13 states with trigger laws banning abortion

Wade on Friday morning, the Supreme Court said it was letting states make their own decisions about abortion.

Thirteen of them did well before Friday, passing trigger laws that automatically came into force as soon as the court overturned the landmark 1973 case. Each state, listed here from most to least population, took a different approach.

Texas – Effective in 30 days, it will be illegal to have an abortion in Texas. Texas law has the strictest punishment of any state, making abortion a first- or second-degree felony that can be punished with anywhere between two years in prison. There are no exceptions for rape or incest; There is an exception for medical emergencies. Texas’s trigger law was signed in June 2021 by Republican Gov. Greg Abbott.

Tennessee – Effective in 30 days, abortion will be illegal in Tennessee and can carry a prison sentence of 3-15 years. There are no exceptions for rape or incest; The exception is for saving a woman’s life. Tennessee’s trigger legislation was signed in April 2019 by Republican Gov. Bill Lee.

Missouri – Effective immediately, abortion is illegal in Missouri and can carry a prison sentence of 5-15 years. There are no exceptions for rape or incest. The exception is in the case of medical emergencies. However, during the trial, the burden of proof would be placed on the medical staff, who would be compelled to prove that it was an emergency. Missouri’s law, passed in February 2019 and signed by Republican Governor Mike Parson, also included proclamation provisions for an attorney general and/or governor, but Parson announced that early Friday.

Louisiana – Effective immediately, abortion is illegal in Louisiana and can carry a prison sentence of 10 to 15 years. There are no exceptions for rape or incest. Louisiana passed a trigger ban in 2006, but Democratic Gov. John Bel Edwards updated the law earlier this week. The 2006 law made abortion punishable by up to two years in prison, but the new law that Edwards supported increased the penalty. The law allows exceptions if the fetus will not survive after birth, for ectopic pregnancies and to save a woman’s life.

Kentucky – Effective immediately, performing an abortion in Kentucky is illegal and can carry a prison sentence of one to five years. There are no exceptions for rape or incest. Abortion is allowed only to save a woman’s life. Matt Bevin, a Republican then-government, signed it into law in March 2019.

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Oklahoma – Effective immediately, performing an abortion is illegal in Oklahoma and carries a prison sentence of two to five years. There are no exceptions for rape or incest. There is an exception for medical emergencies. Oklahoma’s trigger law was passed in March 2021 and signed by Republican Gov. It included an Attorney General provision, and Attorney General John O’Connor certified the decision Friday morning.

Utah – Expected to take effect within a few days, performing an abortion would be illegal in Utah and could carry a prison sentence of one to 15 years. Utah law makes exceptions for rape and incest but requires a police report. The law also allows exceptions in medical emergencies. Utah’s trigger law was passed in 2020 and signed by the then-Govt. Gary Herbert, a Republican. The law requires Utah’s state legislature to go through a full process following the Supreme Court’s decision to overturn Roe v. Wade before formally outlawing abortion in the state.

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Arkansas – Effective immediately, abortion is illegal in Arkansas and carries a prison sentence of up to 10 years. There are no exceptions for rape or incest; The exception is for saving a woman’s life. Arkansas passed its legislation in February 2019, with Republican Gov. Asa Hutchinson signing the law.

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Mississippi – Effective in about 10 days, abortion will be illegal in Mississippi and can carry a prison sentence of one to 10 years. Mississippi law makes exceptions for rape and for saving a woman’s life. There is no exception for incest. And the rape exception only applies if “a formal allegation of rape has been filed with an appropriate law enforcement officer.”

The Mississippi Act, passed in 2007 and signed by then-Govt. Haley Barbour, a Republican, needs the state attorney general to ratify the Supreme Court’s decision to begin the 10-day countdown. Mississippi Attorney General Lynn Fitch gave her full support of the Supreme Court’s decision on Friday, but it did not count as official certification. its chief of staff told mississippi today: “We intend to give the opinions and analysis considered by law the thoughtful attention they deserve.” His official word is likely to come in a few days, given the celebration of Fitch’s decision.

Idaho – Effective in 30 days, abortion will be illegal in Idaho and can carry a prison sentence of two to five years. There are exceptions to incest and saving a woman’s life. There is also a technical exception to rape, but it requires a woman to file a police report and see a doctor, which is essentially impossible because police almost never share files in an ongoing investigation. Idaho actually did Roe v. Wade’s decision, but repealed it in the 1990s before passing a new law signed by Republican Governor Brad Little in March 2020.

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South Dakota – Effective immediately, abortion is illegal in South Dakota and carries a prison sentence of two years. There are no exceptions for rape or incest; There is an exception for medical emergencies. South Dakota’s trigger law passed in 2005 and was signed by the then-Govt. Mike Rounds, a Republican.

North Dakota – Effective in about 30 days, performing an abortion in North Dakota will be illegal and can carry a prison sentence of up to five years. There are exceptions to rape, incest and saving a woman’s life. North Dakota’s trigger ban was passed in 2007 and signed by the then-Govt. John Howen, a Republican. North Dakota’s law also provides for an attorney general. Attorney General Drew Wrigley said his “office is evaluating Dobbs’ opinion in every detail and will carefully consider its impact on North Dakota’s abortion laws.”

Wyoming – Effective within days, performing an abortion in Wyoming would be illegal and could result in a prison sentence of up to 14 years. There are exceptions to rape, incest and saving a woman’s life. Passed earlier this year and signed by Republican Gov. Mark Gordon, Wyoming’s trigger law has a complicated initiation process. Abortion would be outlawed in the state five days after Gordon completed that procedure.

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