A Review of Exceptions in State Abortions Bans: Implications for the Provision of Abortion Services (2023)

Key Takeaways

Abortion is currently banned in 14 states and many other states have attempted to ban or severely restrict access to abortion. Nearly all of these bans include exceptions, which generally fall into four categories: to prevent the death of the pregnant person, when there is risk to the health of the pregnant person, when the pregnancy is the result of rape or incest, and when there is a lethal fetal anomaly.

  • In practice, health and life exceptions to bans have often proven to be unworkable, except in the most extreme circumstances, and have sometimes prevented physicians from practicing evidence-based medicine.
  • Abortion bans and restrictions have led physicians to delay providing miscarriage management care. Many states allow for the removal of a dead fetus or embryo, but pregnant people who are actively miscarrying may be denied care if there is still detectable fetal cardiac activity or until the miscarriage puts the life of the pregnant person in jeopardy.
  • Mental health exceptions are rare despite the fact that 20% of pregnancy-related deaths are attributable to mental health conditions.
  • Law enforcement involvement is often required to document rape and incest, which often prevents survivors from accessing abortion care. Furthermore, survivors in states where abortion care is restricted can have difficulty finding an abortion provider.
  • In many states there is more than one abortion ban in the books, in some of those states, the exception provisions in the bans are often at odds with each other. These multiple bans and varying exceptions create confusion among patients and providers.


Since the Supreme Court’s Dobbs decision overturning Roe v. Wade, state abortion bans and the exceptions they contain – or lack – have garnered significant attention. Conversations about these exceptions, however, often obscure the reality that many of these exceptions can be unworkable in practice. There are reports of people being unable to obtain abortions, despite the fact that their pregnancies fall into these broad exception categories. While there is no accurate estimate of the number of people seeking abortion care in circumstances that qualify for an exception in states than ban abortion, the number of people who have received abortion care post –Dobbs in states that have banned abortion is very low. Many of the exceptions included in these bans use definitions that are vague, narrow, and non-clinical, and effectively remove the ability of health care providers to best manage the care of pregnant people, instead leaving that decision to the state or the clinician’s home institution. Further complicating matters, several states have multiple bans in effect, often with contradicting definitions, requirements, exceptions, and standards, creating ambiguity for clinicians and their patients. This brief analyzes the exceptions to abortion bans and discusses how their purported aims to provide life-saving care may not be achieved in practice.

What kinds of exceptions do abortion bans contain?

Exceptions to state abortion bans generally fall into four general categories: to prevent the death of the pregnant person, to preserve the health of the pregnant person, when the pregnancy is the result of rape or incest, and where the embryo or fetus has lethal anomalies incompatible with life.

To prevent the death of the pregnant person

All state abortion bans currently in effect contain exceptions to “prevent the death” or “preserve the life” of the pregnant person. As explained in further detail in the section below, these exceptions may create difficulties for physicians, as it is unclear how much risk of death or how close to death a pregnant patient may need to be for the exception to apply and the determination is not up to the physician treating the pregnant patient.

When there is risk to the health of the pregnant person

Many state bans currently in effect – with the exception of Arkansas’ bans, Idaho’s total ban, Mississippi’s total ban, Oklahoma’s bans, South Dakota’s ban, and Wisconsin’s ban – contain some form of health exception. Exceptions to preserve the health of the pregnant person can vary (sometimes significantly) from state to state (Table 1).

Most states with bans that contain a health exception permit abortion care when there is a serious risk of substantial and irreversible impairment of a major bodily function. These exceptions are limited by the lack of specific clinical definitions of the conditions qualifying for the exception. Only the Arizona ban explicitly defines the bodily functions that may be considered “major.” The other states that use this language in their bans do not define what constitutes a “major bodily function,” nor what constitutes a “substantial impairment” to a major bodily function. This vague language puts physicians providing care to pregnant people in a difficult situation should their patients need an abortion to treat a condition jeopardizing their health and can leave the determination of whether an abortion can be legally provided to lawyers for the institution in which the clinician practices. For instance, in Ohio, where the abortion ban has a health exception, the law lists a couple of conditions that may fall under this exception, such as pre-eclampsia and premature rupture of the membranes, but with no further detail. Using this language as guidance, it would be difficult for physicians to know if a significant health issue would fall under the exception. The difficulties presented by the simultaneous vagueness and narrowness of the exceptions are exacerbated by the lack of deference given to clinicians’ medical judgment under these bans.

