The United States must know by July the final decision of the Supreme Court on maintaining or overturning the understanding of the case Roe v. Wade, from 1973, who authorized abortion in the country under certain circumstances.
In early May, the leak of a draft of a The majority decision of the court indicated that the jurisprudence should be overturned, which would return to the states the freedom to legislate on the matter.
There is 49 years, the Supreme Court ruled, in an understanding that was reiterated in the decision in Planned Parenthood v. Casey (de 1992), that the American states cannot prohibit abortion before the so-called viability – the minimum period of gestation for a fetus to survive outside the uterus, now estimated at about 24 weeks.
Even with this jurisprudence, states governed by the Republican Party have passed laws with deadlines well below of that limit. Meanwhile, other states allow pregnancy to be terminated at any stage of pregnancy. Check below the most and least protective state laws for the fetus in the United States:
More pro-life laws
Even with Roe vs. . Wade, Oklahoma Governor Kevin Stitt last week signed a new law that prohibits abortion in the state from the moment of fertilization, except when the mother’s life is in danger or when the pregnancy is the result of rape or incest.
The legislation, which has been considered the most restrictive of abortion in the United States, allows criminal proceedings to be brought against anyone who helps a woman to have the procedure.
“Life begins at conception and we have a responsibility as human beings to do everything possible to protect the life of this baby and the mother,” Stitt said in a statement.
Convictions of Gazeta do Povo: Defense of life from conception
Last year , Texas passed the so-called Heartbeat Act, which bans abortion in the state from the time the fetus’s cardiac activity can be detected — around six weeks’ gestation. The legislation also allows citizens to sue anyone who assists with an abortion after that period.
The Joe Biden administration, through the Department of Justice, challenged the law in the courts, but the Supreme Court Court upheld the legislation in force.
Idaho also passed a Heartbeat Act this year, but it is suspended by a court ruling.
However , the Idaho case illustrates how pro-life laws can be tightened in the United States in the case of Roe v. Wade is overturned: on 1973, the local legislature passed a so-called trigger law, which would take effect 30 days after the publication of a decision by the United States Supreme Court to grant states the right to legislate abortion.
The Idaho trigger law would make abortion at any stage of pregnancy a offense punishable by up to five years in prison, unless the procedure is to save the mother’s life or in cases of rape or incest.
“We are excited by the very real possibility that in a few weeks abortion is unavailable in the state of Idaho. Thousands of babies will have the chance to live their lives,” said Idaho Family Policy Center President Blaine Conzatti in an interview with the Idaho Capital Sun, commenting on the prospect of reversing the understanding of 1973.
The Guttmacher Institute, a research organization that supports abortion, estimated that the overturning of the Roe v. Wade would cause 24 of 30 US states to restrict or attempt to restrict abortion immediately.
Based on Roe vs. Wade, 20 American states such as California, Connecticut and New York allow abortion until the so-called viability of the fetus. Others stipulate fixed limits close to that, between 20 and 24 weeks of gestation.
After the leak of the draft decision that should overturn the federal jurisprudence of 1973, the Democratic governor of New York, Kathy Hochul, declared that she wants the state to be “a safe haven” for those who want to have an abortion, including with greater allocation of resources .
“This is a fundamental right that is being attacked. Come to New York. This is the birthplace of the women’s rights movement. We are very proud of that. And as the first governor, I govern the state with the largest population managed by a woman,” she told MSNBC.
Most permissive states for abortion
In six states (Alaska, Colorado, New Jersey, New Mexico, Oregon and Vermont) and the District of Columbia, abortion is legal at all stages of pregnancy.
)In Colorado, Democratic Governor Jared Polis recently enacted the inclusion of the “right to abortion” in state legislation. “Colorado residents will not undergo any changes . Women will still have the power to make their own choices about when and how to have a family,” Polis said in an interview with NPR.