U.S. abortion providers are challenging a growing number of state “trigger laws” designed to ban abortion after the Supreme Court ended constitutional abortion protections.
A handful of challenges to trigger laws adopted in 13 states come as states also face expected legal battles over certain restrictions – such as bans on abortions over six or 15 weeks – as well as outdated bans from as far back to the 19th century that were never removed from state statutes after the Roe v. Wade decision in 1973.
Since the June 24 Supreme Court ruling, judges have put trigger laws on hold in states such as Kentucky and Utah, while other challenges have been made in Idaho, Oklahoma and North Dakota. More are likely, said Mary Ziegler, a Florida State University law professor who focuses on abortion.
Some of the lawsuits argue the trigger laws are too vague or violate state constitutional protections. Ziegler said the challenges in some cases may be limited to “buying time” in conservative states that have more than one type of abortion ban and where legislatures are dominated by abortion opponents.
Here are some of the states that have seen trigger laws challenges:
Idaho
What happened: A Planned Parenthood group that operates two clinics in Idaho filed a challenge to the state’s 2020 trigger law on June 27.
Idaho’s trigger law, scheduled to take effect 30 days after Roe v. Wade opinion’s issuance, bans abortion except in instances when the pregnancy puts the woman’s life at risk. Providers can face up to five years in prison. It makes exceptions for police-reported case of incest or rape, according to the Idaho Statesman.
The lawsuit argues the ban violates state constitutional rights to privacy and equal protection and is “unconstitutionally vague,” including by failing to detail when providers can offer services without facing penalties.
How abortion providers are responding: Planned Parenthood Greater Northwest spokesperson Katie Rodihan told the Idaho Capital Sun that the organization plans to provide abortion care for as long as legally possible and that several clinics had increased the number of available appointments.
What’s next: Planned Parenthood has asked the court to schedule oral arguments for Aug. 3, the Capital Sun reported. That’s the same day the court is also expected to hear a challenge to Idaho’s Texas-style ban prohibiting abortions after about six weeks of pregnancy and authorizing family members to sue medical providers for performing an abortion.
Kentucky
What happened: Jefferson Circuit Judge Mitch Perry on June 30 granted a request by the state’s two abortion providers for a temporary restraining order targeting the state’s “trigger” law that bans abortions in Kentucky. He also agreed to temporarily block enforcement of a law that bans abortions at six weeks of pregnancy.
The challenge, filed by Planned Parenthood and EMW Women’s Surgical Center, the state’s only two providers, argues that Kentucky’s constitution protects the right to privacy. The state’s 2019 trigger law bans abortion except to prevent the death or permanent injury of a pregnant woman.
How abortion providers are responding: Abortion services ended in Kentucky on June 24, the day the U.S. Supreme Court struck down abortion as a federal constitutional right. Abortions remain available as the challenge proceeds.
What’s next: Judge Perry has given both sides until July 18 to file briefs and said he will rule after that. Kentucky Attorney General Daniel Cameron has argued that there is no right to abortion in the Commonwealth’s constitution. A ballot initiative will be put to voters in November that if approved would establish that no state constitutional right to abortion exists.
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Louisiana
What happened: New Orleans Civil District Court Judge Robin Giarrusso issued a temporary restraining order last month preventing enforcement of Louisiana trigger laws, which made abortion illegal with no exceptions for rape and incest.
The Center for Reproductive Rights filed the lawsuit on behalf of Hope Medical Group for Women and others, challenging the constitutionality of what it described as “vague trigger laws” that made it impossible to tell which laws were in effect, what conduct was prohibited and what exceptions and criminal penalties apply.
How abortion providers are responding: At least one of the state’s three abortion clinics said it would resume performing procedures. “We’re going to do what we can,” said Kathaleen Pittman, administrator of Hope Medical Group for Women, in Shreveport. “It could all come to a screeching halt.”
What’s next: A hearing was set for July 8. Louisiana Attorney General Jeff Landry, a Republican who is a staunch abortion opponent, vowed to fight the judge’s ruling and enforce the law.
