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by 0x7265616374
1505 days ago
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I'm unfamiliar with the legislation in those states that have instituted a pre-emptive ban. Are those old laws still on the books that would go back into effect? Any references you could provide would be useful and appreciated. |
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South Dakota passed this law in 2005: https://sdlegislature.gov/Statutes/Codified_Laws/2047216 "Section effective on the date states are recognized by the United States Supreme Court to have the authority to prohibit abortion at all stages of pregnancy" and "Any person who administers to any pregnant female or who prescribes or procures for any pregnant female any medicine, drug, or substance or uses or employs any instrument or other means with intent thereby to procure an abortion, unless there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female, is guilty of a Class 6 felony. " so only abortions are allowed if the mother's life is at stake.
Kentucky in 2019: https://apps.legislature.ky.gov/record/19rs/HB148.html "if the United States Supreme Court reverses Roe v. Wade, or an amendment is adopted to the United State Constitution restoring state authority to prohibit abortion, no person shall knowingly administer to, prescribe for, procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being and no person shall use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being; any person who violates the prohibition is guilty of a Class D felony" Also has a clause that allows for abortion if mother's life is in danger.
Louisiana, passed in 2006: https://legis.la.gov/Legis/ViewDocument.aspx?d=405723
Oklahoma is a bit more complicated, but here is the bill that ties abortion law into Roe v Wade being overturned: http://webserver1.lsb.state.ok.us/cf_pdf/2021-22%20ENR/SB/SB...
The old laws are from other states I didn't mention, such as Michigan, which has a law from 1931 banning abortion, but enforcement is left to individual county prosecutors even if the state attorney general disagrees with the constitutionality of the old law.