In their lawsuit against the Ohio abortion ban, providers challenged the provisions of the health exception, arguing its vagueness makes it impossible to treat some patients presenting with serious health concerns. As an example, one provider detailed the case of a woman with stage III melanoma who was denied cancer treatment while pregnant and was also denied abortion care in Ohio because clinicians could not confirm whether the ban’s exceptions applied to her case. Instead, this woman left the state to terminate her pregnancy and receive cancer treatment.

However, even if these terms were defined more clearly, they would still exclude many health conditions pregnant people face. In Georgia, for example, where the health exception is slightly narrower than Ohio’s, providers challenging the ban note that the exceptions do not permit abortion care when it is needed to prevent: “(1) substantial but reversible physical impairment of a major bodily function, (2) less than ‘substantial’ but irreversible physical impairment of a major bodily function, or (3) substantial and irreversible physical impairment of a bodily function that is not ‘major.’” A medical condition may still be a significant health event, yet not qualify under the exceptions, even if their limits were more clearly defined.

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In Texas’ abortion ban, the health exception is limited to situations where there is “a life-threatening physical condition aggravated by, caused by, or arising from a pregnancy that […] poses a serious risk of substantial impairment of a major bodily function unless the abortion is performed or induced”. A condition needs to be “life-threatening” and “be aggravated by, caused by, or arising from the pregnancy” for a clinician to be able to intervene by providing abortion care. Many serious health conditions unrelated to the pregnancy do not qualify under this exception, nor do conditions where the pregnant person’s life is not at risk, but where there is nonetheless serious risk of substantial impairment of a major bodily function. In cases where terminating a pregnancy is necessary to begin medical treatment, it is difficult to ascertain if the pregnancy itself can be said to be aggravating the condition and therefore qualify for the exception.


Mental health conditions account for over 20% of pregnancy-related deathsin the US, yet almost all states with health exceptions limit them to conditions affecting physical health, with some going further and explicitly precluding emotional or psychological health conditions. Alabama, the only state that includes mental health concerns in its health exception, requires a psychiatrist to diagnose the pregnant person with a “serious mental illness” and document it is likely the person will engage in behavior that could result in her death or the death of the fetus that due to their mental health condition. The law does not define “serious mental illness” and does not allow physicians to determine what serious mental illnesses qualify for the exception. In addition, abortion bans and restrictions in Georgia, Kentucky, Louisiana, Ohio, Tennessee, Idaho, Florida, Iowa, West Virginia, and Wyoming explicitly exclude mental/emotional health. Several other states (Texas, Oklahoma, Mississippi, the remaining Kentucky ban, and one of Arkansas’ total bans) limit their life and/or health exceptions to physical conditions, without explicitly calling out mental/emotional health exceptions.


Some states’ abortion laws specify that care for ectopic pregnancies and pregnancy loss is not criminalized in its statutes. Most states with these provisions in their bans allow for the removal of a dead fetus or embryo, but not for miscarriage care, generally. This means that pregnant people who are actively miscarrying may be denied care if there is still detectable fetal cardiac activity. There have already been reports of such situations in Texas and Louisiana. In Louisiana, for example, a pregnant woman went to the hospital after experiencing sharp pain and bleeding. She was informed her fetus had likely stopped growing a few weeks prior, as its size did not correspond to the length of her pregnancy, and that it had very faint cardiac activity. Despite the pain and the blood loss she was experiencing, she could not receive the regimen of mifepristone and misoprostol commonly prescribed to pregnant patients who are miscarrying to ensure that the pregnancy is safely expelled from the body completely in a timely manner, thereby decreasing the risk of sepsis and infection. Instead, she had to wait for the miscarriage to progress without medical intervention, which would have expedited the process and reduced her medical risk. In states where the abortion bans do not clarify that miscarriage care is not criminalized – even when there is still detectable cardiac activity – pregnant people may not be able to receive care to manage their pregnancy loss unless and until it becomes a medical emergency.


In deciding whether or not to provide abortion care to preserve the health of a pregnant patient, physicians now face the risk of a jury or the state disagreeing with their judgment about the gravity of the health risk the pregnant person was experiencing, and as a result, face prison time, monetary fines, and loss of professional license. Prior to the Supreme Court’s decision in Dobbs, the decision to have an abortion pre-viability when facing a health risk was one the pregnant person would make in consultation with medical professionals. How much risk constituted too much risk was up to the pregnant person and their physician, taking into account the needs and overall health history of the pregnant patient. In states with abortion bans, in deciding whether or not to provide abortion care to preserve the health of a pregnant patient, physicians now face the risk of a jury or the state disagreeing with their judgment about the gravity of the health risk the pregnant person was experiencing, and as a result, face prison time, monetary fines, and loss of professional license.

