While the Indiana Senate argues during a special session in Indianapolis and prepares to vote to outlaw abortions, pro-life protesters yell slogans. hidden caption SOPA Images/LightRocket via Gett
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– SOPA Images/LightRocket While the Indiana Senate argues during a special session in Indianapolis and prepares to vote to outlaw abortions, pro-life protesters yell slogans.
via Gett: SOPA Images/LightRocket DC’s WASHINGTON As abortion laws go into force across the nation, the repercussions of the Dobbs v. Jackson Women’s Health Organization judgment, which overturned decades of precedent ensuring abortion rights, are still being felt two months after the ruling.
More than a dozen states had so-called “trigger bans” in place laws meant to forbid abortion as soon as Roe v. Wade, the 1973 ruling that had protected the operation for almost 50 years, was overturned. These laws were in place well before the judgement was published on June 24.
According to the Center for Reproductive Rights, at least eight states have implemented complete or nearly complete prohibitions on abortion. Some of these laws went into force practically immediately.
Others were at least momentarily halted by legal action or by statutes that contained short waiting periods. Barring judicial intervention, fresh restrictions are scheduled to go into force this week in Tennessee, Texas, Idaho, and North Dakota.
An explosion of “trigger bans” across the nation Due to numerous levels of restrictions, the impact of these laws is already largely a reality even before they are formally enacted.
The trend was well underway before the Dobbs ruling in Texas, where abortion has been illegal after around six weeks of pregnancy since last September as a result of a law that permitted individuals to sue abortion doctors. This week, the state’s trigger prohibition, which essentially outlaws the surgery, goes into effect. Although some clinics have made plans to move outside of Texas to locations like New Mexico, Texas currently has no clinics offering abortions.
Idaho also has an abortion ban that is relies on civil enforcement , and after around six weeks, people can file a lawsuit against those they believe are performing illegal abortions. Idaho’s trigger ban law, which is slated to go into effect on August 25 and is even more restrictive, is being challenged in court by the U.S. Department of Justice.
The sole clinic in North Dakota has, at least temporarily, moved its abortion services to Minnesota, where abortion is still allowed. The clinic’s attorneys have asked a judge to prevent the law from going into effect on Friday.
The law set to take effect this week goes even farther effectively outlaws all abortions in Tennessee, where there is already very little access to abortions due to a restriction on abortion after around six weeks of pregnancy. There are no exceptions for rape or incest. The law does not include explicit exceptions for medical emergencies, but it does contain a provision that would allow doctors to mount a defense against felony abortion charges by claiming they intervened to save the life of a pregnant woman or prevent the “serious risk of substantial and irreversible impairment of a major bodily function.”
FEDERAL COURTS, STATE BATTLES CONTINUE Attempts have been made by pro-abortion groups to claim that numerous state constitutions provide the right to an abortion.
Alliance Defending Freedom and other pro-life organizations are working to persuade states to enact abortion restrictions.
Senior attorney for the organization Erin Hawley expressed her desire for abortion bans to be upheld by courts in Wyoming, Arizona, and other states.
According to Hawley, “I think we’ll see in a number of other states that these laws will go into effect, and that intermediate courts of appeals and the state supreme courts will hopefully determine that there is no state constitutional right to abortion.”
Federal courts are also being challenged. In response to the Department of Justice lawsuit challenging made plans to move 0 under a federal labor statute, a federal court is expected to take action this week.
LAWMAKERS IN THE POST-ROE STATES CONSIDER NEW ABORTION LAWS Some Republican state politicians are considering passing additional laws in response to the Dobbs ruling. A almost complete abortion ban that Indiana lawmakers approved in early August will go into force in the middle of September.
Elisabeth Smith, state policy and advocacy director for the Center for Reproductive Rights, points out that some proponents of the right to an abortion have put forward legislation that would forbid individuals from getting abortions in other states.
Smith said, “I believe it’s important to talk about the likelihood that we’ll also see innovative criminal sanctions for those who offer and assist with abortions, as well as certain states trying to restrict people from crossing state boundaries.
However, the outcome of a ballot campaign in Kansas earlier this month, in which voters decisively rejected a constitutional amendment that would have opened the door for state lawmakers to outlaw abortion, gives abortion rights supporters hope. Smith points out that in November, voters in a number of states, including California, Vermont, Kentucky, and made plans to move 1, would be presented with abortion-related ballot measures.
The State Innovation Exchange, a group that works with lawmakers to try to enhance abortion access even in a post-Roe context, has Jennifer Driver as senior director of reproductive rights.
Driver predicted that more patients with the means will rely on out-of-state trips or use abortion pills at home as additional limitations continue to go into force. She claims that when assisting people through medical crises, physicians and other healthcare professionals in many states will continue to confront challenges.
“The effort to gain abortion rights back won’t happen overnight,” Driver said. “The chipping away at them didn’t happen overnight either.”