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Fast Facts
Abortion Bans After 12 Weeks
Have politicians recently succeeded in making abortion illegal in some cases? |
YES. Congress passed the Federal Abortion Ban, and in April 2007, the Supreme Court declared the ban constitutional, thereby banning a safe abortion method nationwide. The Court's holding is contrary to its decision in 2000 that declared state bans on so-called "partial-birth" abortion unconstitutional. Those broadly worded bans could have outlawed safe, medically appropriate abortion care as early as the 12th week of pregnancy, with no exception to protect a woman's health. But in 2007, the Court upheld the Federal Abortion Ban, which it found was slightly narrower than previous bans, but which still does not have an exception to protect a woman's health. The Court's decision gives the green light to states to enact further bans and other restrictions on abortion that disregard women's health. All of these bans put politicians' medical judgment above a doctor's and would deny some women the medical care their doctors believe is safest for them. |
CURRENT STATE LAWS22 states have unconstitutional and unenforceable bans that could outlaw abortion as early as the 12th week of pregnancy, with no exception to protect a woman's health: AL, AK, AZ, AR, FL, ID, IL, IN, IA, KY, MI, MS, NE, NJ, ND, OK, RI, SC, SD, TN, WV, WI.
4 states ban a safe abortion procedure without a health exception: LA, MO, UT, VA.
1 state bans a safe abortion procedure with only a narrow health exception: OH. |
CURRENT FEDERAL LAWSIn November 2003, Congress passed and President Bush signed into law the Federal Abortion Ban, which bans a safe abortion procedure, without an exception to protect a woman’s health. The ban applies nationwide, even in states that have chosen not to enact these types of bans or that have constitutional or statutory protection for the right to choose that exceeds the protection provided by the federal Constitution. |
2007 STATE LEGISLATION4 states considered 6 measures that could ban safe, medically appropriate abortion care as early as the 12th week of pregnancy, with no exception to protect a woman's health: HI, IL, LA, WV.
3 states considered 5 measures that would ban a safe, medically appropriate abortion procedure without an exception to protect a woman's health: LA, MI, WV.
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2007 NOTABLE CASES
In April 2007, the U.S. Supreme Court upheld the Federal Abortion Ban, which was passed by a then-anti-choice Congress and signed into law by President Bush in 2003. The ban outlaws a safe, pre-viability abortion procedure with no exception to protect a woman's health. President Bush's two appointees to the Court, Chief Justice John Roberts and Justice Samuel Alito, cast the decisive votes to effectively dismantle one of Roe v. Wade's core tenets—that a woman's health must always be protected.
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| For a map of all states with Abortion Bans After 12 Weeks - click here. | |
