Abortion already is re-emerging as a flashpoint in the U.S. as this year’s state legislative sessions begin. States soon could have considerably more power to restrict the procedure if the Supreme Court curtails or overturns Roe v. Wade. lwhitehurst.
Meanwhile, at least seven states could follow Texas, which has already effectively banned abortions after six weeks with a law strategically written to avoid a federal court challenge. The Supreme Court has allowed the law to remain in effect, even though it appears to contradict the Roe decision.
The Texas law is unusual because it allows private citizens to file civil lawsuits against anyone who helps someone else get an abortion after six weeks. It has made legal challenges difficult because the government is not involved in enforcement. Meanwhile, at least three Republican-led states — Arizona, Florida and West Virginia — are weighing bans on the procedure after 15 weeks, similar to the Mississippi law that the Supreme Court appeared to view favorably during arguments in December. Under Roe, abortions are legal until the point a fetus can survive outside the womb, which is usually around 24 weeks.
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