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Pro-life vs. Pro-choice states: If Roe falls, what would the abortion landscape look like?

Screenshot of CNA graphic showing abortion policy by state. / Jonah McKeown/CNA

Washington D.C., Jan 19, 2022 / 14:30 pm (CNA).

The U.S. Supreme Court is considering a case which observers believe could present a significant challenge to Roe v. Wade, the court’s 1973 decision which legalized abortion nationwide. 

But even if the Supreme Court overturns Roe v. Wade, abortions will almost certainly continue in the U.S.— at least in certain states. 

While the nation awaits the court’s ruling— which could come at any time until roughly the end of June— numerous states are taking legislative action to codify abortion rights, while other states are doing the opposite, creating a potential patchwork of abortion laws throughout the country.

What are the trends? Which states are moving in a pro-life direction, and which in a pro-choice direction? Check out the map above and see where your home state falls. 

More detailed information on each state, and links to coverage by CNA and other outlets, is listed below. 

Information is up-to-date as of Jan. 19, 2022. 

Alabama

Alabama has a “trigger law” that would ban almost all abortions if Roe v Wade were to be overturned, as well as a total ban passed in 2019, which is currently blocked in court. 

A group of 23 Republican lawmakers have prefiled a bill (HB 23) that would implement a Texas-style heartbeat abortion ban, enforced by private lawsuits.

Alaska

The Alaska State Supreme Court found a "right to abortion" in 1997. Alaska law requires the "informed consent" of a patient before they have an abortion, meaning that their doctor must discuss with them the physical and emotional risks involved in abortion before they obtain one. Both pro-life and pro-choice advocates in Alaska has discussed the possibility of asking voters in Nov. 2022 to call a constitutional convention, which only happens once every 10 years.

Arizona

Arizona has a ban on abortion that predates Roe v Wade and is currently unenforceable. Arizona also has laws that prohibit abortions done solely because of a nonlethal genetic abnormality, such as Down syndrome. The state also prohibits race and sex-selective abortions.

Arkansas

Trigger law, 20-week ban

California

Abortion rights enshrined in law since 1969. California has a parental consent law for minors seeking abortions on the books, but the law is permanently enjoined by court order, meaning minors in California can seek abortions without their parents’ knowledge or permission. California Governor Gavin Newsom signed a pair of bills Sept. 22 that relate to privacy surrounding abortion. 

Senate Bill 245, introduced in 2022 by Sen. Lena Gonzalez (D-Long Beach), would put an end to out-of-pocket costs paid by those seeking abortions. The state already requires abortions to be covered by health insurance.

Colorado

No gestational limit- voters rejected a proposed 22-week limit in 2020. 

The Reproductive Health Equity Act is set to be introduced in the Colorado General Assembly in 2022. Its sponsors say the act will ensure every individual has the fundamental right to choose or refuse contraception; every individual who becomes pregnant has a fundamental right to choose to continue a pregnancy and give birth or to have an abortion; and a fertilized egg, embryo, or fetus does not have independent rights under the laws of Colorado.

Connecticut

Abortion protected under state law.

Delaware

Abortion protected under state law.

Florida

Lawmakers in Florida have introduced a 15-week abortion ban for the state, which is currently unenforceable due to Roe v. Wade. 

The pro-life group Susan B. Anthony List praised the effort and urged the bill’s passage. 

 “We urge the Florida Legislature to swiftly pass and send to Governor DeSantis’s desk this groundbreaking pro-life legislation that would finally end brutal late-term abortions in the Sunshine State,” said Sue Liebel, SBA List State Policy Director, on Jan. 11. 

“Abortions after 15 weeks are gruesome and inhumane for unborn children and increasingly dangerous for the mother with every passing week.”

According to SBA, Florida has the third highest number of late term abortions among states that report them. 

Georgia

Heartbeat ban. Pro-life lawmakers in Georgia are preparing to introduce legislation to prevent the abortion pill from being prescribed through telemedicine and prevent it from being delivered by mail.

Hawaii

Abortion protected under state law.

Idaho

Trigger law; heatbeat law. A conservative policy group in the state has said that passing a Texas-style heartbeat ban is part of their 2022 agenda.

