

A 2022 legislative package will include legal protections for out-of-state abortion providers and patients seeking an abortion in New York, which would block state courts from pursuing cases related to anti-abortion laws in other states.

The measures also protect abortion providers from arrest, extradition and legal action in other states by prohibiting state and local courts and law enforcement officers from participating in anti-abortion cases in those states. Another law allows people to sue for unlawful interference with their right to abortion care if they face civil or criminal charges for seeking or providing an abortion.

The state will also prevent health insurers from taking action against New York-based providers that provide reproductive health services that are illegal in other states.

Oregon

The legislature passed a bill in 2017 that prohibits government agencies from interfering with patients’ right to abortion.

Rhode Island

The state protects the right to abortion until viability, after which abortion care is allowed only to protect the patient’s life or health.

Vermont

The state law passed in 2019 recognizes “the fundamental right of any person who becomes pregnant” to request an abortion and prohibits government agencies from interfering with that right.

Washington

In June, state lawmakers strengthened protections against abortion by guaranteeing the right to access reproductive health care regardless of gender identity.

Washington DC

The right to abortion is protected at all stages of pregnancy.