In state court challenges against the bans, providers have argued that the vagueness of the bans is unconstitutional, since it places them in a situation where it is unclear how they might follow the law. As a result, physicians may be more reluctant to provide abortion care when pregnant patients present with serious medical conditions and may deny abortion care to pregnant people with conditions that threaten their health until their condition deteriorates and the narrow exceptions inarguably apply. This delay in care, however, creates greater and avoidable risks to the health of the pregnant person. Additionally, many conditions that threaten the health of pregnant people are not included in all or most health exceptions.

The difficulties these bans and their unclear exceptions create may additionally deter physicians from practicing medicine in states that ban abortion. There have already been reports of physicians expressing reluctance or refusing to relocate to these states, as well as physicians leaving these states due to their restrictive laws. A substantial portion of these states’ residents already live in maternity deserts – areas where there are no obstetric providers or birth centers – and studies have shown that maternal mortality rates are higher in states that restrict abortion. Physicians being deterred from practicing in states with restrictive abortion laws may exacerbate these disparities in access to obstetric care and health outcomes.

Zurawski v. State of Texas
Five women who were denied abortion care in Texas ­- despite facing dangerous pregnancy complications – and two ob-gyns filed a lawsuit in Texas state court asking the court to clarify the scope of the medical emergency exceptions in the state’s three abortion bans. Plaintiffs are specifically asking the court to clarify that:

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  • Physician judgment should be granted deference in measuring the risk the pregnant person is facing,
  • Impairment of a “major bodily function” includes harm to fertility and the reproductive system,
  • Acute risk does not have to be already present or imminent for the exceptions to apply, and
  • Health exceptions apply in situations where treatment for a condition is unsafe during pregnancy and for fetal conditions and diagnoses that can increase the risk to a pregnant person’s health.

Plaintiffs argue the misapplication of the health exceptions violates state constitutional guarantees to fundamental and equal rights.


The intersection of federal law requiring hospitals to provide stabilizing care and state abortion bans is another murky area hospitals and physicians must navigate. Enacted in 1986, the Emergency Medical Treatment and Active Labor Act (EMTALA) requires Medicare enrolled hospitals to perform an appropriate medical screening examination to any patient who presents to their dedicated emergency department. If a patient is identified as having an emergency medical condition, the hospital must provide stabilizing treatment within the hospital’s capability or transfer the patient to another medical facility.

HHS, through its Office of the Inspector General (OIG) may impose a civil monetary penalty on a hospital ($119,942 for hospitals with over 100 beds, $59,973 for hospital under 100 beds/ per violation) or physician ($119,942/violation). HHS OIG may also exclude physicians from participating in Medicare and State health care programs. This is countered by the possibility that physicians could also face monetary penalties and prison time for violating state abortion bans, even if they determine that an emergency abortion is needed to stabilize the health of the patient.

As states were starting to implement abortion bans after the Dobbs decision, in July 2022, the Department of Health and Human Services (HHS) issued guidance regarding the enforcement of EMTALA that clarifies hospitals and physicians have obligations to provide stabilizing care, including abortion in medically appropriate circumstances, when a patient presenting at an emergency department is experience an emergency medical condition.

After HHS issued this guidance, two lawsuits were filed. HHS sued the State of Idaho to block enforcement of Idaho’s abortion ban to the extent it conflicts with EMTALA and the State of Texas sued to block enforcement of the HHS guidance in Texas.

These two cases have resulted in conflicting decisions in the federal district courts. In the Idaho case, the court concluded that because the Idaho law does not include exceptions for health or life, the law conflicts with EMATLA. The Idaho law only allows physicians to assert a defense to criminal prosecution if in their good faith medical judgment performing the abortion was “necessary to prevent the death of the pregnant woman.” There is no affirmative defense (see box below) if the physician performed the abortion to prevent serious harm to the patient, rather than to save her life. The district court has blocked Idaho from enforcing the abortion ban to the extent it conflicts with EMTALA while the litigation proceeds.

The federal district court in Texas reached the opposite decision and blocked HHS from enforcing its EMTALA guidance in Texas. The court highlighted that the HHS Guidance states that abortion may be required for medical conditions that are likely to become emergent. Texas law requires that life-threatening physical conditions to already be present. The court concluded that Texas is likely to succeed on their claim that the HHS Guidance exceeds HHS’s statutory authority: “The Guidance goes well beyond EMTALA’s text, which protects both mothers and unborn children, is silent as to abortion, preempts state law only when the two directly conflict. Since the statute is silent on the question, the Guidance cannot answer how doctors should weigh risks to both a mother and her unborn child.” The Biden Administration has appealed this decision to the 5th Circuit Court of Appeals.

