Published on : 25/06/2022 – 03:40Modified : 25/06/2022 – 15:19
No sooner had the Supreme Court ruled that the right to abortion was not enshrined in the US Constitution than some states made the procedure illegal on Friday. Ultimately, half of the country’s states could prohibit or restrict the right to abortion.
The Supreme Court on Friday June 24 returned the freedom to the 50 American states to ban abortion on their soil and a handful of them seized it immediately, half of the States having, in fine, to seize it.
Thirteen states, especially in the more religious and conservative South and Center, have in recent years adopted so-called “zombie” or “trigger” laws, drafted to take effect automatically in the event of a change in Supreme Court jurisprudence.
Within hours of the decision being released, at least seven states have instituted them. Missouri’s attorney general announced on Friday that his state has become the “first” to ban abortion. This was followed in particular by Arkansas and Oklahoma, where the authorities immediately applied the new ban.
Finally, Texas or Tennessee have a period of 30 days between the publication of the judgment and the entry into force of the new ban.
These laws prohibit abortions with nuances: Idaho provides exceptions in the event of rape or incest, Kentucky only in the event of danger to the life of the pregnant woman; Louisiana provides up to ten years in prison for health professionals, Missouri up to fifteen…
Four additional states (Georgia, Iowa, Ohio and South Carolina) have laws prohibiting abortions as soon as the heartbeat of the embryo is perceptible, around six weeks of pregnancy, when most women are still unaware that they are pregnant.
Blocked by justice because it violated the legal framework in force until then, that of Ohio came into force on Friday, and this should soon be the case for the texts of the three other states.
Several states have laws written before Roe v. Wade in 1973, which established the right of American women to have an abortion. Shelved for nearly 50 years, they could theoretically be immediately reactivated, but nothing is certain.
Taking note of the legal risk, the powerful organization Planned Parenthood does not plan any abortion from the end of June in Wisconsin where the Democratic governor defends the right to abortion but not the majority Republican parliamentarians.
In Michigan, Democratic Attorney General Dana Nessel added to the confusion by promising not to prosecute people who violate the 1931 law if it becomes active again. Local prosecutors will still be able to do so, and the state risks becoming a complex patchwork.
In Arizona, Republican Governor Doug Ducey believes that a law passed in 2022 to ban abortions after 15 weeks of pregnancy will preempt previous texts, but senators in his party do not hear it that way and he will no doubt return to the courts to clarify the situation.
Four States have, according to the Guttmacher Institute, sent signs unfavorable to abortion, but do not currently have the texts to prohibit them.
The elected officials of Nebraska or Indiana failed to pass such laws. Those of Montana and Florida have reduced the legal deadlines for terminating a pregnancy, but the supreme courts of these states currently protect the right to abortion on their soil.
Twenty-two states – mostly on the West Coast and in the Northeast – will retain the right to abortion and some have even taken steps to expand access to abortions, including allowing more health professionals to perform them. or by increasing funding for clinics.