WASHINGTON, DC – Following the release of an ambiguously obtained draft of a Supreme Court opinion that overturns the landmark 1973 Roe v. Wade Supreme Court case, a report from Infowars claims that as many as 26 states could potentially put forward various laws banning or heavily restricting abortions.
In our previous report regarding the leaked Supreme Court opinion draft, Supreme Court Justice Samuel Alito wrote that when it came to cases like Roe. Wade and Planned Parenthood v. Casey, there simply wasn’t anything within the Constitution that could be construed as abortion being an enumerated right.
“The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely the – Due Process Clause of the Fourteenth Amendment. That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be ‘deeply rooted in this nation’s history and tradition’ and ‘implicit in the concept of ordered liberty.’…The right to abortion does not fall within this category. Until the latter part of the 20th century, such a right was entirely unknown in American law.”
Per the Supreme Court’s draft majority opinion, issues within the realm of abortion are going to be handed back over to the individual states to decide. And with the matter of abortion likely being handed back over to the states sometime in the near future, there are of course going to be some states that enact varying pieces of legislation that will either ban or heavily restrict abortions.
Back in October of 2021, the Guttmacher Institute published a report titled “26 States Are Certain or Likely to Ban Abortion Without Roe: Here’s Which Ones and Why,” which was written at the time due to the Supreme Court having slated oral arguments regarding Mississippi’s 15-week abortion ban that December.
The October 2021 report detailed various definitions of abortion bans consisting of the following:
- Pre-Roe ban: Law enacted before 1973 and never removed
- “Trigger” ban: Law designed to be “triggered” and take effect automatically or by quick state action if Roe no longer applies
- Near-total ban: Law enacted after Roe to prohibit abortion under all or nearly all circumstances (several of this type are currently blocked by court order)
- Six-week ban: Law prohibiting abortion after six weeks of pregnancy (one in effect)
- Eight-week ban: Law prohibiting abortion after eight weeks of pregnancy (none in effect)
- State constitution bars protection: Constitution amended to prohibit any protection for abortion rights
Apparently, there are already 22 states that fall within the aforementioned categories, which are as follows:
- Alabama—Pre-Roe ban, Near-total ban, State constitution bars protection
- Arizona—Pre-Roe ban
- Arkansas—Pre-Roe ban, Trigger ban, Near-total ban
- Georgia—Six-week ban
- Idaho—Trigger ban, Six-week ban
- Iowa—Six-week ban
- Kentucky—Trigger ban, Six-week ban
- Louisiana—Trigger ban, Near-total ban, Six-week ban, State constitution bars protection
- Michigan—Pre-Roe ban
- Mississippi—Pre-Roe ban, Trigger ban, Six-week ban
- Missouri—Trigger ban, Eight-week ban
- North Dakota—Trigger ban, Six-week ban
- Ohio—Six-week ban
- Oklahoma—Pre-Roe ban, Trigger ban (effective November 1, 2021), Near-total ban, Six-week ban
- South Carolina—Six-week ban
- South Dakota—Trigger ban
- Tennessee—Trigger ban, Six-week ban, State constitution bars protection
- Texas—Pre-Roe ban, Trigger ban, Six-week ban
- Utah—Trigger ban, Near-total ban
- West Virginia—Pre-Roe ban, State constitution bars protection
- Wisconsin—Pre-Roe ban
- Wyoming—Trigger ban
As for the four other states that the Guttmacher Institute claims are likely to enact abortion bans, the report claims that Florida, Indiana, Montana, and Nebraska as being likely candidates due to previous legislative efforts aimed at heavily restricting abortions.