Who Will Refuse Abortion Bans?

About a month ago, a leaked draft memo was released announcing that the Supreme Court was initiating conversation surrounding enactments that would overturn the court decision of Roe v. Wade (1973)– the monumental court case that has given women the legal freedom of choice over their bodies for generations, by granting abortion as a constitutional right. Overturning this court decision would eliminate the current federal protections around abortion and the ability to receive one in many states, as it would give states the power to decide the legislation surrounding the future power, or the lack thereof, that women will have over their bodies.

Since this possible overturning, there have been daily releases of updates surrounding the Supreme Courts actions, and relatively the actions that states have simultaneously been taking. After the leak, many states within the US have given great signal as to whether or not they would restrict or ban abortion in coordination to the national decision. Not surprisingly, the overturning of Roe v. Wade would essentially create a country divided upon banning, or not banning, abortion.

According to NPR.com in early May of this year, 18 states have “trigger laws” to ban abortion after Roe v. Wade is overturned (Figure 1.1). To clarify, trigger laws are laws placed ‘in the books’ to be implemented after the overturning; however, it is important to note that different states have different implementation mechanisms for said trigger laws.

More recently, in opposition as of June 18th, 2022, a list of 8 state and local officials- including some within states that have ‘trigger laws’ in place- have publicly announced that they do not plan on enforcing abortion bans. These locations include: DeKalb County, GA; Orleans Parish, LA; Michigan; Durham County, NC; Radnor Township, PA; Austin and Bexar County, TX; Fairfax County, VA; and Wisconsin, according to the Hill.

Updates on the status of states in regards to their stance on abortion policy, and the announcement of such stances, are changing daily. Overturning the Supreme Court decision Roe v. Wade would be a country altering decision- one on behalf of the United States Federal Government.

This blog post is part of the CIMA Law Group blog. If you are located in Arizona and are seeking legal services, CIMA Law Group specializes in Immigration Law, Criminal Defense, Personal Injury, and Government Relations.