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Abortion Bans Throughout Pregnancy

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Have politicians succeeded in making abortion illegal in some cases?

YES. In 2007, the Supreme Court declared the Federal Abortion Ban constitutional in Gonzales v. Carhart. That ban outlaws certain safe, medically appropriate abortion care often necessary to protect a woman’s health as early as the 12th week of pregnancy. While the Federal Abortion Ban applied nationwide, the court’s decision also gave states the green light to enact further bans and other restrictions on abortion that disregard women’s health.

Sadly, we have seen this exact scenario play out: in 2010 Nebraska enacted the very first ban on abortion after 20 weeks, with no exception to protect a woman’s health; many other states quickly followed suit. Anti-choice politicians have since grown even bolder by banning abortion earlier and earlier in pregnancy (see also: Near-Total Abortion Bans). These bans are part of an alarming, coordinated effort to lure the Supreme Court into dismantling the protections established by Roe v. Wade.

Abortion Bans by Week:

Bans abortion at a certain week of pregnancy

Current State Laws

12 states ban abortion after 20* weeks without an adequate health exception: AL, AZ, AR, GA, ID, IN, KS, LA, NE, ND, OK, TX.

*Note: Arizona’s law is written in such a way that it could apply two weeks earlier than similar laws in other states.

1 state bans abortion after 12* weeks without an adequate health exception: AR.

*Note: Arkansas’ law is written in such a way that it could apply two weeks earlier than is written in the statute.

2013 Enacted State Legislation

3 states enacted 3 bans on abortion after 20 weeks without an adequate health exception: AR, ND, TX.

1 state bans abortion after 12 weeks without an adequate health exception: AR.


Abortion Bans by Procedure:

Bans a type of abortion procedure

Current State Measures

20 states have unconstitutional and unenforceable procedure bans that could outlaw abortion as early as the 12th week of pregnancy, with no exception to protect a woman’s health: AL, AK, FL, ID, IL, IN, IA, KY, MI, MS, NE, NJ, ND, OK, RI, SC, SD, TN, WV, WI.

9 states ban a safe abortion procedure with no health exception: AZ, AR, KS, LA, MI, MO, NH, UT, VA.

1 state bans a safe abortion procedure with only a narrow health exception: OH.


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