Laws have been passed to ban or restrict abortion across the entire South as conservative legislators act in the wake of the 2022 Dobbs v. Jackson Women’s Health Organization decision that gave constitutional authority for abortion regulation to the states.
With the exception of Virginia, all the southern states have new laws restricting abortion, after South Carolina on Thursday enacted a ban on the procedure after six weeks. The restrictions vary, from banning abortion after 12 weeks in North Carolina to total bans in several states, but they all significantly regulate abortion to an extent that would not have been possible under Roe v. Wade, the 1973 decision legalizing abortion nationwide that was overturned by Dobbs.
FOOD STAMPS: HOW DEBT CEILING TALKS COULD AFFECT PEOPLE ON SNAP BENEFITS
“After Dobbs, what we started to see is the states really flex their power and the ability of what they can do at that time,” state legislative director for the National Right to Life Committee Ingrid Duran told the Washington Examiner. “The mission kind of changes depending on the cards that you’re deal … If the best [states] can do is 12 weeks [or] 15 weeks, then they’re going to be pursuing that.”
The American Journal of Roentgenology notes that a gestational heartbeat is detectable via ultrasound typically at six weeks of pregnancy. A fetus in the womb can feel pain between 12 and 15 weeks, according to the Charlotte Lozier Institute, an anti-abortion research group.
In addition to the total abortion bans being enforced in Idaho, North Dakota, and South Dakota, 10 states in the southeast and south-central regions of the country have entirely or mostly prohibited abortion, forming a continuous area of over 720,000 square miles across the country.
Here are the updated laws:
- Virginia — the exception: Abortion is restricted after 26 weeks and 6 days in Virginia. Commonwealth Democrats blocked a 15-week abortion ban in January that was a legislative priority for Gov. Glenn Youngkin (R-VA), making the Old Dominion the least restrictive state in the region for abortion access. Exceptions after this time limit include saving the life of the mother or preventing serious complications for her physical or mental health.
- Florida: Florida governor and presidential hopeful Ron DeSantis (R-FL) signed a six-week abortion ban into law last month, but for now, pending judicial review, the Sunshine State is only enforcing a 15 weeks and 6 days ban.
- North Carolina: Abortion is restricted after 12 weeks. Legislators last week were able to successfully override Gov. Roy Cooper’s (D-NC) veto of a 12-week abortion ban, making the state less likely to be a destination for abortion “tourism.” Rape and incest exceptions extend up to 20 weeks, and the fetal anomaly exception extends to 24 weeks of pregnancy.
- South Carolina: Abortion is restricted after six weeks: Gov. Henry McMaster (R-SC) on Thursday signed a “heartbeat” bill limiting abortion after six weeks of pregnancy, with a 12-week exception for cases of rape and incest.
- Oklahoma: Oklahoma instituted a total abortion ban in May 2022, nearly one month before the official release of the Dobbs decision. The only exception to the total abortion ban is for the protection of the life of the mother
- Missouri: Missouri had in place a “trigger” law, which outlawed all abortions immediately upon the official release of the Dobbs decision. The only exception to the total ban is for the protection of the life of the mother
- Arkansas: Arkansas had a trigger law that outlawed all abortions immediately upon the official release of the Dobbs decision. The only exception to the total ban is for the protection of the life of the mother.
- Alabama: Alabama had a trigger law that outlawed all abortions immediately upon the official release of the Dobbs decision. The only exception to the total ban is for the protection of the life of the mother or for the physical safety of the mother. Alabama legislators recently introduced legislation to prosecute abortion as murder.
- Louisiana: Louisiana had a trigger law that outlawed all abortions immediately upon the official release of the Dobbs decision. The exceptions to the rule include protecting the life or physical safety of the mother and the likelihood of fetal survival. Efforts to include exceptions for rape and incest were thwarted earlier this month.
- Texas: Texas’ trigger law took effect 30 days after the Dobbs decision, totally banning abortion in July 2022, with the only exception being the protection of the life or physical health of the mother. As of March 2023, 13 patients in Texas have filed suit against the state, claiming that the law has put their lives at risk.
- Mississippi: Mississippi passed a total abortion ban in July 2022. The exceptions to the total ban include protecting the life and physical safety of the mother as well as the fetus developing serious health issues during the pregnancy. Well before Dobbs, former Gov. Phil Bryant (R-MS) signed legislation in 2018 that prohibited abortion past 15 weeks.
- Kentucky: Kentucky began enforcing a total abortion ban passed in 2019 in August 2022, with the only exceptions being the protection of the life and physical health of the mother. A bill is currently in the Kentucky State House seeking to raise the abortion limit to 15 weeks and includes rape and incest exceptions.
- Tennessee: Tennessee began enforcing a total abortion ban passed in 2019 in August 2022, with protecting the life and physical health of the mother and the unlikelihood of fetal survival being the only exceptions. A six-week ban took effect immediately after Dobbs was announced and before transitioning into the total ban.
- West Virginia: West Virginia was the last southern state to institute a total abortion ban in September 2022. Although the ban went into effect immediately, the criminal penalties for performing abortion procedures only began to apply 90 days after being signed by Gov. Jim Justice (R-WV).
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
President of March for Life Jeannie Mancini told the Washington Examiner that she is “greatly encouraged to see numerous states are passing legislation that protects innocent human life and acknowledges the dignity of unborn children.
“[P]ro-life momentum is rapidly building as more Americans understand the dangers that late-term abortions pose not only to unborn babies but also women. Our hope is that Virginia will soon join its neighbors and the many other states that have incorporated compassionate and commonsense protections,” Mancini said.
