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Fast Facts
Near-Total Abortion Bans
Could the government really outlaw abortion if the U.S. Supreme Court overturned Roe v. Wade? |
Yes. If Roe v. Wade were overturned, it would open the door for anti-choice lawmakers in state and federal governments to enact and enforce laws banning abortion. In fact, some states already have abortion bans on the books, either from before Roe or because they enacted laws after Roe hoping to prompt the Supreme Court to overturn it. Currently, these bans are unenforceable; however, if Roe is overturned they will immediately become enforceable. Still other states have anti-choice legislatures and governors that are likely to enact abortion bans if Roe is overturned. |
CURRENT STATE LAWS15 states have unconstitutional and unenforceable near-total criminal bans on abortion: AL, AZ, AR, CO, DE, LA, MA, MI, MS, NM, OK, UT, VT, WV, WI.
- 2 of these bans were enacted after Roe v. Wade: LA (1991) and UT (1991).
4 states have laws that would impose near-total criminal bans on abortion if the Supreme Court overturns Roe v. Wade (sometimes known as "trigger" bans): LA, MS, ND, SD. |
2009 NOTABLE DEVELOPMENTS
Several states considered so-called "personhood" measures intended to impose near-total bans on abortion by claiming that life begins before medically recognized pregnancy. These bills advanced through the legislatures in some states — even passing one chamber, for example, in North Dakota and Montana — but ultimately pro-choice leaders were able to block them. In addition, anti-choice activists worked to place "personhood" initiatives on state ballots. In November 2008, Colorado voters resoundingly defeated the measure; moving forward, similar proposals are likely to appear on several state ballots in the 2010 election cycle. (Print deadlines precluded inclusion of the Colorado initiative in the 2009 edition of Who Decides?)
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| For a map of all states with Near-Total Abortion Bans - click here. | | |
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