Advocates on both sides of the abortion debate anticipate that come July, the Supreme Court will have overturned Roe v. Wade and with it the constitutional right to abortion, handing anti-abortion activists a victory they have sought for five decades. But from Florida to Idaho, Republican-led state legislatures are not waiting. They are operating as if Roe has already been struck down, advancing new restrictions that aim to make abortion illegal in as many circumstances as possible. Under Roe, s
An abortion rights activist takes part in a candlelight vigil outside the Supreme Court in Washington on Dec. 13, 2021.
Abortion opponents were encouraged enough by the arguments before the Supreme Court in December that the general counsel for Americans United for Life told states that they “should not hesitate to pass the strongest abortion limits possible.” The Guttmacher Institute, which supports abortion rights, counts at least 531 anti-abortion restrictions introduced in 40 states this year.
Now, given the anti-abortion leanings of three justices appointed by former President Donald Trump, and the questions the justices posed, both sides believe the court will say that there is no constitutional right to abortion. Oklahoma, for example, already has a trigger ban. But the new proposal for a ban after 30 days would effectively rule out abortion, given that the state requires women to wait 72 hours after consulting with a medical provider, and the average menstrual cycle is 28 days.
Most bills have provisions to allow abortion to save the life of the mother. But even on that, states are cracking down. An Oklahoma proposal says that providers should not be allowed to terminate a woman’s pregnancy “based on a claim” that she intends to kill herself if she cannot get an abortion. That bill also classifies abortion as homicide.
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