Abortion Remains Legal in All 50 States

Laws that require pregnant women to receive biased and often inaccurate counseling or ultrasound before abortion and, in some cases, wait for some time between counseling and/or ultrasound and abortion care. These laws do not serve a medical purpose, but aim to prevent pregnant women from exercising their physical autonomy. Abortion remains legal in New Jersey. Assembly Bill 6260, passed in January 2022, protects the right to abortion and removes several restrictions from the law, including the requirement that only doctors must offer abortions. In 2000, the state Supreme Court struck down a law requiring parental consent for minors. Laws prohibiting a particular method of abortion care, most commonly dilation and extraction (D&X) procedures and dilation and evacuation (D&E) procedures. Following the Dobbs decision, a federal court ruled that South Carolina could begin enforcing the Fetal Heart Rhythm and Abortion Protection Act. This law prohibits most abortions if an ultrasound detects a fetal heartbeat, which usually begins about six weeks after pregnancy. Offences can be charged criminally with a fine of $10,000 and two years in prison. Meanwhile, the South Carolina Senate is considering an even more restrictive law that would ban abortions at any stage of pregnancy, unless a pregnant woman`s life is in danger.

The Dobbs decision has no immediate impact on abortion rights in Pennsylvania. Governor Tom Wolf and Attorney General Josh Shapiro support maintaining the current law. In November, however, a new governor will be elected. If pro-life Republican candidate Doug Mastriano wins, abortion restrictions could be significantly tightened. As a state senator, Mastriano campaigned for a ban on abortion after about six weeks of pregnancy. Meanwhile, Republican lawmakers have proposed a constitutional amendment that would explicitly provide that the Pennsylvania Constitution does not protect abortion rights. The change is currently under consideration in the Pennsylvania Senate, and Governor Wolf would not be able to veto it if voters ultimately approve it as a voting measure. Abortion is generally legal in Virginia until the 25th week of pregnancy. A 2020 law lifted several restrictions, including a 24-hour waiting period and the requirement that only doctors be required to perform abortions. Previously, West Virginia banned abortions after 22 weeks, except in cases of danger to life or serious health risk.

In 2018, West Virginia voters agreed to amend the state constitution to explicitly state that it does not include abortion rights. A statement from the state`s highest court confirming that the state constitution protects the right to abortion, separately and independently of the existence of a federal constitutional right. An induction law passed in 2005 bans abortions, except for life-threatening pregnancies. In March, Wyoming passed House Bill 92, an induction law that bans all abortions except for life-threatening pregnancies. On the 27th. In July, the day HB 92 went into effect, a judge temporarily blocked law enforcement and sided with a women`s clinic that argued it violated an amendment to the Wyoming Constitution that found competent adults have the right to make their own health care decisions. Their lawsuit also claims that the ban will harm women by banning potentially life-saving treatments. Some bans prohibit abortion in all or almost all circumstances, a tactic widely seen as an attempt to provoke a legal challenge for Roe.

Some of these types of bans enacted by states have been blocked by court orders and would require further legal action to be enforced. A number of states limit elective abortions to a maximum number of weeks of pregnancy, usually before the fetus can survive if removed from the womb. For comparison, the youngest child suspected of surviving premature birth in the United States was Amillia Taylor (born October 24, 2006 in Miami, Florida, aged 21 weeks and 6 days, about 153 days versus a potentially expected pregnancy period of 40 weeks, about 280 days). [3] On August 5, the Indiana Legislature passed a law that would make abortion a crime in almost every case. Republican Gov. Eric Holcomb signed the bill in moments later. The state could try to enforce its law before Roe, which was found to be unconstitutional. The law prohibits all abortions unless they are necessary to save the pregnant person`s life. The state also enacted an almost complete ban on abortion, which was ordered, although this may change until the court case.

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