Topline: Seven states in the South and Midwest have passed restrictive abortion laws this year as part of sweeping legal strategy to overturn Roe v. Wade, the 1973 court decision ensuring the right to an abortion. While these states have been putting incremental limits on abortion providers for years, making it harder for clinics to operate, these recent bills represent an escalation in an attempt to force the Supreme Court to reconsider its precedent.
As pro-choice groups challenge these laws in court, none have taken effect yet.
Here are the types of legislation introduced this year and where they have been introduced:
Full ban
- Alabama: The state passed the country’s most restrictive anti-abortion law Wednesday, making abortion illegal during all stages of pregnancy. Doctors who perform abortions could face up to 99 years in prison. There is no exception for rape of incest.
“Heartbeat bills”
So-called “heartbeat bills” prohibit abortions after five or six weeks of pregnancy, when a fetal heartbeat can be detected. Most women do not know they are pregnant before six weeks, leading many pro-choice advocates to characterize heartbeat bills as near-total bans.
“The effect of all these bills is the same,” said Alexa Kolbi-Molinas, a senior staff attorney with the ACLU. “It’s just as sweeping and devastating—and equally unconstitutional.”
Before signing his state’s heartbeat bill, Georgia’s Republican governor Brian Kemp said he wants to “value life.”
“We stand up for those who are unable to speak for themselves,” he said.
- Georgia: Georgia’s governors signed a bill last week that bans abortions after six weeks. Unlike Alabama’s ban, there is an exception for cases of rape or incest when a police report has been filed. The move prompted calls for a boycott, particularly from production studios that frequently film in the state. Actress Alyssa Milano also called for a (much-derided) sex strike in protest of the law as well.
- Ohio: Ohio’s heartbeat bill was signed by the state’s governor in mid-April and limits abortions after five weeks. There is no exception for rape or incest. Ohio’s former governor, former Republican presidential candidate John Kasich, had previously vetoed the bill twice when he was in office.
- Kentucky: Kentucky’s six-week abortion ban was signed into law in February, and has already been blocked by a federal judge.
- Mississippi : The state’s governor signed a six-week ban in late March. There is an exception for when the mother’s life is at risk, but none for rape or incest.
North Dakota passed a six-week ban in 2013, but the measure was eventually struck down after the Supreme Court declined to hear the case. Iowa also passed its own heartbeat bill in 2018, which is now making its way through the courts.
States considering heartbeat bills or similar laws
Lawmakers in five states introduced heartbeat legislation in February, which is currently being hashed out in committees. Missouri, Louisiana and South Carolina are further along.
- Missouri: Just a day after Alabama passed a total ban, Missouri’s Republican-led Senate passed a bill that would prohibit abortions after eight weeks. The bill needs to pass the House before it would be signed by the governor, who has signaled his support.
- Louisiana: A six-week abortion ban sailed through a committee on Wednesday. The state’s Democratic governor has indicated he will sign it when it reaches his desk.
- South Carolina: South Carolina’s House passed a heartbeat bill last month. The bill as written has an exception for rape or incest.
- Illinois: Heartbeat legislation was introduced in February and is being debated in the House.
- Florida: Republicans introduced a six-week ban in February.
- Maryland: Lawmakers introduced a heartbeat bill in February.
- Minnesota: Republicans in the State Senate introduced a heartbeat bill in February.
- West Virginia: A heartbeat bill was introduced in early February.
Second-trimester bans
Arkansas and Utah didn’t go as far as a heartbeat bill, but in March they banned abortions after the second trimester, or 18 weeks.
