Six red states have advanced bills to limit access to abortion, with Florida’s proposed 15-week ban the closest to passage.
Republican-majority states have been emboldened by signals that the Supreme Court will issue a ruling in June that essentially overturns the 1973 Roe v. Wade decision, which legalized abortion nationwide. The case, Dobbs v. Jackson Women’s Health Organization, poses the question of whether states can ban abortion before viability, the point at which survival is possible outside the womb — commonly estimated to be between 22 and 24 weeks of pregnancy. Justices held oral arguments in December, with the majority-conservative court signaling willingness to uphold the Mississippi law, possibly delivering a death blow to the precedent set by the Roe ruling.
Republican majorities in some states have also seen the unique law enacted in Texas survive early legal challenges and sought to re-create it. In Texas, abortion after a fetal heartbeat is detected is banned. It employs an unusual enforcement mechanism that gives private citizens, not state authorities, the power to sue rule-breakers with the promise of winning no less than $10,000. Under the Texas law, which was implemented in September last year, anyone who is believed to be aiding and abetting an abortion can be charged.
FLORIDA
Florida has appeared at the forefront of culture wars over policies concerning abortion access, education about gender, and the coronavirus pandemic. Gov. Ron DeSantis, a Republican and an ally to former President Donald Trump, is becoming a political heavy hitter who is considered a possible top candidate for the top office in 2024.
The state Legislature cleared a bill Thursday night that will shorten the deadline for legal abortion from 24 weeks to 15 weeks and would only allow for exceptions in the cases of fetal abnormalities or extreme danger to the life of the mother.
“As the evening hours winds down, the Florida Senate’s light shines bright. Thank you to Senator Kelli Stargel, President @WiltonSimpson and the Senators who believe that life matters,” Florida House Speaker Chris Sprowls tweeted after the vote.
The 15-week ban closely resembles the one being considered in the Supreme Court. DeSantis, who has signaled support for anti-abortion legislation in the past, is poised to sign it. If he does and the law is not successfully challenged in the courts, it is slated to go into effect on July 1.
SOUTH DAKOTA
In South Dakota, the state Legislature passed a proposal on Wednesday from Gov. Kristi Noem to require women seeking abortion-inducing medication to see a doctor in person three different times in order to undergo the procedure. The legislative effort comes after a federal judge struck down a state health department rule with the same objective. Under current state law, women take the first of two abortion-inducing drugs in the presence of a doctor but can take the second pill one or two days later at home. They have to see a physician for a follow-up visit.
The measure would make it illegal for women to be prescribed the pills through virtual doctor visits, a service that has proliferated during the pandemic due to concerns about exposure to COVID-19. The Biden administration recently made permanent a change in prescribing policy from the Food and Drug Administration, which authorized healthcare providers to prescribe the medications after a virtual consultation and send them through the mail.
The bill would not actually be enacted unless the state prevails in the federal court battle over the state Department of Health rule.
OKLAHOMA
In Oklahoma, the state Legislature is pushing several anti-abortion bills. The state House Committee on Public Health advanced a total abortion ban on Wednesday that would implement an enforcement mechanism similar to that of Texas. Last month, the Senate Health and Human Services Committee agreed on party lines to advance five anti-abortion bills to the full floor for a vote. Among those was a ban on abortions once a heartbeat is detected with the same enforcement tool as the Texas law. Another bill called for a ballot measure to amend the Oklahoma Constitution to stipulate that there is no guaranteed right to an abortion enshrined in the document.
IDAHO
The Idaho Senate voted on Wednesday to advance a similar heartbeat bill that makes exceptions for cases of rape or incest. It would also open the door for an abortion provider to be sued by a patient, the unborn child’s father, grandparents, siblings, aunts, or uncles up to four years after the abortion is performed or attempted.
“This bill establishes civil liability for abortionists who perform abortions after a heartbeat can be detected,” Republican Sen. Patti Anne Lodge said. “This civil cause of action exists independent of any criminal charges.”
Anyone who sues can seek up to $20,000 in damages. The bill now goes to the House for further action.
WYOMING
The Wyoming House on Wednesday passed a piece of abortion legislation known as a “trigger” law. If passed, it would ban abortion outright in the state in the event that the Supreme Court rules to uphold the Mississippi abortion law in June. The bill will now be considered in the Senate. The law would allow for exceptions in the event that the woman’s life will be endangered or if there is a risk of “irreversible physical impairment” if she carries the pregnancy to term. It does not make exceptions for cases of rape and incest.
KENTUCKY
The Kentucky House of Representatives voted 77-20 Wednesday to ban the telemedicine dispensing of abortion pills. The bill now moves on to the Senate, which is also ruled by a Republican supermajority. Shipment of the pills by mail would be banned under the measure, and it would require an in-person visit with a doctor, rather than a telehealth visit.
