Republican-led states interpret the Supreme Court’s abortion policy in different ways. According to jurists, this indicates that the matter can still be returned for consideration.
Several problems and contradictions have appeared in the implementation of the new abortion laws in the United States.
A comprehensive abortion ban is expected from the four Republican-led states this week, when the abortion laws of Idaho, Tennessee, Texas and North Dakota are tightened, i.e. the states’ already established laws come into force.
For example, on Wednesday, a federal judge in Idaho barred the state from enforcing a strict ban on abortion in medical emergencies if women threatened with pregnancy complications need emergency care.
A federal judge in Idaho also defended the US Department of Justice, which argued that the abortion ban was inconsistent with federal law.
Texas interpreted the law to the contrary
In Texas, a federal judge reached the exact opposite interpretation to that in Idaho. In Texas, the court ruled that federal guidelines would have required hospitals to perform abortions before the mother’s life was clearly in danger, which would have violated the state’s abortion law.
Legal experts say that these conflicting decisions in Idaho and Texas may force the Supreme Court to return to the debate
– When we interpret state laws this way, this is also a small warning if we go to excess for political purposes, professor Nicole Huberfelt says the Reuters news agency.
So far, 13 states have introduced their own so-called trigger laws after the conservative-majority U.S. Supreme Court overturned the Roe v. Wade precedent that guaranteed abortion rights in June.
The deadline for Idaho, Tennessee and Texas to change the law is Thursday, North Dakota Friday.
Heartbeats count
All four states, with the exception of North Dakota, already have anti-abortion laws in place. Most of the clinics have already stopped offering the service or moved to other states where abortion is still legal.
Texas, the second most populous US state, has banned most abortions after detecting a fetal heartbeat. This ban has been in effect for almost a year.
In all, more than 40 states restrict some abortions after a certain gestational age, according to the Guttmacher Institute, a research group that supports abortion rights.
In Tennessee, only two out of six abortion clinics have continued to offer the service since the Supreme Court’s ruling in June.
Tennessee has also enacted a heartbeat law. Doctors who break the law can face up to 15 years in prison.
Waiting increases stress
Tennessee has also required patients to wait 48 hours before obtaining an abortion, making the situation even more challenging.
In Memphis, for example, a private surgery clinic in the area says it turned away nearly 100 patients who were no longer eligible for abortion during the second visit.
North Dakota is also waiting on Friday to see if its abortion law will be implemented. Lawyers for the state’s only abortion clinic have already asked for a delay. The judge has promised to make a decision on the application by the end of this week.
Since the U.S. Supreme Court limited the right to abortion, clinic services have decreased in many areas. Doctors have stopped performing medical abortions and removed surgical abortions for those more than 16 weeks pregnant.
For example, clinics in North Carolina and Utah already offer limited services due to the threat of new abortion restrictions. Clinics fear that operations may be interrupted by a court decision or a sudden adoption of a law.
You can discuss the topic until 23:00 on Friday 26.8.