Illinois

Right to abortion is enshrined in state law. The state also recently repealed its requirement that parents be notified about abortions.

Indiana

22-week ban, abortion pill reversal notification law (blocked)

Iowa

Heatbeat ban (unenforceable); State Supreme Court has found a "right to abortion."

Kansas

Abortion is allowed under a state Supreme Court ruling; in Aug. 2022, Kansans will vote on an amendment to the state's constitution to exclude a "right to abortion" and reserve the right to regulate abortion in the state to the legislature.

Kentucky

Trigger law, heartbeat bill. Rep. Nancy Tate, R-Brandenburg, has plans to file a bill banning the receipt of abortion pills by mail.

Louisiana

Trigger law, State constitution excludes right to abortion, heatbeat ban

Maine

Abortion protected under state law.

Maryland

Abortion protected under state law since 1992. Montgomery County Del. Ariana Kelly (D), a former executive director at NARAL Pro-Choice Maryland, has said that she will be introducing legislation to expand abortion access in the state.

Massachusetts

State Supreme Court has found a "right to abortion." A bill currently in the state's Joint Committee on Public Health would force public universities to provide medication abortion services at student health centers.

Michigan

Abortion advocacy groups in Michigan have launched a ballot initiative to override a state abortion ban— which is currently unenforced— by way of a constitutional amendment. The state’s Catholic Conference said the effort shows the power of the abortion industry in influencing state policy. 

Planned Parenthood Advocates of Michigan and the American Civil Liberties Union of Michigan are two of the organizations sponsoring the ballot drive. Organizers of the ballot initiative need about 425,000 valid voter signatures to put it before the electorate in November, the AP reports. 

Michigan is one of several states with an abortion law on the books which is currently unenforceable due to Roe v. Wade. A 1931 Michigan state law makes it a felony for anyone to provide an abortion unless "necessary to preserve the life of such woman." 

“More than anything, women considering an abortion deserve support, love, and compassion. For decades, abortion has been touted as the only option, harmless and easy, yet we know this is a lie. Abortion hurts women,” Rebecca Mastee, Policy Advocate for the Michigan Catholic Conference, said Jan. 7.

“Today’s news that some are looking to enshrine abortion in the state constitution is a sad commentary on the outsized and harmful role the abortion industry plays in our politics and our society. We look forward to standing with women through a potential statewide ballot campaign to promote a culture of life and good health for both moms and unborn children.”

Minnesota

State Supreme Court has found a "right to abortion."

Mississippi

Pre-Roe ban, Trigger law, dilation and evacuation abortion ban, heartbeat law. Mississippi's 15-week ban is currently being considered by the U.S. Supreme Court.

Missouri

Trigger law, Eight-week ban (currently blocked by courts). 

House Bill 1854, introduced Jan. 2022, would defund Planned Parenthood. State Rep. Mary Elizabeth Coleman, R-Arnold, in 2022 introduced a Texas-style heartbeat ban.

Montana

State Supreme Court has found a "right to abortion." Abortion restricted after viability; other restrictions, such as requirement that only doctors perform abortions, are enjoined by court order. 

Nebraska

Six-week ban currently under consideration. State also has dilation and evacuation abortion ban. Six week abortion ban has been introduced. 

Nevada

Right to abortion enshrined in state law since 1990. 

New Hampshire

New 24-week limit took effect in 2022. For this year, legislation has been introduced to repeal the state's 24-week limit and ultrasound mandate; a bill to protect the conscience rights of healthcare workers who object to abortion, sterilization, or artificial contraception; a bill to allow biological father to seek a court injunction to stop a mother having an abortion; and a heartbeat ban.

New Jersey

Bill S49/A6260, which was introduced Jan. 6, codifies a “fundamental right to reproductive autonomy, which includes the right to contraception, the right to terminate a pregnancy, and the right to carry a pregnancy to term.” 

A “right to abortion” already existed in New Jersey because of state Supreme Court rulings. Proponents of the bill say the legislation is necessary to protect abortion in the state if Roe v. Wade were overturned. 

The bill passed by both houses of the New Jersey state legislature the afternoon of Jan. 10 was vigorously opposed by the state’s Catholic conference. Gov. Phil Murphy signed the bill into law Jan. 13. 