Exception vs. Affirmative Defense

Some state abortion bans lack exceptions but identify situations that may be used as an affirmative defense in court – among these are Tennessee’s 6-week LMP ban, Idaho’s total ban, Kentucky’s 15-week ban (but not the state’s earlier gestational bans), and all of Missouri’s bans. An “affirmative defense” allows someone charged with a crime to show in court that their conduct was permissible even though the action itself is illegal. An affirmative defense does not make it legal to provide abortion care in the situations delineated in the law and means that a clinician who provided abortion care is open to prosecution – regardless of the reason they provided an abortion – and would bear the burden of proof to demonstrate that they provided care according to the conditions delineated as possible affirmative defenses in the abortion ban. Bans that rely on an affirmative defense leave physicians more vulnerable to criminal prosecution and they make it even riskier for physicians to provide abortion care in situations where the life or health of the pregnant person is at risk.

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Sexual Assault Exceptions

A few of the state abortion bans contain exceptions for pregnancies resulting from rape or incest, generally requiring that the sexual assault be reported to law enforcement. Some states allow for a Child Protective Services (CPS) report in lieu of a law enforcement report for minors who are survivors of sexual assault or incest.

It is well documented that survivors are often afraid to report sexual violence to the police due to fear of retaliation, shame, reporting an incident to officials who will not respond adequately, not wanting friends or family to know, fear of the justice system, or other personal reasons. It is estimated that out of every 1000 sexual assaults, only 310 are reported to the police and 50 of these reports will lead to arrest, 28 of which will lead to a felony conviction. Even for survivors who do report to law enforcement, state abortion bans do not make clear exactly what information needs to be given to a provider to make it clear that the abortion would be legal in that state. Reporting requirements place barriers in the way of survivors seeking abortion care in these states.

Among the few sexual assault exceptions, some have specific gestational limits. For instance, the total ban currently in effect in West Virginia contains an exception for cases of rape or incest, but it is limited to 8 weeks from the last menstrual period (LMP) for adults and 14 weeks LMP for minors.

Although sexual assault exceptions are intended to protect survivors, experts agree that they rarely work. There is anecdotal evidence of survivors in states with rape exceptions and who have compiled the necessary documentation, but still not being able to access abortion because they couldn’t find any abortion providers in their state.

Hyde Amendment

The Hyde Amendment is a policy that restricts the use of federal funds to cover abortion, except in cases of rape or incest, or when the life of the pregnant person is endangered (Hyde Exceptions). The policy is not a permanent law, but rather has been attached as a temporary “rider” to the Congressional appropriations bill for the Department of Health and Human Services (HHS) and has been renewed annually by Congress. In the past, federal courts have interpreted the Hyde provisions to require states to pay for abortions that fall into the Hyde Exceptions and have blocked enforcement of state statutes that prohibit coverage for these cases. However, the enforceability of these requirements has been unclear since the Supreme Court’s decision in Dobbs. Although all bans currently in effect contain exceptions to safeguard the life of the pregnant person, most states with abortion bans do not have exceptions for cases of rape or incest, and therefore, would not allow for the provision or coverage of those services to Medicaid recipients, contrary to previous court orders. To date, no court or federal agency has issued orders or guidance on states’ obligation to provide coverage for Hyde Exceptions when their bans prohibit the provision of abortion in cases of rape or incest.

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Lethal Fetal Anomaly Exceptions

Bans in several states contain exceptions for lethal fetal anomalies, usually limited to those anomalies that would result in the death of the baby at birth or soon after. As with health exceptions, lethal fetal anomaly exceptions are poorly defined and limited in statute. The only state with this kind of exception that has a comprehensive list of conditions that fall under this category is Louisiana, but since the state has multiple abortion bans in effect (one of which does not include exceptions for fatal fetal anomalies), the applicability of this exception is still unclear. Other states, like Indiana, provide some general criteria, such as how long after birth the baby can be expected to live for a pregnancy to fall under the fetal anomaly. Any condition that would result in a life expectancy shorter than three months fits under the exception. The religious freedom lawsuit against the state’s ban – Anonymous Plaintiffs v. Medical Licensing Board of Indiana — specifically challenges the narrow limits of the exception, arguing that other common conditions, such as Tay-Sachs disease would result in the death very early in childhood.

