STATES WITH TRIGGER LAWS

 

Here is a look at what some of the states with “trigger laws” have already done:

Arizona: The statute criminalizes abortion and allows anyone who helps a woman obtain an abortion-inducing drug or performs or aids in a surgical abortion to be sentenced to two to five years in prison. The only exception is if an abortion is required to save the woman’s life.

Arkansas: The statute bans all abortions “except to save the life of a pregnant woman in a medical emergency.” It also criminalizes performing or attempting to perform an abortion and applies a penalty of up to a decade in prison or a fine  of up to $100,000. It does not authorize the bringing of charges against the pregnant woman.

Idaho: The statute criminalizes all abortions as punishable by up to five years in prison, except in cases where the abortion is performed “to prevent a pregnant woman from dying, or in cases of rape or incest.” Idaho also mandates that any healthcare professional who performs or attempts to perform an abortion will have their license suspended for at least six months for the first offense and permanently for subsequent offenses.

Kentucky: The statute bans all abortions except those in which a physician “in reasonable medical judgment” finds the abortion “necessary . . . to prevent the death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman.” Even in those cases, however, the statute demands that the physician “shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of the unborn human being in a manner consistent with reasonable medical practice.” Under Kentucky’s law, the performing of an abortion is a felony punishable by up to five years imprisonment.

Louisiana: This law, very similar to Kentucky’s, also bans all abortions except those “necessary in reasonable medical judgment to prevent the death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman.” Louisiana also requires that doctors in those exceptional circumstances make reasonable medical efforts to “preserve both the life of the mother and the life of her unborn child in a manner consistent with reasonable medical practice.” The statute sets out penalties of fines of $1,o00 and up to two years’ imprisonment.

Mississippi: Mississippi’s law is set to go into effect 10 days after its state attorney general determines that the U.S. Supreme Court has overruled Roe v. Wade and has deemed it “reasonably probable” that the state law would be upheld by SCOTUS as constitutional. The law bans all abortions except those necessary to preserve a mother’s life and in cases when the pregnancy was the result of rape. In order for the rape exception to apply, however, “a formal charge of rape” must have been filed with “an appropriate law enforcement official.” Violators of the law will face up to 10 years imprisonment.

Missouri: Missouri’s statute criminalizes all abortions except those performed “because of a medical emergency,” and specifies that any medical professional who performs an abortion risks suspension or revocation of their license. The statute clarifies that a woman “upon whom an abortion is performed or induced” shall not be prosecuted for conspiracy. Missouri makes performing an abortion a Class B felony which carries a penalty of between five and 15 years in prison.

North Dakota: Criminalizes abortion except in cases necessary to save the pregnant woman’s life, and in cases where pregnancy “resulted from gross sexual imposition, sexual imposition, sexual abuse of a ward, or incest.” As a Class C felony, the offense carries a penalty of up to five years imprisonment and up to a $10,000 fine. North Dakota’s law would go into effect after its legislature “approves by motion the recommendation of the attorney general to the legislative council that it is reasonably probable that this Act would be upheld as constitution.”

Oklahoma: Makes all abortions illegal except those to save the life of the pregnant woman. Under the law, performing an abortion or attempting to perform one is a felony punishable by a maximum fine of $100,000 or a maximum of 10 years in state prison, or both. month that would make performing abortions illegal in the state, only allowing exceptions to save the life of the pregnant woman.

In May, Oklahoma Governor Kevin Stitt (R) signed a bill into law that allows private citizens to sue abortion providers or anyone who helps a woman obtain an abortion for up to $10,000. Stitt declared that his wish is for “Oklahoma to be the most pro-life state in the country.”

South Dakota: Criminalizes any abortions administered “to any pregnant female” unless “there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female.” Abortions in South Dakota are a  Class 6 felony, which carry a maximum penalty of  2 years imprisonment and a $4,000 fine. South Dakota’s trigger law has been on the books since 2005, and it provides that the restriction goes into effect as soon as the Supreme Court recognizes state “authority to regulate abortion at all stages of pregnancy.”

Tennessee: The state’s 2019 “Human Life Protection Act” makes providing or attempting to provide an abortion a felony unless the abortion “was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.” Penalties include prison time of three to 15 years fines of up to $10,000, and loss of voting rights.

Texas: Makes it a first-degree felony to perform or induce an abortion “if the unborn child dies as a result of the offense,” and a second-degree felony for anyone who “knowingly performs, induces, or attempts an abortion.” The only exception is if a pregnancy would kill or severely injure the pregnant woman. Making abortion a first-degree felony puts the crime on par with as attempted capital murder, aggravated kidnapping, aggravated robbery, and aggravated sexual assault, and subjects the offender to a sentence of 5 to 99 years in prison and a fine of at least $100,000 for each offense. A Texas statute that is the subject of current challenges also allows private citizens to enforce abortion restrictions.

Utah: Utah’s 2020 law declares that life begins at embryonic implantation, and will make it illegal to provide an abortion except in cases of rape, incest or a health emergency that threatens the life of the mother. The applicable sentence is one to 15 years, with a fine of up to $10,000.

Wyoming: Will outlaw all abortions, effective five days after the governor, on advice of the attorney general, certifies to the secretary of state that SCOTUS has overruled Roe v. Wade. Wyoming allows limited exceptions for cases of sexual assault, incest, or the risk of death or severe injury to the person giving birth.

What’s happening in some states that lack trigger laws, but that are nevertheless poised to restrict abortion in the immediate wake of the Dobbs decision.

Iowa: Abortion is currently legal in Iowa until 20 weeks of pregnancy. However, Republican lawmakers are also working to pass an amendment to the Iowa Constitution overturning a recent state court decision protecting the right to have an abortion. If that effort succeeds, Iowa’s GOP-controlled legislature and governor have promised to further restrict abortion access.

Florida: Gov. Ron DeSantis (R) signed a bill in April that bans most abortions after 15 weeks. The law will take effect July 1, and will replace the prior statute that allowed abortions until 24 weeks of pregnancy. No exceptions are allowed for rape or incest, but abortion is allowed to save the life of a pregnant person or prevent serious injury to them.

Alabama: Gov. Kay Ivey (R) signed into law the Alabama Human Life Protection Act in 2019, which would outlaw most abortions. A federal judge temporarily blocked the law shortly after Ivey’s signing.

Georgia: Under Georgia’s 2019 law, abortions are illegal after cardiac activity has been detected in an embryo (typically, at about 6 weeks of pregnancy). There is a pending lawsuit in the U.S. Court of Appeals for the 11th Circuit challenging the law that is currently on hold pending the SCOTUS decision.

Indiana: Abortion in Indiana is currently legal up to the 22nd week of pregnancy, though state legislators have tried several times to ban or seriously restrict abortion access. Indiana’s Republican supermajority in the legislature is expected to pass a highly-restrictive abortion law quickly following the SCOTUS ruling in Dobbs.