The United States must know by July the Supreme Court’s final decision on whether to maintain or overturn the Roe v. Wade, 1973, which authorized abortion in the country under certain circumstances.
In early May, the leaked draft of a majority court decision indicated that the case law should be overturned, which would give states back the freedom to legislate on the matter.
49 years ago, the Supreme Court ruled, in an understanding that was reiterated in the Planned Parenthood v. Casey (1992), that American states cannot prohibit abortion before the so-called viability – the minimum period of gestation for a fetus to survive outside the uterus, now estimated at about 24 weeks.
Even with this jurisprudence, states governed by the Republican Party have passed laws with deadlines well below this limit. Meanwhile, other states allow pregnancy to be terminated at any stage of pregnancy. Check out the most and least protective state laws for the fetus in the United States below:
more pro-life laws
Even with Roe vs. Wade, Oklahoma Governor Kevin Stitt last week signed a new law that prohibits abortion in the state from the moment of fertilization, except when the mother’s life is in danger or when the pregnancy is the result of rape or incest.
The legislation, which has been considered the most restrictive of abortion in the United States, allows criminal prosecution to be brought against anyone who helps a woman have the procedure.
“Life begins at conception and we have a responsibility as human beings to do everything possible to protect the life of this baby and the mother,” Stitt said in a statement.
Convictions of Gazeta do Povo: Defense of life from conception
Last year, Texas passed the so-called Heartbeat Act, which bans abortion in the state from the time the fetus’s cardiac activity can be detected — around six weeks’ gestation. The legislation also allows citizens to sue anyone who helps perform an abortion after that period.
The Joe Biden administration, through the Department of Justice, challenged the law in the courts, but the Supreme Court kept the legislation in place.
Idaho also passed a Heartbeat Act this year, but it is suspended by a court ruling.
However, the Idaho case illustrates how pro-life laws can be tightened in the United States in the case of Roe v. Wade is overthrown: In 2020, the local legislature passed a so-called trigger law, which would take effect 30 days after the publication of a US Supreme Court decision to grant states the right to legislate on abortion.
Idaho’s trigger law would make abortion at any stage of pregnancy a crime punishable by up to five years in prison, unless the procedure is to save the mother’s life or in cases of rape or incest.
“We are excited by the very real possibility that in a few weeks abortion will be unavailable in the state of Idaho. Thousands of babies will have the chance to live their lives,” said Idaho Family Policy Center President Blaine Conzatti in an interview with the Idaho Capital Sun, commenting on the prospect of reversing the 1973 understanding.
The Guttmacher Institute, a research organization that supports abortion, estimated that overturning the Roe v. Wade would have 26 of the 50 US states restrict or attempt to restrict abortion immediately.
feasibility laws
Based on Roe vs. Wade, 20 US states such as California, Connecticut and New York allow abortion up to the so-called viability of the fetus. Another 22 stipulate fixed limits close to that, between 20 and 25 weeks of gestation.
After the leak of the draft decision that should overturn the federal jurisprudence of 1973, the Democratic Governor of New York, Kathy Hochul, declared that she wants the state to be “a safe haven” for those who want to have an abortion, including with greater destination of resources.
“This is a fundamental right that is being attacked. Come to New York. This is the birthplace of the women’s rights movement. We are very proud of that. And as the first female governor, I rule the most populous state run by a woman,” she told MSNBC.
Most Permissive States for Abortion
In six states (Alaska, Colorado, New Jersey, New Mexico, Oregon and Vermont) and the District of Columbia, abortion is legal at all stages of pregnancy.
In Colorado, Democratic Governor Jared Polis recently enacted the inclusion of “abortion rights” in state legislation. “Colorado residents will not undergo any changes [com uma eventual derrubada de Roe vs. Wade]. Women will still have the power to make their own choices about when and how to have a family.”
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