Measures restricting or protecting abortion are flooding state legislatures in the United States ahead of the Supreme Court's decision, which could alter the legal framework that has governed its practice for 50 years.
A total of 1,844 provisions related to sexual and reproductive health and rights have been introduced in 46 states over the past month and a half, according to the Guttmacher Institute, which defends abortion rights.
Lawmakers in southern Republican-led states have introduced laws tightening restrictions on abortion, while their counterparts in Democrat-ruled states raised measures protecting women's right to decide.
The legislative frenzy comes at a time when the Conservative-dominated Supreme Court on account of the nomination of three judges by former President Donald Trump, is poised to possibly repeal “Roe v. Wade,” an iconic 1973 decision that kept access to abortion a constitutional right.
In a 1992 verdict, known as “Planned Parenthood v. Casey,” the court guaranteed a woman's right to have an abortion until the fetus is viable outside the womb, which usually occurs between 22 and 24 weeks.
In September, the highest court in the nation, which has a conservative majority in a 6-to-3 ratio, refused to block a Texas law banning abortion after six weeks, before most women even know they are pregnant.
In December, following oral arguments about the Mississippi Law — which would ban most abortions after 15 weeks — the conservative majority of the court seemed inclined not only to uphold the law but to reject the “Roe vs. Wade” (film).
The Supreme Court expects to process a decision in the Mississippi case in June.
Members of the religious and conservative right are optimistic.
“We hope that the Supreme Court will soon recognize the right of people in every state to enact laws that protect unborn children and their mothers,” said Sue Liebel, of the anti-abortion organization Susan B. Anthony List.
Alexis McGill Johnson, president of Planned Parenthood, which operates a number of abortion clinics across the country, says that signs from the court have given politicians “the green light to move forward with their own unconstitutional bans, diminishing access to abortion state by state, region by region.”
- Idaho restrictive legislation -
According to the Guttmacher Institute, abortion restrictions were introduced in 41 of the 50 U.S. states between January 1 and March 15.
In Missouri, a bill would ban abortion in cases of ectopic pregnancy (pregnancies outside the uterus, mainly in the fallopian tubes), even though they are not viable and endanger the mother's health.
Another measure in Missouri would prohibit travel out of state to have an abortion.
The laws are currently only in the preliminary stage and would have to be passed by both houses and signed by the governor.
Legislation restricting abortion in other states is moving faster, with some referring to Texas law, which empowers the public to sue doctors who perform abortions — or anyone who facilitates them — once heartbeats are detected in the womb.
These citizens can be rewarded with $10,000 for initiating civil lawsuits that land in court, raising criticism about how the state would be promoting people to practice law on their own.
Idaho lawmakers passed a bill last week that is also based on Texas' ban on abortions after six weeks of pregnancy. It allows relatives of “unborn children” to file lawsuits against abortion providers.
The bill is awaiting the signature of the Republican Governor, Brad Little.
Unlike Texas law, the Idaho bill allows exceptions for rape or incest if a police report is filed with the authorities.
Similar laws are in progress in Missouri, Oklahoma and Wisconsin.
- Referendum in Vermont -
Two days after passing the Idaho law, Jay Inslee, the Democratic governor of neighboring Washington, signed a law that would prohibit lawsuits against doctors, nurses or other health care personnel who perform abortions.
“We know that this law is necessary because this is a dangerous time for the freedom of choice that people have enjoyed for decades,” Inslee said.
Northeastern Vermont has gone even further, with lawmakers passing an amendment to the state constitution that enshrines the right to abortion and contraception.
It will be put to a referendum during the mid-term parliamentary elections in November and is expected to pass.
According to Planned Parenthood, more than 100 measures protecting abortion rights are under consideration in several states, including California, Colorado, Connecticut, Maryland, and New Jersey.
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