What happens in states with more than one abortion ban in effect?

In many states there is more than one abortion ban in the books, and in some of those states the exception provisions in the bans are at odds with each other. In Oklahoma, four bans are currently in effect, each with different exceptions. The state’s pre-Roe, total ban contains only an exception to preserve the life of the pregnant person. The total ban with criminal penalties enacted in 2022 contains exceptions to preserve the life of the pregnant person and clarifies that treatment to remove an ectopic pregnancy does not constitute an abortion. The state’s total ban with private, civil enforcement contains exceptions to preserve the life of the pregnant person in a medical emergency (but does not define what a medical emergency is), for cases of rape, sexual assault, or incest that have been reported to law enforcement, and in situations where federal law preempts state law. This ban also clarifies that treatment to remove an ectopic pregnancy is not an abortion. The state also has a 6-week LMP ban with private, civil enforcement that contains exceptions for medical emergencies (once again, without providing a definition for what constitutes a medical emergency) and where federal law preempts state law. The conflicting exceptions in the bans result in a situation where the only real exception in the state is for cases where an abortion is necessary to prevent the death of the pregnant person. Applying any other exception in the states’ other total bans would open physicians to criminal penalties and loss of license.

Mississippi is another state with multiple bans in effect that contain contradicting exceptions. The state’s total ban only has exceptions for cases when an abortion is necessary to preserve the life of the pregnant person or when the pregnancy was caused by rape (there is no exception for incest in the state). However, the state’s 15-week LMP ban contains exceptions for fatal fetal abnormalities and serious risk of substantial and irreversible impairment of a major bodily function, along with a life exception. In situations where there is more than one ban in effect, it might seem that the easiest way to follow the law would be to adhere to the abortion ban with the strictest gestational limit. This would not suffice in Mississippi, however, since the total ban contains an exception for pregnancies caused by rape, but the state’s 15-week LMP ban does not contain such an exception. Therefore, following any one of the state’s abortion bans would not remove the legal risk of providing abortion care in the state. Instead, providers must assess how the abortion bans and their exceptions work in conjunction.


Although a lot of attention has been devoted to debates about exceptions in abortion bans, many of these exceptions are not workable in practice. Outside of testimony from providers, it is difficult to assess how many people who qualify for abortion care under the exceptions are actually able to do so, since states do not report or underreport this information. However, it is apparent these bans create barriers to accessing abortion care, even in situations where the exceptions they outline should apply. Most importantly, these bans place the health and lives of pregnant people at risk by potentially preventing physicians from providing medically appropriate care. This inability to provide evidence-based care may additionally make physicians reluctant to practice medicine in restrictive states, amplifying already-existing discrepancies in ability to access obstetric care and adverse maternal and fetal outcomes.


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What are the negative effects of the Dobbs decision? ›

The consequences of the Dobbs decision are wide ranging. Restrictions on access to healthcare places women's lives and health at risk, leading to increased maternal mortality and morbidity, a climate of fear among healthcare providers, and reduced access to all forms of care.

What are the exceptions to the abortion law in South Dakota? ›

Abortion in South Dakota is illegal. Anyone who induces an abortion is guilty of a Class 6 felony. An exception is included to "preserve the life of the pregnant female," given appropriate and reasonable medical judgment.

What are the list of states with abortion ban trigger laws? ›

In the United States, thirteen states, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming, enacted trigger laws that would automatically ban abortion in the first and second trimesters if the landmark case Roe v. Wade were overturned.

What is the life of the mother exception in Texas? ›

Texas has several abortion bans in place that prohibit nearly all abortions, except when a mother's life is at risk or there is a risk of serious bodily harm.

What are the implications of Dobbs v Jackson? ›

In overruling Roe and eliminating the federal constitutional right to abortion, Dobbs v. JWHO allows states throughout the United States to severely restrict or ban abortion outright. The Center for Reproductive Rights estimates that 26 out of the 50 U.S. states may, in fact do so.

What was the summary of the Dobbs decision? ›

The court's decision overruled both Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), returning to individual states the power to regulate any aspect of abortion not protected by federal law.

What is the South Dakota codified law for abortion? ›

34-23A-3. Abortion during first twelve weeks of pregnancy. An abortion may be performed by a physician during the first twelve weeks of pregnancy. The abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician during the first twelve weeks of pregnancy.

Is abortion a felony in South Dakota? ›

Any person who performs, procures or advises an abortion other than authorized by chapter 34-23A is guilty of a Class 6 felony.

