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State Legislatures Battle Over Abortion Restrictions and Protections in 2023

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State Legislatures Battle Over Abortion Restrictions and Protections in 2023

(CTN News) – After the U.S. Supreme Court overruled Roe v. Wade last year, arguments over how much to limit or increase access to abortion are intensifying in state capitals around the country.

Here is a summary of state laws that would restrict or guarantee access to abortion in 2023.

FLORIDA: Republican state legislators have said they are contemplating pursuing stronger measures, such as a 12-week ban. This is even though the 15-week abortion restriction signed into law by Governor Ron DeSantis last year is now being contested in court. If the Republican-controlled legislature adopts a law outlawing abortions before six weeks of pregnancy, DeSantis has said he would sign it.

KANSAS: Despite Kansans’ support for abortion rights on a ballot issue last year, Republican legislators have suggested measures such as an almost complete ban on abortion and restrictions on telemedicine prescriptions for abortion medication.

IDAHO: Legislators in Idaho have proposed a bill that would make it unlawful to assist a child in getting an abortion in another state without their parent’s or guardian’s consent. The penalty for violators is two to five years in jail. The state is presently imposing a complete prohibition on abortion.

MONTANA: A measure to reverse a 1999 decision by the state’s highest court, which determined that the state constitution guaranteed the right to an abortion, has been approved by the Republican-led state Senate. This decision has stopped the conservative state’s legislators from limiting abortion beyond the 24-week restriction. The House will then review the legislation.

This year, lawmakers are also debating a measure restricting Medicaid patients’ access to abortions.

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Republican legislators in Nebraska’s unicameral 50-seat legislature have proposed a six-week abortion ban. With 29 sponsors, the measure needs 33 votes to succeed without a filibuster. Currently, the state allows abortions up to 22 weeks.

NORTH DAKOTA: The state supreme court is expected to issue a decision about a challenge to a trigger ban, which was an outright abortion ban that immediately took effect when Roe was reversed but was subsequently halted while the case was being heard. To clarify the prohibition, Republican senators are advancing a measure permitting abortions in rape and incest instances before six weeks of pregnancy.

SOUTH CAROLINA: Republicans have filed a nearly complete abortion ban and a six-week ban this year, even though the state high court recently knocked down a six-week abortion ban by a 3-2 majority and declined to hear the state’s appeal. One house has approved both proposals; this week, the House passed the almost complete prohibition while the Senate approved the six-week ban with minor exceptions.

The Wyoming House of Representatives is now considering a measure that would make it illegal to use or prescribe abortion drugs. While a state court considers a challenge to a nearly complete trigger ban, abortion is lawful up to viability, or roughly 24 weeks.

WEST VIRGINIA: Republican state senators have proposed a plan to repeal the state’s almost complete prohibition on abortion, which now includes an exemption for rape and incest.

MICHIGAN: A measure to overturn an abortion prohibition that has been in place for almost a century is being advanced by the legislature’s new Democratic majority.

ILLINOIS: Democratic Governor J.B. Pritzker signed a measure defending abortion clinics and out-of-state clients against legal challenges brought by other states in January.

MINNESOTA: In January, Democratic Governor Tim Walz signed legislation that codifies a woman’s right to an abortion, as well as a right to contraception and fertility therapy, into state law. A measure to defend abortion doctors and patients against legal assaults from other states has been sponsored by House Democrats.

Related CTN News:

US States Take Control Of The Abortion Debate With Funding Focus

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