The Supreme Court on Friday gave the freedom to the 50 American states to ban abortion on their soil and half should seize it in the more or less long term.

• Read also: The Supreme Court of the United States revokes the right to abortion

Automatic ban

Thirteen states, mostly in the more religious and conservative South and Center, have in recent years passed so-called “zombie” or “trigger” laws drafted to take effect automatically in the event of a change in Supreme Court case law.

They prohibit abortions with nuances: Idaho provides exceptions in the event of rape or incest, Kentucky only in the event of danger to the life of the pregnant woman; Louisiana provides up to ten years in prison for health professionals, Missouri up to 15...

In some states, such as South Dakota, they will go into effect "the day" of the decision. In others, like Arkansas or Mississippi, the attorney general will first have to confirm that the court has changed the legal framework. Finally, Texas or Tennessee have a period of 30 days between the publication of the judgment and the entry into force of the new ban.

Restrictions

Four additional states (Georgia, Iowa, Ohio and South Carolina) have laws prohibiting abortions as soon as the heartbeat of the embryo is perceptible, around six weeks of pregnancy when most women are still unaware that they are pregnant. Blocked by justice, because they violated the legal framework in force until then, they can now come into force.

Confusion

Several states have laws written before Roe v. Wade in 1973, which established the right of American women to have an abortion. Shelved for nearly 50 years, they could theoretically be immediately reactivated, but nothing is certain.

Taking note of the legal risk, the powerful organization Planned Parenthood does not plan any abortion from the end of June in Wisconsin where the Democratic governor defends the right to abortion, but not the majority Republican parliamentarians.

In Michigan, Democratic Attorney General Dana Nessel added to the confusion by promising not to prosecute people who violate the 1931 law if it becomes active again. Local prosecutors will still be able to do so, and the state risks becoming a complex patchwork.

In Arizona, Republican Governor Doug Ducey believes that a law passed in 2022 to ban abortions after 15 weeks of pregnancy will preempt previous texts, but senators in his party do not hear it that way and he will no doubt return to the courts to clarify the situation.

To monitor

Four States have, according to the Guttmacher Institute, sent signs unfavorable to abortion, but do not currently have the texts to prohibit them.

The elected officials of Nebraska or Indiana have failed to pass such laws. Those of Montana and Florida have reduced the legal deadlines for terminating a pregnancy, but the supreme courts of these States currently protect the right to abortion on their soil.

protective states

Twenty-two states - mostly on the West Coast and in the Northeast - will retain the right to abortion and some have even taken steps to expand access to abortions, including allowing more health professionals to perform them. or by increasing funding for clinics.