Abortion Up Till Having the Baby State Lawa

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Proficient reproductive health policy starts with apparent research

State Bans on Ballgame Throughout Pregnancy

Background

In its landmark 1973 abortion cases, the U.South. Supreme Courtroom recognized a constitutional right to ballgame but held that states could prohibit ballgame after fetal viability—the bespeak at which a fetus can sustain life outside the uterus—if their policies met sure requirements. Since then, the Supreme Court has consistently reaffirmed the fundamental right to abortion while likewise allowing new limits on an individual's ability to obtain ane. Even so, later on President Trump appointed three conservative justices, the Court now has an anti-abortion majority.

The current U.S. Supreme Court standard holds that states may prohibit abortion after fetal viability as long every bit there are exceptions for the life and health (both physical and mental) of the pregnant person. Nether this legal standard, viability—which can range from 24 to 28 weeks afterwards the start of the person's terminal menstrual menses (LMP)—must exist determined on an individual basis, and determinations of both fetal viability and the patient'due south wellness are at the discretion of the patient's physician. Additionally, states may not require that additional physicians confirm an attending physician's judgment that the patient'south life or health is at gamble in cases of medical emergency.

The Court's requirements place decisions regarding the timing and circumstances of an abortion in the easily of the patient and, after viability, their md. Most states restrict abortion at a specific point during pregnancy, which normally lasts forty weeks LMP. In contempo years, nevertheless, some land policymakers have attempted to provoke a Supreme Courtroom challenge by banning abortion before viability. Federal and country courts accept consistently blocked enforcement of laws that ban abortion earlier 13 weeks LMP, but more than a third of states have successfully implemented "twenty-calendar week ballgame bans." These bans are based on the unfounded exclamation that a fetus can feel hurting at 20 weeks postfertilization (an estimated date of formulation), equivalent to 22 weeks LMP.

Other states accept enacted laws that prohibit or severely limit abortion in the 2nd or 3rd trimester (starting at 13 weeks and 25 weeks of pregnancy, respectively). When these measures have been challenged, courts have struck down laws with a coating ban on ballgame at a specific week or trimester, every bit well as those laws with extremely narrow health exceptions. However, non all of these restrictions take been challenged in court. As a result, some states still have statutes on the books that do not meet the Court'south requirements. For example, a few states have enacted previability bans, including a six-week ban in Texas and a 20-week ban in Mississippi. Some states as well continue to maintain and enact new laws requiring involvement of a 2nd md to certify or attend the abortion under item circumstances.

The event is a patchwork of state limitations on abortion throughout pregnancy that leaves many people unable to receive the care they demand

Definitions

Last menstrual period (LMP): The beginning of pregnancy calculated from the first of the most recent menstrual menstruation. An average pregnancy lasts approximately 40 weeks from this point.

Postfertilization: The beginning of pregnancy calculated from the date of conception; twenty weeks postfertilization is equivalent to 22 weeks LMP.

Postimplantation: The kickoff of pregnancy calculated from the date of embryo implantation; 24 weeks postimplantation is equivalent to 27 weeks LMP.

General health: Defined by an individual md and includes the patient's mental and emotional health.

Physical wellness: Applies merely to the physical role of the patient'southward body and may even be restricted to major bodily functions.

Viability: The point at which a fetus tin sustain survival outside the uterus. Determined based on the fetus'southward developmental progress and may vary by pregnancy. A fetus generally reaches viability between 24 and 28 weeks LMP.

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Highlights

• xvi states (including iv with two unlike bans) have attempted to ban abortion before viability but have been stopped by courtroom lodge. Several of these states still have bans in result at a later bespeak in pregnancy.
  • 3 states attempted to ban ballgame throughout pregnancy.
  • 8 states attempted to ban abortion at half-dozen weeks LMP, based on the presence of a fetal heartbeat.
  • one land attempted to ban ballgame at 8 weeks LMP.
  • 1 land attempted to ban abortion at 12 weeks LMP.
  • 2 states attempted to ban ballgame at 15 weeks LMP.
  • 2 states attempted to ban ballgame at 18 weeks LMP.
  • two states attempted to ban abortion at 20 weeks LMP (xviii weeks postfertilization in state constabulary).
  • 1 state attempted to ban abortion at 22 weeks LMP (20 weeks postfertilization in state police force).
• 44 states prohibit some abortions after a certain point in pregnancy.
  • 1 land bans ballgame at half-dozen weeks LMP.
  • 22 states ban abortion betwixt 13 and 24 weeks LMP.
    • 1 state bans abortion at 20 weeks LMP (18 weeks postfertilization in state police).
    • sixteen states ban abortion at 22 weeks LMP (20 weeks postfertilization in land law) on the unscientific grounds that a fetus can feel pain at that bespeak.
    • v states ban abortion at 24 weeks LMP.
  • xx states impose a ban at viability.
  • 1 state imposes a ban in the tertiary trimester (25 weeks LMP onward)

