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Nearly all abortion “trigger” laws soon will be in effect


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John Burger - published on 08/22/22

Two months after the Supreme Court reversed Roe v. Wade, more states institute near-total bans.

Two months after the reversal of Roe v. Wade, a new wave of abortion bans will be taking effect in U.S. states.

By the end of this week, almost all of the “trigger” laws on the state level – laws already on the books that were meant to take effect if the Supreme fCourt overturned Roe – will have taken effect. 

Some of those bans went into effect immediately, when the high court issued its June 24 decision in Dobbs v. Jackson. Others had to wait 30 days or be certified by the state attorney general.

Trigger bans in Utah, Wyoming and North Dakota, have been blocked temporarily by local courts. 

But three more states will implement near-total bans of abortion in the coming week:

  • Tennessee, which has had a six-week ban (when cardiac activity in a fetus is detectable), will now outlaw nearly all abortions, even if the pregnancy is the result of rape or incest. Exemptions will be granted in cases related to preventing the death or serious injury of a pregnant woman, however.
  • Idaho, which also has a six-week ban, will prohibit almost all abortions, making exceptions in cases of rape, incest or medical emergency. The law is supposed to take effect August 25, but the Biden Administration has sued to block the law. A court hearing is scheduled for Monday.
  • Texas, which pioneered a law allowing private citizens to enforce an abortion ban, will toughen that statute on August 25. Those involved in an illegal abortion face life in prison and fines of no less than $100,000. Medical emergencies are the only exception allowed. 

Two other states will see new abortion bans in September, including Indiana, which was the first state to pass legislation banning the procedure since the Dobbs decision. The Hoosier State will ban abortions except in the case of rape, incest or a medical emergency. The act goes into effect September 15.

And Arizona on September 24 will have a ban, criminalizing providing abortions after 15 weeks of pregnancy. 

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