Mississippi
What happened: A challenge by the Jackson Women’s Health Organization, the state’s last abortion provider, to prevent Mississippi from enforcing its trigger ban, along with another six-week abortion ban was rejected by a Hinds County Chancery Court earlier this week.
The provider and other groups behind the lawsuit have since filed a petition in the Mississippi Supreme Court asking it to suspend enforcement of the laws. The lawsuit argues Mississippians have a state constitutional right to an abortion that was confirmed by a 1998 state Supreme Court ruling that held the “right to privacy includes an implied right to choose whether or not to have an abortion,” according to the Center for Reproductive Rights.
Under the state’s trigger law, any person who knowingly performs or attempts to induce an abortion, except the pregnant woman, could be punished by up to 10 years in prison.
How abortion providers are responding: The trigger law has gone into effect and has outlaw abortion in the state with rare exceptions.
What’s next: No hearing date has yet been set, according to the Mississippi Center for Justice.
North Dakota
What happened: The Red River Women’s Clinic, the state’s sole abortion provider, filed a lawsuit on July 7 seeking to block enforcement of the state’s trigger ban, which would prohibit nearly all abortions, according to the Center for Reproductive Rights.
Under the law, abortion providers could face a maximum of five years in prison and a $10,000 fine. The lawsuit argues the state constitution guarantees the rights of life, liberty, safety and happiness, and that it also protects the right to abortion.
How abortion providers are responding: The state’s Attorney General has said the trigger ban will take effect July 28. North Dakota’s Red River Women’s Clinic is currently providing abortion care.
What’s next: No hearing dates have been set.
Oklahoma
What happened: Oklahoma abortion providers and advocates on July 1 filed a lawsuit challenging two state bans including a pre-Roe ban and a trigger law, according to the Center for Reproductive Rights, which is a party to the lawsuit.
The trigger law, set to take effect in August, would make performing an abortion a felony punishable by as much as a decade in prison and a $100,000 fine. Linda Goldstein, an attorney for the groups, said in a statement that those laws “cannot be squared” with the state constitution.
How abortion providers are responding: Abortions were halted in Oklahoma in May when Gov. Kevin Stitt signed two citizen-enforced bans. Those were also challenged, but no decisions have been rendered.
What’s next: The lawsuit asks the state Supreme Court to issue an emergency order to block the bans while litigation on the merits proceeds. No hearing dates have been set.
Utah
What happened: Third District Judge Andrew Stone blocked Utah’s trigger law abortion ban from going into effect on June 27 for 14 days to allow time to hear a challenge to the law.
Planned Parenthood of Utah and the American Civil Liberties Union of Utah filed a lawsuit on June 25, contending the 2020 law violates the state constitution’s equal protection and privacy provisions. Under the law, which bans most abortions with some limited exceptions, anyone found guilty of performing an abortion could face up to 15 years in prison.
How abortion providers are responding: Utah’s Planned Parenthood resumed abortions at several locations since the judge halted the law, according to the Salt Lake Tribune. Karrie Galloway, president and CEO of Planned Parenthood Association of Utah, said in a statement that it was part of of a “long and difficult fight.”
What’s next: State officials argued Utah’s constitution does not protect the right to abortion. A July 11 hearing is scheduled in the challenge, KSL.com reported.
A look at other states
Other states are seeing challenges to their abortion laws, according to the Center for Reproductive rights:
- In Florida, a court allowed the state’s 15-week abortion to stay in effect during a legal challenge that argues that the law violates the state constitution, which contains a privacy clause that protects abortion.
- In Texas, a hearing in a challenge that seeks a permanent injunction to the state’s pre-Roe ban is scheduled for July 12.
- In Arizona, a hearing was held July 8 on a challenge to the state’s personhood law as applied to abortion, which would anoint fetuses, embryos, and fertilized eggs with the same rights as other persons.
Contributing: Wicker Perlis, The Clarion-Ledger; Deborah Yetter, The Louisville Courier Journal; Greg Hillburn and Makenzie Boucher, Shreveport Times; The Associated Press
Chris Kenning is a national news writer. Reach him at ckenning@usatoday.com and on Twitter @chris_kenning.
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