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Topic

Geography

• United states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Commune of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Bailiwick of jersey, New Mexico, New York, North Carolina, N Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Isle, Southward Carolina, Due south Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Land Bans on Ballgame Throughout Pregnancy
Statutory limit	State	Exceptions
		Life	General health	Physical wellness §	Other
Conception	Alabama	▽		▽
	Arkansas	▽
	Louisiana	▼
	Oklahoma	▽		▽
	Utah	▼
TOTAL IN EFFECT	0	0		0	0
6 weeks LMP	Georgia	▽		▽
	Iowa	▼		▼
	Kentucky	▽		▽
	Mississippi	▽		▽
	N Dakota	▼		▼
	Ohio	▽		▽
	Oklahoma	▽		▽
	Southward Carolina	▽		▽	Rape, incest, lethal fetal anomaly
	Tennessee	▽		▽
	Texas	X		10
Total IN EFFECT	ane	1		1	0
8 weeks LMP	Missouri	▽		▽
TOTAL IN Outcome	0	0		0	0
12 weeks LMP	Arkansas	▼		▼
TOTAL IN EFFECT	0	0		0	0
fifteen weeks LMP	Louisiana	▼		▼	Lethal fetal anomaly
	Mississippi	▼		▼
TOTAL IN EFFECT	0	0		0
18 weeks LMP	Arkansas	▽		▽
	Utah	▽		▽	Rape, incest, lethal fetal anomaly
Full IN EFFECT	0	0		0	0
xx weeks LMP	Arizona	▼		▼
	Mississippi*,†	X		Ten	Lethal fetal anomaly
	Montana	▽		▽
	North Carolina	▼		▼
Total IN EFFECT	1	ane		one	1
22 weeks LMP	Alabama*, †, ‡	10		10
	Arkansas*,†	X		X	Rape, incest
	Georgia*	X		X	Lethal fetal anomaly
	Idaho‡	▼		▼
	Indiana†,*	X		X
	Iowa*	X		Ten
	Kansas*,‡	X		10
	Kentucky*	10		X
	Louisiana*,†	10		Ten	Lethal fetal anomaly
	Nebraska*	X		X
	Due north Dakota*,†	X		10
	Ohio*,†,‡	X		X
	Oklahoma*,†	X		X
	South Carolina*,‡	X		X	Lethal fetal anomaly
	South Dakota*	10		X
	West Virginia*	X		X
	Wisconsin*	X		X
Total IN Outcome	sixteen	16		16	4
24 weeks LMP	Florida‡	X		Ten
	Nevada	Ten	10
	Massachusettsβ	X	X		Lethal fetal bibelot
	New Hampshire	X		X
	Pennsylvania†,‡	X		X
TOTAL IN Result	v	v	2	3	i
Viability	Arizona†	Ten	X
	California	10	X
	Connecticut	Ten	X
	Delaware‡	X	X		Lethal fetal anomaly
	Hawaii	Ten	X
	Idaho	X
	Illinois	Ten	X
	Maine	X	X
	Maryland	X	10		Fetal anomaly
	Michigan	10
	Minnesota†	X	X
	Missouri†	X		Ten
	Montana‡	X		Ten
	New York	X	Ten
	North Carolina	X		Ten
	Rhode Island	X	10
	Tennessee†,‡	10		10
	Utah	10		X	Rape, incest, lethal fetal anomaly
	Washington	X	X
	Wyoming	X		X
Full IN EFFECT	twenty	20	12	half dozen	4
3rd trimester	Virginia‡	10	X
TOTAL IN EFFECT	one	1	1	0	0

▼ Permanently enjoined by court order; law not in effect.

▽ Temporarily enjoined past courtroom club; constabulary non in issue.

§ This exception typically permits an abortion when the individual suffers from a status that risks "substantial and irreversible impairment" or "imminent peril" of a "major bodily role."

* Based on the exclamation that a fetus can experience hurting at 18 or 20 weeks postfertilization.

† Country requires a second md to attend an abortion that takes place later the country'due south gestational historic period limit. Five states—Alabama, Arizona, Arkansas, Louisiana and Oklahoma—accept this requirement simply for an ballgame after viability. Minnesota requires the presence of a second physician at or after 20 weeks LMP.
‡ State requires a second dr. to approve an abortion if it volition take place after the state's gestational age limit. Alabama, Idaho and Kansas crave approval but for an abortion after viability.

β State constabulary defines pregnancy from the appointment of embryo implantation.

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Source: https://www.guttmacher.org/state-policy/explore/state-policies-later-abortions