Three more states ban abortion as trigger laws take effect

Idaho, Tennessee and Texas will officially join eight other states that have outlawed abortion through “trigger” laws, legislation designed to take effect immediately or upon quick state action the moment Roe v. Wade no longer applies.

by Shirin Ali | Aug. 25, 2022

Abortion-rights demonstrator Jessica Smith holds a sign in front of the Hamilton County Court House on May 14, 2022, in Chattanooga, Tenn. Ben Margot/ AP

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Abortion bans in Idaho, Tennessee and Texas officially take effect Thursday.

In total, 11 states with trigger laws have outlawed abortion.

Abortion is expected to be banned or restricted in even more states.

Three more states officially outlawed abortion Thursday, as a wave of new abortion restrictions take over the U.S. following the Supreme Court decision to overturn Roe v. Wade two months ago.

Idaho, Tennessee and Texas will officially join eight other states that have banned abortion through “trigger” laws, legislation designed to take effect immediately or upon quick state action the moment Roe v. Wade no longer applies.

Those laws went into effect as soon as the Supreme Court issued its decision on the Dobbs v. Jackson Women’s Health Organization case in June, effectively overturning Roe and ending a nearly 50-year precedent that protected abortion as a constitutional right.

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Here are the latest abortion laws taking effect:

Idaho

Enacted in 2020, Idaho’s abortion legislation is structured to take effect on Aug. 25, 30 days after Roe is overturned, and it bans abortions after six weeks of pregnancy. It makes exceptions for rape, incest and if the mother’s life is in danger.

Violators of the law can be charged with a felony punishable by at least two years in prison.

Just one day before Idaho’s abortion law was set to take effect, a federal judge halted part of the ban — asserting the state cannot punish doctors for performing abortions to protect the life of a pregnant woman within an emergency room situation. The decision stems from a lawsuit brought by the Department of Justice, which argued that Idaho’s ban violated the Emergency Medical Treatment and Labor Act. The pause will remain in place until the lawsuit is resolved.

Tennessee

Enacted in 2019, Tennessee’s abortion law was set to go into effect Thursday, 30 days after Roe is overturned. It bans abortions beyond six-weeks of pregnancy, with violators subject to a felony charge.

Tennessee voters also chose to amend the state’s constitution back in 2014 to ensure it would not protect a right to abortion or funding of abortion.

Texas

Texas already passed a restrictive abortion law last year, known as Senate Bill 8, which bans abortions beyond six weeks of pregnancy while also allowing private citizens to bring lawsuits for $10,000 or more against violators.

A new mechanism takes effect Thursday, increasing the penalty for anyone who provides or attempts an abortion to a first or second-degree felony and a fine of at least $100,000 for each violation.

President Biden has tried to protect federal access to abortion, signing two executive orders that protect access to medication abortion, emergency care for pregnant women and support for women who need to travel out-of-state in order to receive an abortion.

However, most states that had trigger laws in place have now enacted them.

Additional states could also move to curtail abortion access. In Florida, Gov. Ron DeSantis (R) vowed that he will work to expand abortion restrictions after the Supreme Court’s June decision. Currently, abortion is legal up to 15 weeks of pregnancy.