New Mexico

1969 abortion ban repealed in 2021.

New York

The 2019 Reproductive Health Act eliminated restrictions on abortion until the moment of birth in cases deemed necessary for the mother’s "life and health."

North Carolina

20-week ban. Heartbeat bill introduced. 

North Dakota

Trigger law, heartbeat bill. Republican Sen. Janne Myrdal has said she wants to pass a Texas-style heartbeat ban.

Ohio

Heatbeat ban. Texas-style heartbeat ban introduced in late 2021.

Oklahoma

Pre-Roe ban, Trigger law, Heartbeat ban. A Republican lawmaker, Oklahoma State Rep. Sean Roberts, has announced plans to introduce a law modeled after the Texas abortion ban.

Oregon

Abortion fully protected under state law.

Pennsylvania

24-week-limit; abortion not explicitly protected under state law.

Rhode Island

Abortion protected under state law. The Equality in Abortion Coverage Act seeks to repeal a law prohibiting insurance coverage for state employees and Medicaid recipients seeking abortions.

South Carolina

Heartbeat ban. Introduced in 2022, House Bill 4568 and its counterpart Senate Bill 907 would require “the disclosure of medical information" about abortion pill reversal. Other legislative efforts are underway to make adoption easier and less expensive in the state. 

South Dakota

Trigger law. Governor Kristi Noem said in Jan. 2022 that she will be introducing a heartbeat ban for the state, as well as introducing legislation to ban telemedicine abortions in South Dakota. 

Tennessee

Trigger law, heartbeat ban, State constitution bars protection.

Texas

Pre-Roe ban, Trigger law, Heartbeat ban (currently enforced through private lawsuits).

Utah

Trigger law as well as numerous other current restrictions on abortion such as a waiting period.

Vermont

Abortion protected under state law. The Vermont House of Representatives is due to begin debate on an amendment to enshrine the right to abortion in the state constitution, which would require voter approval in the fall.

Virginia

Abortion not explicitly protected under state law. Several abortion expansions enacted in 2021, including the allowal of abortion coverage to be included without limits in health plans on the state exchange, meaning that taxpayers would be funding abortions under the law. 

Governor-elect Glenn Youngkin has suggested he may be open to a 20-week ban.

Washington

Abortion protected under state law.

West Virginia

Pre-Roe ban, dilation and evacuation abortion ban, State constitution bars protection. West Virginia's House Bill 4004 would ban most abortions after 15 weeks.

Wisconsin

Pre-Roe ban, but Wisconsin’s Democratic Attorney General Josh Kaul has said he will not enforce a ban on abortions if the Supreme Court overturns Roe v. Wade.

Wyoming

Restricts abortion after viability - abortion not protected under state law. Some have speculated that Republican lawmakers may introduce a Texas-style heartbeat ban.

Washington, DC

Abortion fully protected under law.

Catholic health care system removes race as factor in eligibility for COVID-19 treatments

null / Gorodenkoff via Shutterstock.

Denver Newsroom, Jan 19, 2022 / 14:17 pm (CNA).

A Catholic health care system in Wisconsin is no longer including race as a factor in determining a patient’s eligibility for COVID-19 treatments.

SSM Health and its affiliates use a risk scoring calculator to determine a patient’s eligibility for COVID-19 treatments including monoclonal antibodies. 

A previous version of the calculator boosted the scores of nonwhite or Hispanic patients, making them more likely to be prioritized for treatments that have become increasingly scarce amid a surge in omicron cases. Monoclonal antibody treatments are in particularly short supply because some versions of the treatment are reportedly ineffective against the omicron variant.  

The Wisconsin Institute for Law and Liberty questioned the inclusion of race in the calculator in a Jan. 14 letter to SSM Health’s president and CEO. SSM Health responded that the calculator was updated to no longer include race, though it is unclear when that happened.

“While early versions of risk calculators across the nation appropriately included race and gender criteria based on initial outcomes, SSM Health has continued to evaluate and update our protocols weekly to reflect the most up-to-date clinical evidence available,” SSM Health said in a statement. “As a result, race and gender criteria are no longer utilized.”