What are the exceptions to the North Dakota abortion law? ›

If you're in North Dakota and need an abortion

Exceptions are very limited and include: To save the pregnant person's life. To preserve the pregnant person's physical health. If the pregnancy is a result of rape and/or incest (only through 6 weeks, 0 days of pregnancy)

What is Roe vs Wade summary? ›

Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States generally protects a pregnant individual's liberty to have an abortion.

Is abortion banned under trigger law in Texas? ›

Texas's Trigger Law

In 2021, the Texas Legislature passed a bill with a trigger provision. This bill, HB 1280, contained language that would ban abortion 30 days after one of the following events occurred: The issuance of a judgment by the United States Supreme Court overturning Roe v.

What did Roe v. Wade do? ›

Roe v. Wade is the U.S. Supreme Court case that legalized abortion in the United States in 1973. Safe, legal abortion remained a recognized federal constitutional right nationwide for nearly 50 years.

What is the necessary use exception in Texas? ›

The “necessary use” exception applies when (1) the invitee, despite his awareness of the risk, must use an unreasonably dangerous premises condition, and (2) the premises owner should have anticipated that the invitee was unable to avoid the unreasonable risks associated with the condition.

What is the 10 day rule for life support in Texas? ›

In other words – when doctors and patients reach an impasse and the hospital gets its board's approval to invoke the rule, patients or their families have 10 days to find a facility that will accept them. If they can't, the hospital can stop giving life-sustaining treatment on day 11. The law is pretty rare.

Is Texas a mother's rights state? ›

Texas law establishes the rights and responsibilities of all parents. Mothers and fathers have the same rights under the law. This chapter defines the rights and responsibilities of a parent toward their children.

Is Roe v Wade substantive due process? ›

The Court in Roe reaffirmed the doctrine of Substantive Due Process and the fundamental right of personal privacy, holding that the right of personal privacy “is broad enough to encompass a woman's decision whether or not to terminate her pregnancy,” but declined to make that right absolute.

What was the Hobbs decision? ›

In a 7-2 decision, the court held an attempted Hobbs Act robbery does not qualify as a “crime of violence” because no element of the offense requires proof that the defendant used, attempted to use, or threatened to use force. The Hobbs Act punishes robbery or extortion affecting interstate or foreign commerce.

What is the amendment Dobbs v Jackson? ›

3 Abortion, Dobbs v. Jackson Women's Health Organization, and Post-Dobbs Doctrine. Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

What impact did the U.S. Supreme Court case Griswold v Connecticut have on women's rights? ›

This case was significant because the Supreme Court ruled that married people had the right to use contraception. 1 It essentially paved the road for the reproductive privacy and freedoms that are in place today. Prior to this case, birth control use was either restricted or outlawed.

Why was Roe v. Wade controversial quizlet? ›

More specifically the case challenged the laws which forbid doctors from attempting abortions unless the mothers life was in danger. The laws previously instated laws incriminated and infuriated doctors who were in trouble under the law for performing abortions.

What was the case that overturned Roe? ›

Wade, ending right to abortion upheld for decades The U.S. Supreme Court has overturned the constitutional right to an abortion, reversing Roe v. Wade, the court's five-decade-old decision that guaranteed a woman's right to obtain an abortion.

What is the South Dakota abortion trigger law 2005? ›

South Dakota's 2005 trigger law prohibits abortion "unless there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female." That's the only exception in the law.

What is the abortion trigger law in North Dakota 2007? ›

WHAT LAWS ARE IN PLAY IN NORTH DAKOTA? The state adopted a “trigger law” in 2007 to ban abortion in the event that Roe was overturned.

Is abortion a felony in North Dakota? ›

The US state of North Dakota has enacted a near-total ban on abortions, making it a felony for doctors to administer them in most cases. The law, signed by Governor Doug Burgum on Monday, creates exceptions if the mother's life is threatened.

What is South Dakota trigger law? ›

The trigger law is effective when the date states are recognized by the United States Supreme Court to have the authority to prohibit abortion at all stages of pregnancy.

Does South Dakota abortion ban life of mother? ›

In June, the U.S. Supreme Court struck down Roe v. Wade which gave unlimited rights to seek an abortion. Because of that, South Dakota's 2005 trigger law went into immediate effect, banning all abortions including in cases of rape and incest, except when the mother's life is at risk.

Can you get Plan B in South Dakota? ›

Sioux Falls Health Center offers the following emergency contraception (morning-after pill) and related services: emergency contraception education.

