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ABC News
ABC News
Health
Jessica Riga

America is one week post-Roe. Here’s how abortion laws have changed across the country

America's abortion landscape has become more complex following the toppling of Roe v Wade. (Reuters: Evelyn Hockstein)

It's been one week since the US Supreme Court revoked Americans' constitutional right to abortion, overturning 50 years of precedent.

The high court's decision has set off legal battles in multiple states, resulting in America's abortion landscape becoming more fragmented and increasingly complex.

Here's where the states currently stand on the issue, and what might happen next.

Some states have trigger laws in place

Trigger laws automatically restricted or removed access to abortion once Roe v Wade was overturned.

Some of the trigger laws ban abortions almost completely, while others outlaw abortion after six weeks or 15 weeks.

How quickly the trigger laws will go into effect will vary from state to state.

The following states have passed laws that severely restrict abortion access, with the states in bold completely banning the procedure:

  • Alabama
  • Arkansas
  • Missouri
  • Ohio
  • Oklahoma
  • South Dakota
  • South Carolina
  • Tennessee

In Idaho, a complete abortion ban was signed into law, but is not yet in effect. 

Wyoming also has trigger laws, but has 30 days to review the bill before certifying it. 

North Carolina has not immediately responded to its trigger laws.

Some states will enact laws soon

Mississippi is scheduled to completely ban abortions from July 7.

Meanwhile, laws restricting abortions in Arizona are set to take effect on July 23.

The situation is changing rapidly in some states

In Kentucky, Judge Mitch Perry issued a temporary restraining order preventing the state from enforcing a ban passed in 2019 and triggered by the Supreme Court's decision.

In Louisiana, abortion services resumed after District Court Judge Robin Giarrusso also issued a temporary restraining order blocking the state from carrying out its ban.

A Utah judge has temporarily blocked that state's near-total abortion ban, after Planned Parenthood challenged that state's trigger law that contains narrow exceptions.

In Florida, Circuit Court Judge John Cooper said he would grant a petition from abortion rights groups to temporarily put on hold a state law that would bar abortions after the 15th week of pregnancy.

In Texas, an abortion ban has been blocked, but another law that severely restricts abortion access is in effect.

Where is abortion still legal?

The Guttmacher Institute estimates 26 states are certain or likely to ban abortion, leaving women in large areas of the US south-west and Midwest without nearby access to the medical procedure.

Most states where abortion will still be legal are on the west coast in California, Nevada, Oregon and Washington, or in the north-east.

Illinois is now an island for abortion access, with four of the state's neighbours immediately banning abortion after the Supreme Court’s decision, with two other states restricting the procedure. 

New York Governor Kathy Hochul says "just a handful of states" are going to have to take care of health of women across the country.

It's currently legal for Americans to travel interstate to access an abortion, but US President Joe Biden predicts some jurisdictions will try to arrest those crossing state lines. 

Planned Parenthood in Montana has already stopped providing medication abortions to patients who live in states with bans in place "to minimise potential risk for providers, health centre staff, and patients in the face of a rapidly changing landscape".

Mr Biden said the federal government would act to protect women who need to travel to get an abortion and ensure their access to medication in states where it's banned.

What might happen next?

He says he is "looking at all the alternatives" for protecting abortion access following the Supreme Court's decision to overturn Roe v Wade.

During a meeting with Democratic governors, Mr Biden described the ruling as "tragic" and warned that Republicans could try to enact a nationwide ban on abortion if they retake control of Congress.

He said there were not enough votes in the Senate to scrap a super-majority rule known as the filibuster to codify Roe v Wade's protections into law.

Mr Biden said "a filibuster should not stand in the way of us being able to (codify Roe)." (AP: Evan Vucci)

Critics say the filibuster, which requires 60 of the 100 senators to agree on most legislation, is an anti-democratic hurdle that prevents Washington from addressing pressing problems.

Mr Biden urged Democrats to elect at least two more senators so they could create an exception to the filibuster.

New York Governor Kathy Hochul suggested Mr Biden consider having abortions performed at federal facilities like Veterans Affairs hospitals or military bases in states that restrict abortions.

New Mexico Governor Michelle Lujan Grisham said Native American tribes, which have a level of sovereignty over their own lands, could also be valuable partners.

ABC/wires

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