|
Help |
Site Map
|
Issues
AS OF APRIL 4, 2022
Background
Changes to the makeup of the U.S. Supreme Court in 2018 raise the possibility that Roe v. Wade could be severely undermined — or even overturned — essentially leaving the legality of abortion to individual states. A reversal of Roe could establish a legal path for states’ pre-1973 abortion bans, as well as currently unenforced post-1973 bans, to take effect.
Many state lawmakers continue to consider and enact abortion bans that fly in the face of constitutional standards and Roe’s precedent in anticipation of an eventual lawsuit on such a ban coming before a Supreme Court hostile to abortion rights.
Some bans prohibit abortion under all or nearly all circumstances, a tactic widely viewed as an attempt to provoke a legal challenge to Roe. Several of this type of ban that were passed by states have been blocked by court orders and would require further court action to be enforced.
Other bans enacted after Roe are designed to be “triggered” and take effect automatically or by swift state action if Roe is overturned. Several states even have laws declaring the state’s intent to ban abortion to whatever extent is permitted by the U.S. Constitution, making their desire to halt abortion access in the state clear. A few states have amended their constitution to declare that it does not contain any protection for abortion rights or allow public funds to be used for abortion.
Meanwhile, policymakers in some states have approved laws to protect abortion rights without relying on the Roe decision. Most of these policies prohibit the state from interfering with the right to obtain an abortion before viability or when necessary to protect the life or health of the pregnant person.
Visit our state legislation tracker for policy activity on all sexual and reproductive health topics.
Highlights
- 23 states have laws that could be used to restrict the legal status of abortion.
- 9 states retain their unenforced, pre-Roe abortion bans.
- 13 states have post-Roe laws to ban all or nearly all abortions that would be triggered if Roe were overturned.
- 9 states have unconstitutional post-Roe restrictions that are currently blocked by courts but could be brought back into effect with a court order in Roe’s absence.
- 7 states have laws that express the intent to restrict the right to legal abortion to the maximum extent permitted by the U.S. Supreme Court in the absence of Roe.
- 4 states have passed a constitutional amendment explicitly declaring that their constitution does not secure or protect the right to abortion or allow use of public funds for abortion.
- 16 states and the District of Columbia have laws that protect the right to abortion.
- 4 states and the District of Columbia have codified the right to abortion throughout pregnancy without state interference.
- 12 states explicitly permit abortion prior to viability or when necessary to protect the life or health of the pregnant person.
Printer-friendly version
TOPIC
GEOGRAPHY
- Northern America: United States
- Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Related Content
Guttmacher Policy Review
*State Policy Resources: The Guttmacher Institute monitors and analyzes state policy developments—including legislative, judicial and executive actions — on a broad range of issues related to sexual and reproductive health and rights. These resources, on such issues as access to and availability of abortion, contraceptive services and sex education, are updated regularly to provide a comprehensive picture of the state policy landscape.
Bills Introduced: A bill to direct the attorney general to convene a national working group to study proactive strategies and needed resources for the rescue of children from sexual exploitation and abuse ... A bill to ensure access to Pandemic Unemployment Assistance for workers who are unable to obtain child and family care ... A bill to extend existing Supplemental Nutrition Assistance Program (SNAP) flexibilities for states during the COVID-19 pandemic ... A bill to temporarily waive section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 as applied to the Temporary Assistance for Needy Families (TANF) and SNAP programs ... A bill to make permanent the employer credit for paid family and medical leave. more »
Were the 3 Waves in 1918–1919 Caused by the Same Virus? If So, How and Why? Historical records since the 16th century suggest that new influenza pandemics may appear at any time of year, not necessarily in the familiar annual winter patterns of interpandemic years, presumably because newly shifted influenza viruses behave differently when they find a universal or highly susceptible human population. Thereafter, confronted by the selection pressures of population immunity, these pandemic viruses begin to drift genetically and eventually settle into a pattern of annual epidemic recurrences caused by the drifted virus variants. In the 1918–1919 pandemic, a first or spring wave began in March 1918 and spread unevenly through the United States, Europe, and possibly Asia over the next 6 months. Illness rates were high, but death rates in most locales were not appreciably above normal. A second or fall wave spread globally from September to November 1918 and was highly fatal. In many nations, a third wave occurred in early 1919. more »
Personal Income and Outlays: Current-dollar personal income increased $1.39 trillion in the second quarter, compared with an increase of $193.4 billion in the first quarter. The increase in personal income was more than accounted for by an increase in personal current transfer receipts (notably, government social benefits) that was partly offset by declines in compensation and proprietors' income (table 8). ... Disposable personal income increased $1.53 trillion, or 42.1 percent, in the second quarter, compared with an increase of $157.8 billion, or 3.9 percent, in the first quarter. Real disposable personal income increased 44.9 percent, compared with an increase of 2.6 percent. more »
For years, most over-the-counter drugs followed requirements called "monographs" for each category of drugs (e.g., sunscreen or cough and cold medicine). To update a monograph, FDA followed the federal rulemaking process, which could take years. FDA said this process and insufficient resources limited its ability to quickly respond to safety issues. In March 2020, the CARES Act gave FDA new tools to regulate these over-the-counter drugs, such as a new process for updating and finalizing requirements, authority for FDA to collect user fees to support its activities, an expedited process for addressing serious safety issues. more »
|
|