Is North Dakota liberal or conservative? ›

The political leanings of the state since its creation have been largely conservative. However, there has also been a vein of political progressivism within the state's history, particularly with populist efforts to gain better conditions for subsistence farmers.

Is South Dakota abortion ban law? ›

South Dakota Abortion Laws Overview

Abortion is completely banned in South Dakota because of a South Dakota law that went into effect June 24, 2022. It is legal to travel out of state to get an abortion.

Does North Dakota have Planned Parenthood? ›

Planned Parenthood patients and supporters from North Dakota have shared their stories about how their lives have been changed for the better — sometimes even saved — by a visit to a Planned Parenthood health center.

What does overturning Roe v. Wade mean for birth control? ›

What is most important to know is that the decision does not make contraception illegal. You still have a constitutional right to birth control.

Which amendment did Roe v. Wade violate? ›

The Due Process Clause of the Fourteenth Amendment protects against state action the right to privacy, and a woman's right to choose to have an abortion falls within that right to privacy. A state law that broadly prohibits abortion without respect to the stage of pregnancy or other interests violates that right.

Why did the Supreme Court overturn Roe v. Wade? ›

But abortion rights can change through subsequent decisions, even without a complete overturn. That's why so many states have continued to pass laws contradicting Roe. One such challenge out of Mississippi made it to the Supreme Court in 2022, leading to the shocking overturn of Roe v. Wade.

Is Plan B illegal in Texas? ›

Birth control and emergency contraceptives, such as Plan B or another morning-after pill that help prevent pregnancy within 72 hours after unprotected sex, remain legal under Texas abortion laws. Plan B pills are different from medication abortion pills. The U.S. Supreme Court added in its decision to overrule Roe v.

Is the abortion trigger law a felony in Texas? ›

Laws Taking Effect with the Activation of the "Trigger Law"

This section specifically protects the patient who obtains an abortion from civil, criminal, or administrative liability. This section makes performing or attempting an abortion a first or second degree felony.

What is the abortion bounty law in Tennessee? ›

This bill allows any private citizen to sue someone who they suspect has provided an abortion, someone who has simply helped a pregnant person obtain an abortion in the state, or someone who might intend to provide abortion or help a patient.

What is the exact wording of Roe v. Wade? ›

Wade, 410 U.S. 113 (1973) A person may choose to have an abortion until a fetus becomes viable, based on the right to privacy contained in the Due Process Clause of the Fourteenth Amendment.

What does undue burden mean in law? ›

Undue burden means significant difficulty or expense.

Who voted for Roe vs Wade? ›

More about the Supreme Court and abortion

Gorsuch to the court after the death of Justice Antonin Scalia. Gorsuch was confirmed 54 to 45, with support from three moderate Democrats: Sens. Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana and Manchin. Of the votes to confirm, 89% came from men.

What are the 3 examples of exception? ›

Most Common Java Exceptions
  • NullPointerException.
  • ArrayIndexOutOfBoundsException.
  • IllegalStateException.
  • ClassCastException.
  • ArithmeticException.
  • IllegalArgumentException.
Jul 19, 2021

Which exception is mandatory? ›

Exceptions that require mandatory handling are called checked exceptions.

What is the reason for exception? ›

An exception is thrown for one of three reasons: An abnormal execution condition was synchronously detected by the Java virtual machine. Such conditions arise because: evaluation of an expression violates the normal semantics of the language, such as an integer divide by zero, as summarized in §15.6.

What is Rule 68 in Texas? ›

Rule 68 provides that the defendant may serve on plaintiff an offer of judgment at any point up to fourteen days before trial. In the offer, the defendant must state that it will allow a judgment to be taken against it for a specific sum of money or on other specific terms, along with costs then accrued.

What is Rule 783 in Texas? ›

Rule 783.

(c) The interest which the plaintiff claims in the premises, whether it be a fee simple or other estate; and, if he claims an undivided interest, the petition shall state the same and the amount thereof. (d) That the plaintiff was in possession of the premises or entitled to such possession.

What is Rule 11 in Texas law help? ›

Rule 11 of the Texas Rules of Civil Procedure lets lawyers and parties to any lawsuit enter into a written agreement on any subject matter of the lawsuit.

Can my wife take my child out of state without my permission in Texas? ›

Under Texas child custody laws, when moving out of state, the parent who is primary must usually get the other parent's consent if they want to take the child with them. If they do not obtain consent, they must petition the court to request permission to move out of state.

