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Fast Facts
Abortion Bans After 12 Weeks
Have politicians succeeded in making abortion illegal in some cases? |
YES. In 2003, Congress passed the Federal Abortion Ban, which outlaws certain safe, medically appropriate abortion services often necessary to protect a woman’s health as early as the 12th week of pregnancy. It does not allow for any exceptions when a woman’s health is in danger. In April 2007, the Supreme Court declared the ban constitutional, thereby banning a safe abortion method nationwide. The court’s holding is contrary to its decision in 2000 that declared state bans on so-called “partial birth” abortion unconstitutional. The Court’s decision also gives the green light to states to enact further bans and other restrictions on abortion that disregard women’s health. All of these bans put politicians’ medical judgment above a doctor’s and would deny some women the medical care their doctors believe is safest for them. |
CURRENT STATE LAWS23 states have unconstitutional and unenforceable bans that could outlaw abortion as early as the 12th week of pregnancy, with no exception to protect a woman's health: AL, AK, AZ, AR, FL, ID, IL, IN, IA, KY, MI, MS, NE, NJ, ND, OK, RI, SC, SD, TN, VA, WV, WI.
3 states ban a safe abortion procedure without a health exception: LA, MO, UT.
1 state bans a safe abortion procedure with only a narrow health exception: OH. |
CURRENT FEDERAL LAWSIn November 2003, Congress passed and President Bush signed into law the Federal Abortion Ban, which bans a safe abortion procedure, without an exception to protect a woman’s health. The ban applies nationwide, even in states that have chosen not to enact these types of bans or that have constitutional or statutory protection for the right to choose that exceeds the protection provided by the federal Constitution. In April 2007, the U.S. Supreme court upheld the Federal Abortion Ban. |
2008 STATE LEGISLATION3 states considered 5 measures that could ban safe, medically appropriate abortion care as early as the 12th week of pregnancy, with no exception to protect a woman's health: HI, TN, WV.
8 states considered 17 measures that would ban a safe, medically appropriate abortion procedure without an exception to protect a woman's health: AK, AZ, KY, MI, MN, NH, WV, WI. |
2008 NOTABLE CASES
In May 2008, a three-judge panel for a federal circuit court ruled that a Virginia law banning a safe, pre-viability abortion procedure could not go into effect. The decision was issued on the grounds that the statute’s vague language would have outlawed the most common abortion methods as early as the second trimester and, as such, imposed an undue burden on a woman’s right to choose. However, the court later agreed to rehear the case before the full, 11-member court and as of this publication’s printing has not yet issued a decision.
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| For a map of all states with Abortion Bans After 12 Weeks - click here. | |
