The 13 states with trigger laws will be most directly impacted by the Supreme Court’s decision to overturn Roe v. Wade and give individual states the option of banning or legalizing abortions. These laws were passed in advance of Friday’s decision and are designed to take effect immediately in the event that Roe v. Wade is overturned. While some laws are drafted to go into force right once, others are meant to do so around a month following the decision.
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The US States having trigger laws that are either now in place or are anticipated to do so are listed below:
- North Dakota
- South Dakota
In Arkansas, a trigger legislation that will outlaw practically all abortions with the exception of saving the “life of a pregnant woman in a medical emergency” is set to go into effect in the coming days. The penalty for carrying out or trying to carry out an abortion is up to $100,000 in fines or ten years in jail.
A trigger legislation in Idaho that would make delivering an abortion criminal by up to five years in jail is anticipated to take effect 30 days after the Supreme Court’s decision. In circumstances of rape or incest, as well as when an abortion is carried out to save the life of a pregnant woman, exceptions would be permitted.
2019 saw the passage of a trigger law in Kentucky that outlaws abortions and makes them a crime. There are instances where having an abortion is necessary in order to protect a pregnant woman from harm or death. Incest and rape are not the only cases.
A Louisiana legislation that forbade anybody from conducting abortions or giving a woman medicines to end a pregnancy went into effect right away. For significant harm or death, the state would permit an abortion, but not for rape or incest.
According to Mississippi trigger law, abortions cannot be performed until the state’s attorney general certifies that Roe v. Wade has been reversed by the Supreme Court. Exceptions include saving a mother’s life or rape instances.
Within hours following the decision, a legislation in Missouri went into effect making it illegal to get an abortion unless there is a medical emergency.
According to North Dakota trigger law, conducting an abortion would be a crime unless it was necessary to preserve the mother’s life. Thirty days after the Supreme Court’s decision, it is anticipated to take effect.
A trigger legislation in South Dakota went into effect right away and prohibited anybody from conducting an abortion or giving a woman medicines that may cause one, even in situations of rape or incest.
In Oklahoma, a measure prohibits abortions, punishable by up to 10 years in jail or a $100,000 fine, unless the procedure would save the life of the expectant mother.
About 30 days following the Supreme Court’s decision, a Tennessee law is anticipated to take effect. With exceptions made to protect a pregnant woman’s death or serious damage, the bill would outlaw abortions in the state. Rape and incest cases are not exempt from the law.
With no exceptions for rape or incest, a legislation outlawing abortions in Texas is anticipated to take effect 30 days after the Supreme Court’s ruling. In order to save a pregnant woman from significant harm or death, abortion would be permitted.
A legislation in Utah that prohibits abortions with exceptions for situations of rape, incest, the risk of severe birth deformities, and death or significant damage to the mother entered into effect on Friday.
Within 30 days of the Supreme Court’s ruling, a statute prohibiting abortions in Wyoming is anticipated to take effect. In circumstances of rape or sexual assault, or to avoid the death or “severe and irreparable” damage of a pregnant woman, the state would permit exceptions.