Other factors included in the calculator include age, gender, and preexisting health conditions. 

Healthcare providers under the umbrella of the Minnesota Resource Allocation Program were also factoring in race in determining patient eligibility for COVID-19 treatments. The policy was reversed on Jan. 12, the same day a conservative advocacy group threatened to sue Minnesota.

New state policy prioritizes treatment for people who are immunocompromised or pregnant. 

Both healthcare systems were following a directive from the U.S. Food and Drug Administration to prioritize race in the administration of COVID-19 treatments. 

Some studies suggest racial minorities are at higher risk of being hospitalized for COVID-19. But conservative leaders have argued that it is unjust and illegal to discriminate against patients based on race. 

Senator Marco Rubio (R-FL) decried the practice in a Jan. 11 letter to the Acting Commissioner of the FDA

“While our nation should seek to better understand and address real disparities that exist in health outcomes, that important work is a far cry from the rationing of vital medicines based on race and ethnicity,” Rubio wrote. “Rationing life-saving drug treatments based on race and ethnicity is racist and un-American. There is no other way to put it.”

Rubio suggested appropriate factors include age and preexisting conditions. 

“Medical research has long documented that many of these comorbidities disproportionately impact people of color,” he wrote. “Therefore, by prioritizing an individuals’ medical history, healthcare providers would ensure racial minorities at highest risk of disease, including all other high-risk patients, can receive these life-saving drugs.”

City names 2022 the Year of Edith Stein to mark 100 years since her baptism

Edith Stein, pictured as a student in 1913-1914. / Public Domain.

Rome Newsroom, Jan 19, 2022 / 12:00 pm (CNA).

She was baptized on Jan. 1, 1922.

New committee aims to build up political candidates who support religious liberty for all

American flag and Church. / Quinn Dombrowski via Flickr (CC BY-SA 2.0).

Denver Newsroom, Jan 19, 2022 / 09:52 am (CNA).

The Religious Freedom Institute on Tuesday launched a committee to support political candidates who defend the free exercise of religion for all.

The National Committee for Religious Freedom describes itself as a non-partisan organization that will support “any candidate from any political party who supports religious freedom, and oppose any candidate of any political party who does not.”

As part of the Jan. 19 launch, Cardinal Timothy Dolan of New York, chair of the U.S. Catholic bishops’ committee on religious freedom, hailed the committee’s creation, while lamenting the fact that the “first freedom” of religious liberty is “surely one of the last freedoms to get a committee to safeguard it.”

Dolan recently spoke out against attacks on houses of worship and religious art, saying such attacks are akin to attacking the community who prays there.

Sam Brownback, a Catholic and a former U.S. ambassador-at-large for religious freedom, said the founders of the group are “increasingly concerned with declining religious freedom here at home” and the “exponential” effect that has overseas. He said the committee plans to run educational campaigns and assess candidates’ positions on religious freedom; create voter guides; and ask candidates to sign a pledge to support religious freedom.

Though the founders of the committee— who represent a wide range of religions— don’t agree on all points of theology, Brownback praised the fact that the group was able to come together to support the right of all Americans to “peacefully practice their faith, as is guaranteed by the First Amendment.”

Robert George, a Catholic intellectual and former chairman of the U.S. Commission on International Religious Freedom , spoke during during the launch and noted that the committee stands ready to defend the religious freedom of all people, not just Christians.

“What we don’t want is religious freedom for me, but not for thee,” he noted.

A legal group known for representing religious believers in court said late last year that support for religious freedom in America has reached a three year high.

Pope Francis Appoints Apostolic Visitor for Eritrean Catholics in U.S. and Canada

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Emmanuel Macron calls for abortion to be added to EU rights charter

Emmanuel Macron. / Frederic Legrand COMEO/Shutterstock.

Strasbourg, France, Jan 19, 2022 / 06:15 am (CNA).

He made the appeal after the election of a pro-life politician as president of the European Parliament.

Pro-Life Advocate With Down Syndrome: ‘Being Loved Is What Makes People Happy’

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City Names 2022 the Year of Edith Stein to Mark 100 Years Since Her Baptism

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