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FAST FACTS ABOUT ANTI-CHOICE ISSUES:

FAST FACTS ABOUT PRO-CHOICE ISSUES:

Who Decides?
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Fast Facts

Near-Total Abortion Bans

Could the government really outlaw abortion if the U.S. Supreme Court overturns Roe v. Wade?

Yes. If Roe vs. Wade was overturned, it would open the door for anti-choice lawmakers in state and federal governments to enact and enforce laws banning abortion.  In fact, some states already have abortion bans on the books, either from before Roe or because they enacted laws after Roe hoping to prompt the Supreme Court to overturn it.  Currently, these bans are unenforceable; however, if Roe is overturned they will immediately become enforceable.  Still other states have anti-choice legislatures and governors that are likely to enact abortion bans if Roe is overturned.

CURRENT STATE LAWS

15 states have unconstitutional and unenforceable near-total criminal bans on abortion:  AL, AZ, AR, CO, DE, LA, MA, MI, MS, NM, OK, UT, VT, WV, WI.

  • 2 of these bans were enacted after Roe v. Wade:  LA (1991) and UT (1991).

4 states have laws that would impose near-total criminal bans on abortion if the Supreme Court overturns Roe v. Wade (sometimes known as "trigger" bans):  LA, MS, ND, SD.

2008 STATE LEGISLATION

12 states considered 22 near-total bans on abortion:  AL, GA, MD, MS, NH, OH, OK, SC, SD, TN, UT, VA.

2 states considered 2 measures that would impose near-total criminal bans on abortion if the Supreme Court overturns Roe v. Wade (sometimes known as "trigger" bans):  OK, VA.

For a map of all states with Near-Total Abortion Bans - click here.

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