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States passed a flurry of new abortion restrictions this year. Here’s where they stand

by The Editor
October 28, 2019
in USA
0
States passed a flurry of new abortion restrictions this year. Here’s where they stand

But where are those laws now?The short answer: Nowhere.Of the nine so-called gestational bans — which bar abortions past a certain point in pregnancy — passed this year, none have gone into effect after most of them have been blocked by judges. In particular, court actions have kept all of the so-called heartbeat bans — bills outlawing abortion once a fetal heartbeat is detected, as early as six weeks into a pregnancy — from coming into force.Abortion experts on both sides of the debate say the bills aim to weaken or even directly challenge the Supreme Court's landmark 1973 case Roe v. Wade that legalized abortion in the US.Legislators are more open about their goal of challenging Roe in light of the new Supreme Court and perceived cultural shifts, said Sue Swayze Liebel, state policy director director for anti-abortion advocacygroup the Susan B. Anthony List."I think there's a renewed sense of momentum to challenge Roe, and I don't think that's been a secret," she said. "I think it's now just being viewed as a possibility."Elizabeth Nash — senior state issues manager at the Guttmacher Institute, an advocacy group that supports abortion rights — said the new legislation reflects both recent political events and longer-standing patterns."Certainly a catalyst was this more conservative Supreme Court, but also potentially a catalyst was simply that since 2011, we have seen state after state adopt restriction after restriction," she said. "And at some point, the only thing that's really left to do is ban abortion."And the issue isn't going away. A federal judge has yet to rule on a requested block on Alabama's near-total abortion ban, which is slated to go into effect in November. And state legislators in Tennessee, Pennsylvania and South Carolina are looking to advance heartbeat bills of their own. In response, Democratic Pennsylvania Gov. Tom Wolf has already vowed to veto any abortion bans, while several Democratic-leaning states have also looked to protect or expand abortion access.Here's the status of abortion bans passed so far this year:The law: In May, Republican Gov. Kay Ivey signed into law the state's near-total abortion ban that could slap doctors with up to 99 years in prison for performing an abortion. Making it "unlawful for any person to intentionally perform or attempt to perform an abortion," the law has exceptions for "a serious health risk to the unborn child's mother," ectopic pregnancy and lethal fetal anomalies — but not for instances of rape or incest.Status: The ACLU and Planned Parenthood sued Alabama later that month on behalf of Alabama abortion providers, arguing that the bill would "inflict immediate and irreparable harm on plantiffs' patients by violating their constitutional rights, threatening their health and well-being, and forcing them to continue their pregnancies to term against their will." US Federal District Judge Stephen Michael Doyle has yet to rule on the groups' request that he block the ban. Barring any judicial action, the law is slated to go into effect in November.The law: Arkansas' law bans abortions after 18 weeks into a pregnancy — six weeks before the standard set by Roe — except in medical emergencies and in cases of rape or incest. Republican Gov. Asa Hutchinson signed the measure in March.Status: In August, a federal judge temporarily blocked the ban from going into effect on the grounds that it would cause "irreparable" harm to women seeking abortions. The state promptly appealed the ruling to the Eighth Circuit Court of Appeals. The ACLU and Planned Parenthood filed the lawsuit in June against Arkansas officials, challenging the 18-week ban and other abortion restrictions as unconstitutional.The law: Georgia's Republican Gov. Brian Kemp signed one of the most high-profile so-called heartbeat bills in May. The law bans abortions at the onset of a fetal heartbeat — which can occur as early as six weeks into a pregnancy and before many women know they're pregnant. It includes some exceptions, including if the pregnancy risks the life of or poses substantial and irreversible physical harm to the pregnant woman, and in instances of rape or incest up until 20 weeks into a pregnancy.Status: A federal judge earlier this month blocked the law from going into effect in January as planned, arguing that "by banning pre-viability abortions, (the bill) violates the constitutional right to privacy, which, in turn, inflicts per se irreparable harm on Plaintiffs." The ACLU, Planned Parenthood and the Center for Reproductive Rights filed the suit in June.The law: Kentucky also passed a heartbeat bill this year that Republican Gov. Matt Bevin signed in March. The ban includes exceptions to prevent the death or "a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman," but not for rape or incest. Status: Things moved quickly on Kentucky's ban — the same day that the bill was sent to Bevin to be signed, the ACLU challenged it in federal court as unconstitutional. Hours after Bevin signed it, US District Court Judge David Hale temporarily blocked it. Hale later extended the block on the law to last until a final ruling.The law: Louisiana Gov. John Bel Edwards, a Democrat, signed a bill in May banning abortions once a heartbeat can be detected. The bill has exceptions for "medically futile" pregnancies and to prevent the death or severe impairment of the pregnant woman, but none for instances of rape or incest.Status: The Louisiana law will go into effect only should a federal appeals court uphold a similar Mississippi heartbeat law. That Mississippi law is currently in the Ninth Circuit Court of Appeals after a federal judge blocked it as unconstitutional.

Mississippi

The law: Mississippi's heartbeat bill would also prohibit abortions as early as six weeks into pregnancy, before many women even know they're pregnant. The bill only has exceptions to prevent a woman's death or serious risk of impairment. Republican Gov. Phil Bryant signed it into law in March.Status: In March, the Center for Reproductive Rights added a challenge against Mississippi's heartbeat bill law to the group's existing lawsuit against the 15-week abortion ban the state passed last year. US District Judge Carlton Reeves blocked the heartbeat ban in May, writing that the law "threatens imRead More – Source

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