After the U.S. Supreme Court ruled last week that abortion is not a constitutional right, federal and state courts around the country saw a rush of activity as abortion rights advocates raised new legal challenges and states sought judges’ clearance to limit abortions.
that legalized abortion nationwide, ruling that the decision to terminate a pregnancy is no longer protected under the U.S. Constitution. The high court left it up to the states to decide whether abortion is now legal within their boundaries., several Republican-controlled states passed strict abortion bans in recent years. Some of these “trigger laws” are now going into effect, while some are being blocked, at least temporarily.
Texas is one example of that. The state already bans most abortions after cardiac activity is detected. That law took effect in September and makes no exception in cases of rape or incest.On Tuesday, however, a judge in Houston temporarily blocked enforcement of an even stricter state law that would ban virtually all abortions. That law has been on the books for decades but was nullified while Roe was in place.
In a statement, Planned Parenthood, which has not resumed abortions in Texas, said the organization’s affiliates in states that are “extremely hostile” to abortion access “are being forced to make difficult operational decisions.”Because the Supreme Court said abortion is not protected by the U.S. Constitution, abortion rights advocates are challenging many of these bans by arguing that they violate their state's constitution — say, the rights to privacy, liberty or equal protection.
“What the litigation is designed to do is to preserve in as many places as we can, as much abortion access as we can, for as long as we can,” said Jennifer Dalven, director of the American Civil Liberties Union’s Reproductive Freedom Project. In Arizona, the governor said a new law that takes effect later this year — which outlaws abortion after 15 weeks — takes precedence over a total ban adopted before Arizona became a state more than a century ago. Still, providers stopped performing abortions there last week, fearing prosecution under the old law.Some states that are seeking to outlaw abortion may essentially try to reach across state lines to enforce their bans.
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