Key Takeaways

While the Supreme Court decided to eliminate protections for abortion care last week, some states made the decision years ago.

Thirteen states had “trigger laws” in place to restrict abortion the moment a ruling reversedRoe v. Wade—the 1973 case which guaranteed the right to an abortion federally.

“Trigger laws and abortion bans harm our patients. People will continue to seek abortion care,” Meera Shah, MD, a family medicine physician and chief medical officer of Planned Parenthood Hudson Peconic, told Verywell. “What the bans are really going to do is delay care and push people out further in gestational age. If they do end up getting to a health center, it’s going to increase costs, travel time, and complications if they miscarry or start hemorrhaging.”

A Verywell Report: Restricting Abortion Will Cost Women Their Lives

What Are Trigger Laws?

A trigger law is an unenforceable law that can become enforceable if something changes. While the laws restricting or banning abortion passed in individual states, they never took effect, becauseRoe v. Wadeprevented the criminalization of abortion across the country. But if the federal law was ever struck down, those trigger laws could go into action.

Not all trigger laws are the same. Some ‌make an exception for abortion depending on a person’s point in pregnancy and cases of rape, incest, or if there are fetal abnormalities. However,Elizabeth Nash, a state policy analyst at Guttmacher Institute, told Verywell that even the exceptions are severely restrictive. Even if a person seeking an abortion is eligible for an exception, they will have to jump through hurdles to get it.

“The exceptions are narrowly-tailored, because abortion opponents see any exception as a loophole. So they’ve written them in a way that requires people to meet a lot of criteria in order to use the exception,” Nash said.

For example, qualifying for a rape or incest exception could require a police report, which could re-traumatize a person.

13 States Have Trigger Laws Banning Abortion

Thirteen states either carried or began the process of enacting their trigger laws onceRoe v. Wadewas struck down.

Here is what each state’s trigger law entails, according to the Guttmacher Institute:

7 Things to Know About Your Reproductive Rights in a Post-Roe World

Other States Will Probably Ban Abortion, Too

Nash says to expect more states to follow with restrictive laws, or to outlaw abortion altogether. Some had restrictive abortion laws on the books beforeRoe v. Wadewas introduced in 1973, but meaning those laws have been illegal until now.

“We have states that adopted six-week bans years ago, and those six-week bans have been tied in the courts and not in effect,” she said. “But now we’re seeing courts dismiss those cases and allow those bans to go into effect as well.”

In addition to the trigger ban states listed above, nine other states are certain to ban abortion:

Some States Are Preparing to Help Travelers Who Need Abortion Care

Right now, out-of-state abortions are still legal. Anyone can safely travel to another state to get an abortion without fear of prosecution when they return home.

Mail-Order Abortion Access Transcends State Lines

On the flip side, some states have taken proactive measures to protect out-of-state travelers who are seeking abortions. In California, Governor Gavin Newsomsigned legislationto prevent the medical information of people who need an abortion from being shared with other states or departments. California will not extradite doctors who provide abortion care to out-of-state patients.

While these protections are good, Nash cautions that they mainly benefit people who can afford to travel to other states and get an abortion in the first place.

“If you are wealthier and you’re White, you have resources ‌you can use to leave your state and access abortion services. But if you are low-income, if you are a Black or brown patient, or if you’re a young patient, then it’s much harder to access abortion services.”

As states that protect abortion absorb folks form states that do not, it’s becoming more difficult to get care.

“Clinics across the country are looking at long wait times, meaning that the next available abortion appointment could be three or four weeks away, whether you live in California or coming from Alabama,” Nash said.

Can Trigger Laws Do More Than Ban Abortion?

Right now, trigger laws only ban abortions. But Nash said some laws are worded vaguely and could affect other methods of contraception, such as Plan B or an IUD, depending on how a state defines when life begins.

Given thatRoe v. Wadeallowed the right to privacy, overturning the ruling could cause a domino effect and take away other rights.

“Overturning abortion rights undermined the right to privacy, so some things to keep an eye on are the rights to contraceptives, LGBTQ+ rights, and marriage rights.”

Overturning Roe v. Wade Could Have Consequences Beyond Abortion Restrictions

What This Means For YouThe Supreme Court’s decision to strike downRoe v. Wademeans individual states can decide whether or not to allow abortion. Your state may restrict when you can get an abortion or seek legal action against you for trying to get one.If you are seeking abortion but live in a state that has near-total abortion bans, options are available. Experts recommend going to sites such as Planned Parenthood,abortionfinder.orgor theNational Network of Abortion Fundsto figure out the closest abortion health center where legal abortion care is available.

What This Means For You

The Supreme Court’s decision to strike downRoe v. Wademeans individual states can decide whether or not to allow abortion. Your state may restrict when you can get an abortion or seek legal action against you for trying to get one.If you are seeking abortion but live in a state that has near-total abortion bans, options are available. Experts recommend going to sites such as Planned Parenthood,abortionfinder.orgor theNational Network of Abortion Fundsto figure out the closest abortion health center where legal abortion care is available.

The Supreme Court’s decision to strike downRoe v. Wademeans individual states can decide whether or not to allow abortion. Your state may restrict when you can get an abortion or seek legal action against you for trying to get one.

If you are seeking abortion but live in a state that has near-total abortion bans, options are available. Experts recommend going to sites such as Planned Parenthood,abortionfinder.orgor theNational Network of Abortion Fundsto figure out the closest abortion health center where legal abortion care is available.

2 SourcesVerywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Guttmacher Institute.13 states have abortion trigger bans — Here’s what happens when Roe is overturned.Guttmacher Institute.26 states are certain or likely to ban abortion without Roe: Here’s which ones and why.

2 Sources

Verywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Guttmacher Institute.13 states have abortion trigger bans — Here’s what happens when Roe is overturned.Guttmacher Institute.26 states are certain or likely to ban abortion without Roe: Here’s which ones and why.

Verywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.

Guttmacher Institute.13 states have abortion trigger bans — Here’s what happens when Roe is overturned.Guttmacher Institute.26 states are certain or likely to ban abortion without Roe: Here’s which ones and why.

Guttmacher Institute.13 states have abortion trigger bans — Here’s what happens when Roe is overturned.

Guttmacher Institute.26 states are certain or likely to ban abortion without Roe: Here’s which ones and why.

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