Background

In that landmark 1973 abortion cases, the U.S. Can be fried Court recognized a constitutional right to abortion however held the states could prohibit abortion after ~ fetal viability—the point at i m sorry a fetus deserve to sustain life exterior the uterus—if their plans met specific requirements. Due to the fact that then, the supreme Court has actually consistently reaffirmed the basic right to abortion while likewise allowing new limits on one individual’s capability to acquire one. However, after president Trump appointed 3 conservative justices, the Court now has actually an anti-abortion majority.

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The existing U.S. Supreme Court standard holds the states may prohibit abortion after ~ fetal viability as lengthy as there space exceptions for the life and also health (both physical and also mental) that the pregnant person. Under this legitimate standard, viability—which can selection from 24 come 28 weeks ~ the start of the person’s critical menstrual period (LMP)—must be established on an individual basis, and also determinations that both fetal viability and also the patient’s wellness are in ~ the discretion of the patient’s physician. Additionally, states might not need that added physicians confirm an attending physician’s referee that the patient’s life or health is at hazard in cases of clinical emergency.

The Court’s requirements location decisions regarding the timing and also circumstances of an abortion in the hands of the patient and, after viability, their doctor. Many states limit abortion at a specific point during pregnancy, which typically lasts 40 main LMP. In current years, however, some state policymakers have actually attempted to provoke a can be fried Court difficulty by banning abortion prior to viability. Federal and also state courts have consistently blocked enforcement of laws that ban abortion before 13 weeks LMP, but an ext than a 3rd of claims have properly implemented “20-week abortion bans.” these bans are based upon the unfounded assertion the a fetus deserve to feel pain in ~ 20 main postfertilization (an estimated date of conception), tantamount to 22 mainly LMP.

Other states have actually enacted legislations that prohibit or severely border abortion in the second or 3rd trimester (starting at 13 weeks and also 25 main of pregnancy, respectively). When these measures have actually been challenged, courts have struck down regulations with a blanket ban on abortion in ~ a certain week or trimester, and those regulations with exceptionally narrow health and wellness exceptions. However, not every one of these restrictions have actually been challenged in court. As a result, some claims still have actually statutes ~ above the publications that do not accomplish the Court’s requirements. Because that example, a couple of states have enacted previability bans, including a six-week half in Texas and a 20-week ban in Mississippi. Part states additionally continue to maintain and also enact brand-new laws inquiry involvement the a second physician to certify or attend the abortion under certain circumstances.

The result is a patchwork that state limitations on abortion throughout pregnant that pipeline many civilization unable to obtain the care they need

Definitions

Last menstrual duration (LMP): The beginning of pregnant calculated from the begin of the most recent menstrual period. An average pregnancy lasts about 40 weeks from this point.

Postfertilization: The beginning of pregnant calculated indigenous the day of conception; 20 weeks postfertilization is tantamount to 22 mainly LMP.

Postimplantation: The beginning of pregnant calculated from the date of embryo implantation; 24 mainly postimplantation is indistinguishable to 27 mainly LMP.

General health: identified by an separation, personal, instance doctor and includes the patient’s mental and emotional health.

Physical health: uses only come the physical function of the patient’s body and may also be restricted to significant bodily functions.

Viability: The suggest at i m sorry a fetus can sustain survival exterior the uterus. Determined based on the fetus’s developmental progress and may differ by pregnancy. A fetus usually reaches viability in between 24 and also 28 mainly LMP.

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Visit our state legislation tracker because that policy task on every sexual and reproductive health topics.

Highlights

16 states (including four with two various bans) have actually attempted to half abortion prior to viability however have been stopped by court order. Several of these says still have bans in impact at a later suggest in pregnancy.3 states attempted to half abortion transparent pregnancy.8 claims attempted to ban abortion at 6 weeks LMP, based upon the visibility of a fetal heartbeat.1 state test to ban abortion at 8 weeks LMP. 1 state test to ban abortion in ~ 12 main LMP.2 claims attempted to ban abortion in ~ 15 mainly LMP.2 claims attempted to ban abortion at 18 weeks LMP.2 says attempted to half abortion at 20 weeks LMP (18 mainly postfertilization in state law).1 state check to ban abortion at 22 mainly LMP (20 weeks postfertilization in state law).43 states prohibit part abortions after a details point in pregnancy.1 state bans abortion at six weeks LMP.21 states half abortion in between 13 and 24 weeks LMP. 1 state bans abortion in ~ 20 mainly LMP (18 mainly postfertilization in state law).16 states ban abortion in ~ 22 main LMP (20 weeks postfertilization in state law) top top the unscientific grounds that a fetus have the right to feel pain at that point.4 claims ban abortion at 24 weeks LMP.20 says impose a ban at viability.1 state imposes a half in the third trimester (25 main LMP onward)