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World News – AU – How states with best access to abortion services compare to worst

. . The Supreme Court protected the right to abortion with Roe v. Wade, but state laws can either expand or restrict access to abortion.

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A landmark case from the Supreme Court named Roe v. Wade protects the right to abortion without undue state intervention at the US federal level. But when it comes to state lawmakers, each jurisdiction has its own laws that affect access to abortion services.

Since the appointment of the conservative and historically anti-abortion Justice Amy Coney Barrett to the Supreme Court, states like Mississippi have sent cases of abortion rights to the Supreme Court in hopes of setting a new precedent for bans and restrictions.

Louisiana and Colorado unveiled electoral initiatives on abortion rights in the 2020 presidential election, with Louisiana officially amending its state constitution to explicitly not protect abortion and Coloradans refusing to pass an election banning abortion after 22 weeks of gestation.

Elisabeth Smith, chief state policy attorney and advocacy at the Center for Reproductive Rights, said while these state laws cannot entirely ban abortions while they are federally protected, they can seriously affect access to them.

« Federal law creates a floor that says abortion is a right, and then state law has the potential to either improve access or actually ban access, » she said.

Here’s a breakdown of how state laws expand, protect, or restrict access to abortion in the United States.

States that not only protect the right to abortion in their constitutions, but have also removed barriers to safe and legal abortion, apply according to a « What If Roe Fell? » Tool published by CRR.

In 2019, New York passed reproductive health law that protected the right to abortion under state law and ensured it would stay that way even if Roe v. Wade was knocked over. The law also removed abortion from the state criminal code and allowed doctors to perform abortions after 24 weeks or more of pregnancy if the mother’s life is in jeopardy or the fetus is not viable.

« If you look at a state like New York State, which protects the right to abortion under state law, allows general practitioners to provide abortion services, and covers abortion in a Medicaid program, you can see that they I’m pretty unconstrained, « said Smith.

When advanced physicians such as medical assistants or midwives have the ability to perform abortion treatments, the service is more widely available compared to states where only physicians have these powers. Most states with extended access require both private insurance and Medicaid to cover the cost of abortion care.

However, some extended access states – Connecticut, Vermont, Washington, and Oregon – still have TRAP laws, or laws that impose abortion providers that are not required by other medical providers.

As recently as 2019, states have recognized the right to abortion in laws and precedents.

Illinois passed a comprehensive abortion law in 2019 that not only protected the right to abortion, but also repealed restrictive laws that required husbands to consent to their wives and criminal penalties for doctors.

Even in Kansas, where abortion remains severely restricted, the Supreme Court ruled that women have autonomy in making decisions that affect their bodies and health. The state maintains a 22-week pregnancy ban and only allows certain methods of abortion.

Alaska, Delaware, the District of Columbia, Florida, Iowa, Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Jersey, and Rhode Island also protect abortion rights. Most states have some level of restrictions in place, such as pregnancy restrictions or requiring young people to seek parental consent.

If Roe vs.. . Wade was challenged or overturned; abortion rights were protected in less than half of the US states. Not all of these states restrict access to abortion, but they all leave reproductive rights vulnerable under a largely conservative Supreme Court.

New Hampshire, Virginia, Wyoming, Colorado and New Mexico do not protect abortion rights, but are not considered anti-abortion according to the CRR. Most of these states have some restrictions, such as Virginia prohibiting third trimester abortions.

However, Colorado is one of seven states that do not prohibit abortion at any time during pregnancy. According to the Guttmacher Institute, only one percent of abortions occur after 21 weeks, usually if the mother is in poor health or if the fetus is unsafe. But because abortions are so restricted after that point, women from across the country travel to Colorado for later abortions.

By regulating who can do an abortion, when can do it, and who has to pay for it, many states have established themselves as anti-abortion zones.

Alabama has the most restrictive abortion law in the United States, banning abortion at any stage of pregnancy under any circumstances. District courts ruled the law unconstitutional in 2019, so it is currently being put on hold.

Meanwhile, Alabama maintains medically unnecessary restrictions, including mandatory ultrasound scans on abortion appointments and a required 48-hour wait before the procedure can occur.

Arkansas, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, South Dakota, and Tennessee all have trigger bans that could ban abortion if Roe falls. However, Smith said the bans were unlikely to be in place automatically, as the name suggests, and that some legal process would be required to exist.

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World News – AU – How states with best access to abortion services compare to worst
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Ref: https://www.insider.com

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