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11 states have 'trigger' laws that would automatically outlaw abortion if the Supreme Court overturns Roe v. Wade

Business Insider
Business Insider
 2021-09-02

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In this Wednesday, March 4, 2020 file photo, abortion rights demonstrators rally outside the Supreme Court.
  • Eleven states have "trigger" laws that would ban nearly all abortions if the Supreme Court overturns Roe v. Wade.
  • A Texas law that bans abortions after six weeks of pregnancy took effect on Wednesday.
  • The Supreme Court is due to consider a major abortion case that could upend Roe v. Wade.
  • See more stories on Insider's business page .

There are currently 11 US states with so-called trigger laws that would ban all or nearly all abortions if the Supreme Court overturned Roe v. Wade, the landmark 1973 case that legalized abortion nationwide.

Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, South Dakota, Tennessee, Utah and Texas all have post-Roe laws that would immediately take effect if Roe falls, according to the Guttmacher Institute, a pro-abortion organization that compiles data on reproductive health.

Roe v. Wade has been thrust into the national spotlight after a Texas anti-abortion law, one of the most restrictive in the nation, took effect on Wednesday . Texas Gov. Greg Abbott signed the law on May 19, which bans abortions after six weeks - with no exception for rape or incest - despite many people being unaware they are pregnant at that time.

After 24 hours of the law in place, the Supreme Court declined a request from abortion providers to block it. In a 5-4 vote, Justices Amy Coney Barrett, Brett Kavanaugh, Neil Gorsuch, Samuel Alito, and Clarence Thomas overruled the dissenting votes cast by Justices John Roberts, Stephen Breyer, Sonia Sotomayor, and Elena Kagan.

The court's majority argued in an unsigned opinion that the ruling was a technical one and not based on the substance of the law, which could still be legally challenged.

"In particular, this order is not based on any conclusion about the constitutionality of Texas's law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts," the justices wrote.

Legal experts have said the law already makes Roe moot in Texas. In June, Abbott signed a trigger bill into law.

President Joe Biden on Thursday called the Supreme Court's decision "an unprecedented assault on a woman's constitutional rights under Roe v. Wade."

The Supreme Court's order could potentially spark a wave of Republican-led states enacting similar restrictions that threaten access to abortion.

The Texas law also comes as the Supreme Court is due to consider the constitutionality of abortion this fall in a case that could upend Roe v. Wade. The case, Dobbs v. Jackson Women's Health Organization, concerns a Mississippi law that would ban nearly all abortions after 15 weeks of pregnancy.

The Center for Reproductive Rights estimates that 34 states and five territories could cease to protect abortion rights if Roe is thrown out.

Read the original article on Business Insider

Comments / 73

Nichole Medow
09-03

The romans tossed any deformed or retarded looking infants off the cliff even they knew what burden a being like that would cause for society and the world is over populated an being run by half wits who lie about a kwanza tree please can we keep abortions

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Terrance Ford
09-04

Now we know all kids have a mind of their own and some do what they want to do. And some get abortion without letting their parents know. And now you want all females to have their babies. It's about to be a lot of them now

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Bonnie Meggison Maclean
09-04

Contraceptives are available to all women, Roe vs Wade has gotten out of hand, abortions shouldn’t happen after 3 months, gives a women a chance to figure out her options and the health of the fetus is known

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