Abortion was virtually illegal in American Samoa before Roe was overthrown. The “hostile” category means that these states and territories have expressed a desire to ban abortion altogether. These states and territories are extremely vulnerable to the revival of old abortion bans or the adoption of new bans, and none of them enjoy legal protection for abortion. In 1976, Rep. Henry Hyde (R-IL) successfully introduced a budget amendment known as the Hyde Amendment, which banned federal funding for abortions. Congress has renewed the Hyde Amendment every year since its inception. The abortion restrictions and bans passed in states this year come in several forms, all of which have the ultimate goal of ending access to legal abortion care in the United States. They include both established tactics and new and incredibly extreme provisions aimed at making abortion care inaccessible, including the following: The targeted regulation of abortion provider laws (TRAP) is of concern to doctors who provide abortion care and set various legal requirements that are different from those that are more onerous than those imposed on doctors, that provide comparable types of care. These laws do not increase patient safety and contradict evidence-based clinical guidelines.  See, for example, ACOG, Increasing Access to Abortion (November 2014, confirmed in 2019); National Abortion Federation, Clinical Policy Guidelines for Abortion Care (2018) The scope of practice of health professionals is regulated by state legislators and licensing agencies. In general, state law does not describe specific medical care that is within or outside a practitioner`s field of activity.
However, many states have treated abortion differently by limiting the provision of abortions to doctors. Other states have taken proactive steps to expand the types of clinicians who can legally provide abortion care by repealing laws only for doctors or by explicitly empowering medical assistants, certified nurse midwives, nurse practitioners, and other qualified health professionals to provide abortion care through laws, regulations or advice of the Attorney General.  See for example Me. Rev. Stat. Ann. tit. 22, Article 1598(1). The law was amended to allow physician assistants and advanced practice nurses to also perform abortions. See H.P. 922, Stage 129, Reg.
1 Sess. Abortion is legal in Puerto Rico with no pregnancy limit. A bill limiting abortions to 22 weeks was passed by the Senate in June 2022 and was sent to the House of Representatives. ORC 2919.198 went into effect in July 2019, making abortion illegal after detecting a “fetal heartbeat,” which typically ranges from five to six weeks on the first day of a woman`s last menstrual period. No exceptions are made for rape, incest or a fetus with Down syndrome. However, an exception is made for medical emergencies, which are defined as a “serious risk of significant and irreversible impairment of an important bodily function of the pregnant woman”.  After Roe v. Wade from the Supreme Court on June 24, 2022, a 2019 triggering law banning abortions went into effect in Kentucky.   The law makes all abortions illegal unless they are medically mandatory to prevent the patient from dying or permanently affecting a “life support organ.”  In 2021, the United States experienced the highest number of abortion restrictions enshrined in law in a single year, and the legal context in which this newly enacted legislation will operate is particularly weak. Some states criminalize people who manage their own abortion, that is, terminate their pregnancy outside of a health facility.
Abortion is expected up to thirty days after the repeal of Roe v. Wade on June 24, 2022. After the trigger law comes into effect, doctors who perform abortions will spend at least two years in prison and up to five years in prison.   Exceptions to the prohibition include saving the mother`s life and legally proving that the pregnancy is the result of rape or incest.  States may require that state-regulated private health insurance policies include certain benefits, including abortion insurance. Laws and policies that improve access to abortion include public funding and the requirement that abortion be included in private insurance coverage, unrestricted access for young people, the scope of health professionals providing abortion care, and the protection of safety and access to clinics. We assessed hostility and illegality on the basis of abortion prohibitions (pre-roe, trigger, pregnancy, reason, method, SB8 imitators and criminalization of autonomous abortion) and abortion restrictions (TRAP, parental involvement, consent and laws reserved for doctors). While these prohibitions and restrictions usually have exceptions, this tool does not list them in detail because these exceptions do not provide meaningful access and are generally difficult to use. Unless otherwise stated, all prohibitions and restrictions discussed apply. ▼ Permanently prescribed; Law not in force. * Exception in case of threat to the physical health of the patient. † exception in cases of rape or incest.
‡ Exception only in case of danger to life. A 2016 advisory opinion from the New York attorney general noted that state law contradicts U.S. Supreme Court decisions on abortion and that abortion care is allowed under the U.S. Constitution to protect the health of a pregnant person, or when the fetus is not viable. Ω exception for fetal abnormality. Θ Despite a court order, the state`s Medicaid program does not pay for medically necessary abortions. ξ Applies only to surgical abortions. In New Mexico, some, but not all, advanced practice clinicians may offer medical abortions. The law restricts abortion to obstetricians/gynecologists. A court has temporarily blocked the application of a Mississippi law that would have banned abortion 15 weeks after the patient`s last period. This federal restriction on abortion affects more than patients who need second-trimester abortions and the doctors who care for them: the Supreme Court decision set more than 30 years of precedent that puts patients` health at the forefront when it comes to laws restricting access to abortion. We must stand up to politicians who want to limit americans` ability to make their own health care decisions in consultation with their doctors.
The ACLU has announced plans to take the state to court, saying the state`s constitution recognizes abortion as a right.   Am 30. In June 2022, Jefferson County District Judge Mitch Perry issued a preliminary injunction blocking enforcement of the abortion ban in the state pending further hearings to determine whether the ban violated the Kentucky Constitution. This order temporarily allows the two elective abortion providers, both located in Louisville, to temporarily resume unwanted abortions.  The Kentucky Court of Appeals and the Kentucky Supreme Court dismissed an application to dissolve the injunction.   A ban on abortion before Roe, last amended in 1951, remains in the books. The law prohibits abortion in all cases except to preserve the life of the mother. Those convicted under the law would face a maximum sentence of $1,000 and a maximum prison sentence of 12 months.
In 2015, Kansas became the first state to ban the dilation and evacuation procedure, a common abortion procedure in the second trimester.  But the new law was later struck down by the Kansas Court of Appeals in January 2016 without ever going into effect.  In April 2019, the Kansas Supreme Court upheld the lower court`s decision and ruled that the right to abortion is enshrined in the state`s Constitution and Bill of Rights, so even though Roe v. Wade is rescinded and federal protection of abortion rights is withdrawn, the right would still be allowed in Kansas, subject to an amendment to the state constitution.  After both houses of the Kansas State Legislature passed a constitutional amendment to overturn the Kansas Supreme Court`s decision, the proposed amendment was put to a referendum by voters.