Divided
The Supreme Court ruling could mean U.S. states can quickly enact strict abortion laws or even bans.
Washington, DC – Reactions to the Supreme Court ruling on the right to abortion have been numerous, with prominent men and women voicing shocks and human rights organizations warning about the health consequences of unwanted pregnancies and abortions. illegal.
But what are the legal consequences of the ruling in the US? After the overturning of the fundamental sentence Roe v. Wade (1973) from the Supreme Court, the decision now rests with the states. Numerous states in the United States can now quickly implement abortion bans and stricter abortion laws.
The New York Times published a map showing how quickly U.S. states tightened abortion laws or implemented bans shortly after the verdict: abortions were banned in the U.S. states of Missouri, Louisiana, Kentucky, and South Dakota just a ‘now after the verdict and in Alabama at 12 noon, in Arkansas at 4 pm and in Utah at 9 pm In Texas, all clinics have already been closed. Other US states may follow suit in the near future.
That Guttmacher Institute in Washington, a political research institute had already compiled last year a list of 26 American states that could ban or limit abortions shortly after the verdict, as well as the Southern Newspaper reported. Some states, such as Arkansas or Missouri, had already prepared laws that would then go into effect automatically, while others could resort to laws prior to 1973.
The research institute divides the laws into several groups:
- Law before the Roe judgment (Pre-egg ban): Law issued before 1973
- Prohibition “Trigger”: Law that is “triggered” and enters into force automatically or by rapid government action when the Roe ruling (1973) is no longer applicable
- Almost total ban: Law enacted after the Roe ruling to ban abortion in all or most circumstances (many such laws are currently blocked by a court order)
- Six-week ban: Law against abortions after the sixth week of pregnancy (one of which is in force)
- Eight week ban: Law against abortion after the eighth week of pregnancy (none in force)
- The state constitution prohibits protection: The constitution has been amended to prohibit any protection of the right to abortion.
Strict abortion laws or even bans could therefore be introduced in the near future in the following US states. The strictest abortion ban in the United States to date was passed in Oklahoma in May. The historic 1973 ruling was thus circumvented, as it was implemented on the basis of civil law and not criminal law. This allows private individuals, for example, to sue clinics.
- Alabama – Pre-egg prohibition, almost total prohibition, protection of state constitutional barriers
- Arizona – Pre-egg ban
- Arkansas – Pre-egg ban, trigger ban, almost total ban
- Georgia – Six-week ban
- Idaho – Ban on activation, six-week disqualification
- Iowa – Six-week ban
- Kentucky – Ban on activation, six-week disqualification
- Louisiana – Activation ban, almost total ban, six-week ban, protection from the bars of the state constitution
- Michigan- Pre-egg ban
- Mississippi – Pre-egg ban, trigger ban, six week ban
- Missouri – Ban on activation, eight-week disqualification
- North Dakota – Ban on activation, six-week disqualification
- Ohio – Six-week ban
- Oklahoma – Pre-egg ban, trigger ban (effective November 1, 2021), almost total ban, six-week ban
- South Carolina – Six-week ban
- South Dakota – Prohibition of activation
- Tennessee – Prohibition of triggering, six-week ban, protection of the bars of the state constitution
- Texas – Pre-egg ban, trigger ban, six week ban
- Utah – Prohibition of activation, almost total ban
- West Virginia – Pre-egg prohibition, the state constitution prohibits protection
- Wisconsin – Pre-egg ban
- Wyoming – Prohibition of activation
Abortions in the USA: this means the verdict for other states
According to the analysis, Florida, Indiana, Montana and Nebraska will also issue bans in the near future once the Supreme Court has delivered the historic ruling nationwide. Other states like North Carolina could join. To legally abort, women would have to travel to other states.
If a US state is geographically located in such a way that it is surrounded by other conservative government states, travel can be complex and associated with high costs. Human rights organizations therefore warn of an increase in illegal abortions, which are associated with health risks.
Donald Trump hailed the Supreme Court verdict
While Donald Trump hailed the Supreme Court ruling as a “God’s decision,” Democrat and House Speaker Nancy Pelosi warned that Republicans could try to push through a federal abortion ban. US President Joe Biden, who is himself a Catholic, spoke of a “tragic mistake”. (df)