By Peter Pinedo
Washington D.C., Mar 20, 2023 / 12:52 pm
Since the Supreme Court reversed Roe v. Wade in June 2022, the abortion battle has moved to the states.
Now that abortion is no longer considered a federally guaranteed constitutional right, individual states are allowed to determine their abortion policies. This means that each state legislature has a renewed importance when it comes to the abortion fight.
While 13 states have passed total abortion bans, many states have moved in the opposite direction, enshrining abortion as a state constitutional right.
Here is what is happening in the abortion battle right now.
Wyoming bans abortion pills
Republican Gov. Mark Gordon of Wyoming signed a bill banning abortion pills into law on Friday. The ban is set to take effect July 1 and makes it a felony to prescribe, sell, or use abortion drugs. The bill explicitly states that “a woman upon whom a chemical abortion is performed or attempted shall not be criminally prosecuted.”
Violations of the abortion pill are punishable by six months in prison and a $9,000 fine. This is the first law specifically banning chemical abortion in the U.S., though other states have restricted or banned the use of abortion pills as part of their abortion bans.
Additionally, Wyoming’s “Life is a Human Right Act” also took effect last week without the governor’s signature. This new law declares abortion the killing of a child and bans it except in cases of rape, incest, fetal abnormality, and the life of the mother. As another Wyoming total abortion ban remains blocked, it is uncertain whether this new law will be able to take effect.
Utah bans abortion clinics
Utah Gov. Spencer Cox, a Republican, signed a bill last week that prohibits abortions outside of hospitals and bans clinics that only offer abortion. The bill prohibits the licensing of abortion clinics after May 2, 2023, and makes it a criminal offense for out-of-state actors to prescribe abortion drugs to Utahns.
The law is set to take effect on May 3.
North Dakota abortion ban remains blocked
The North Dakota Supreme Court ruled Thursday that a state law banning abortion will remain blocked as it works its way through the state’s court system. This means that abortion remains legal through 22 weeks in North Dakota for the time being.
Minnesota considers offering legal protection to abortionists
Minnesota lawmakers introduced a bill today offering legal protection to abortionists who provide abortions to out-of-state women. The law would prevent state courts or officials from complying with extraditions, arrests, or subpoenas from other states over abortions provided within Minnesota. Democrats hold majorities in both houses of the Legislature as well as the governorship, making this bill likely to pass.
Arkansas authorizes ‘monument to the unborn’
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Arkansas, which has banned abortion within the state, has now authorized the construction of a “monument to the unborn” on the state capitol grounds in Little Rock.
Republican Gov. Sarah Huckabee Sanders signed the law authorizing the monument last week. The monument, which will be privately funded, will mark the number of abortions that were committed in Arkansas before the U.S. Supreme Court overturned Roe v. Wade.
California proposes protecting doctors who mail abortion drugs
California lawmakers introduced legislation Friday to protect doctors from any legal repercussions for sending abortion drugs to women in states where the drugs are banned.
Texas judge considers halting abortion pill sales
Matthew Kascmaryk, a federal judge for the Northern District of Texas, is weighing whether to overturn the FDA’s approval of the abortion drug mifepristone. The judge heard arguments from the Alliance Defending Freedom and lawyers representing the FDA on Wednesday.
According to the Associated Press, Kacsmaryk stated he would issue a ruling “as soon as possible.” This case has national implications as a pro-life ruling could potentially halt the distribution of the drug used in over half of the nation’s abortions.
