Three states including Idaho, Tennessee, and Texas are slated to have abortion trigger bans take effect by the end of August in the wake of the Supreme Court‘s June decision to overturn Roe v. Wade.
Although the Supreme Court’s ruling on Dobbs v. Jackson Women’s Health Organization came back in late June, the high court’s judgment did not go into effect until July 26. The three states are part of a group of 13 with laws designed to be “triggered” and take effect immediately without the need for further action once Roe was overturned — but some laws require 30 days for enforcement measures to go into effect or need certification from the state’s attorney general. This Wednesday marks 30 days.
ABORTION TRIGGER LAWS EXIST IN 13 STATES: HERE’S WHERE LEGAL CHALLENGES STAND
For Idaho, Tennessee, and Texas, abortion bans in these states are about to become much stricter after Aug. 25, when these states are allowed to have their near-total bans take effect.
Idaho
Idaho has already imposed limits on abortion after six weeks of gestation in a law that went into effect on Friday. The state will enforce a near-total ban on abortion starting Wednesday with the exception of a medical emergency or rape. Doctors who perform abortions outside of this range will be subject to punishment of up to five years in prison.
Court intervention could temporarily delay this matter because the Justice Department sued Idaho earlier this month to block the law and a Monday court hearing was held by the Boise-based U.S. District Judge B. Lynn Winmill, an appointee of former President Bill Clinton.
Winmill signaled he had similar concerns with the law as those brought by President Joe Biden’s administration, arguing the law could discourage doctors from offering emergency abortions as required under the federal Emergency Medical Treatment and Labor Act.
“It would be [a] rare situation where a doctor is willing or anxious to push the limits and go right up to the edge of what is allowed under the Idaho statute,” Winmill said during the Monday hearing.
Tennessee
Tennessee has banned abortion once cardiac activity is detected, around six weeks of gestation, since the June 24 high court decision in Dobbs.
Nearly all abortions will be outlawed by Wednesday except in cases related to preventing a fatal outcome or serious injury to a mother. There are no exceptions for rape or incest.
Texas
Due to an existing law from before Roe, abortion has already been outlawed in the state of Texas, with the current ban making no exceptions for rape or incest.
The enforcement of its trigger law on Aug. 25 will increase punishments for medical practitioners involved in an illegal abortion, putting them at risk of life in prison and fines upward of $100,000. The law only makes exceptions for pregnant women undergoing medical emergencies.
Indiana and Arizona bans
Indiana was the first state to pass new legislation following the consequential Supreme Court decision, and its near-total ban is slated to go into effect on Sept. 15. The state will allow exceptions in the case of a medical emergency, rape, or incest, though the law imposes a lengthy process for acquiring permission to perform an abortion under these exceptions.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
Arizona’s ban on abortion after 15 weeks of gestation is slated to take effect on Sept. 24, imposing criminal charges for any physicians who conduct abortion procedures. A much stricter ban is being considered by the state’s courts regarding a request from the state attorney general.