At what age can a child refuse to see a parent in Texas? ›

At What Age Can a Child Refuse Visitation in Texas? In Texas, there is no age under 18 that allows for a child to refuse visitation. Visitation is the right of the parent, and it cannot be taken away by the custodial parent or child. The only option would be for the custodial parent to request a modification of orders.

Whose last name does the baby get if not married? ›

In the case of an unmarried couple, whoever has custody of the child will be responsible for selecting the child's first and last name. This means that an unwed mother who has custody of the child may elect to give the child her last name or put the father's last name on the birth certificate.

What is the Dobbs decision in Wisconsin? ›

In Wisconsin, the study found a 100% decrease in abortions between April and December 2022. That's because the Dobbs decision activated Wisconsin's 1849 abortion ban, which had been unenforceable since the 1973 Roe ruling. The law bans abortion with no exceptions for cases of rape, incest or the health of the mother.

What amendment is Dobbs v Jackson? ›

3 Abortion, Dobbs v. Jackson Women's Health Organization, and Post-Dobbs Doctrine. Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

What is the Dobbs decision Kentucky? ›

The two state laws – a ban on nearly all abortions in Kentucky and a ban on most abortions after about six weeks of pregnancy – were allowed to take effect last year following the U.S. Supreme Court's Dobbs v. Jackson Women's Health Organization decision.

Do post Roe trigger bans leave murky definition of medical emergency? ›

Read More: Post-Roe Trigger Bans Leave Murky Definition of “Medical Emergency” Law said doctors in states where abortion is banned may not be able to perform the procedure even if it's the best way to remove a dead fetus, putting the patient at risk for septic shock.

What is the abortion bill in Wisconsin? ›

Wade in June 2022, Wisconsin law allowed for abortions for any reason at 20 or more weeks post-fertilization, or 22 weeks after the last menstrual cycle. Under the current Wisconsin ban, first passed in 1849 and amended over the years, it is a felony to perform nearly all abortions.

When did abortion become legal in Wisconsin? ›

Wisconsin Stat. § 940.15, enacted in 1985, made abortion a crime only after viability, and allowed abortion after viability “if the abortion is necessary to preserve the life or health of the woman, as determined by reasonable medical judgment of the woman's attending physician.”

Who released the Dobbs decision? ›

The U.S. Supreme Court released a report Thursday saying it has been unable to identify the person or persons responsible for last May's unprecedented leak to Politico of the draft decision overturning Roe v. Wade.

What is the 14th Amendment in simple terms? ›

Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with “equal protection under the laws,” extending the provisions of ...

What is the 9th Amendment? ›

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

What is Dobbs First Amendment? ›

In Dobbs v. Jackson Women's Health, the Court held that the Constitution does not confer a federal right to an abortion. However, in stripping abortion of its constitutional protection, the Court also places another constitutionally protected right in jeopardy – the First Amendment.

Is the morning after pill still legal in Kentucky? ›

Arkansas' and Kentucky's laws explicitly say they don't prohibit contraceptive measures if they are used before a pregnancy can be determined. Oklahoma's abortion ban also does not apply to emergency contraception.

What is Kentucky House Bill 148? ›

House Bill 148

AN ACT relating to the assignment of substance abuse or mental health treatment benefits.

Is birth control illegal in Kentucky? ›

The law does not ban contraceptives that “prevent pregnancy or before a pregnancy can be determined through conventional medical testing,” according to a directive issued by the Kentucky attorney general's office.

Can you still get Plan B after Roe vs Wade? ›

Yes. If a person has unprotected sex or contraception fails, emergency contraception is still an option. The most well-known emergency contraceptive is the morning-after pill, which can come in two forms: Pills of Levonorgestrel — such as Plan B — or the brand Ella, which is made from ulipristal acetate.

How overturning Roe could affect IVF? ›

"Speculatively, [future laws could require that] IVF be practiced with limited fertilization; no embryos would be frozen; and they would transfer back to uterus all embryos that were created," she says.

Does Roe v Wade impact birth control? ›

What is most important to know is that the decision does not make contraception illegal. You still have a constitutional right to birth control.


1. No exceptions for rape, incest in Missouri abortion ban
(FOX4 News Kansas City)
2. WATCH: Oklahoma lawmakers debate bill that would ban nearly all abortions | May 19, 2022
(PBS NewsHour)
3. The Real World Consequences Of A Nationwide Abortion Ban
4. Two women were denied medical care due to Florida's abortion ban
5. Peril Of Abortion Bans To Women's Health Becomes Dreaded Reality
6. Nation's most restrictive abortion ban goes into effect in Texas
(CBS News)


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