Civic Register
| 10.3.19

What’s the Status of the State ‘Heartbeat’ Abortion Bans?

Do you support bans on abortion after a heartbeat is detected?

This content leverages data from USAFacts, a non-profit that visualizes governmental data. You can learn more on its website, Facebook, and Twitter.

Over the past year, several states have enacted so-called “heartbeat bills” to ban abortions from occurring after 6-8 weeks of pregnancy ― which is when fetal cardiac activity can be detected. Here’s a look at the status and details of the heartbeat laws that have been signed:

ALABAMA

  • Status: Takes effect November 16, 2019, pending an ongoing lawsuit.
  • Details: Abortions at any stage of pregnancy would only be permitted to save the pregnant woman’s life or avoid the risk of her serious physical injury.

GEORGIA

  • Status: Temporarily blocked by a federal judge pending an ongoing lawsuit.
  • Details: Abortions after six weeks of pregnancy would be prohibited except when necessary to save the pregnant woman’s life or prevent substantial physical injury, or if the fetus is non-viable or has died through a miscarriage. An abortion after six weeks would also be permitted in cases of rape or incest in cases in which a police report has been filed up to 20 weeks. It would take effect on January 1, 2020.

MISSOURI

  • Status: Temporarily blocked by a federal judge pending an ongoing lawsuit.
  • Details: Abortions would be banned after eight weeks of pregnancy except when necessary to save the pregnant or to avoid a serious risk of irreversible physical injury to the pregnant woman.

OHIO

  • Status: Temporarily blocked by a federal judge pending an ongoing lawsuit.
  • Details: Abortions would be banned after six weeks of pregnancy except in cases deemed a medical emergency by a physician or if a fetal heartbeat isn’t detected.

MISSISSIPPI

  • Status: Temporarily blocked by a federal judge pending an ongoing lawsuit.
  • Details: Abortions would be banned after a fetal heartbeat is detected (around 6 to 8 weeks) except in cases to prevent the death or serious physical injury of a pregnant woman, or if a heartbeat isn’t detected.

LOUISIANA

  • Status: Temporarily blocked by a federal judge pending the legal challenge to the Mississippi law.
  • Details: Abortions would be banned after a fetal heartbeat is detected (around 6 to 8 weeks) except in cases to prevent the death or serious physical injury of a pregnant woman, or if a heartbeat isn’t detected.

KENTUCKY

  • Status: Temporarily blocked by a federal judge pending an ongoing lawsuit.
  • Details: Abortions would be banned after a fetal heartbeat is detected (around 6 to 8 weeks) except in cases where a physician determines determines that a medical emergency exists.

Several other states have previously enacted heartbeat laws only to have them struck down under legal challenges. Arkansas & North Dakota saw their heartbeat laws struck down by a federal court in 2013, while Iowa’s heartbeat law was struck down by the state supreme court as unconstitutional in 2018.

What’s the outlook for these pending cases?

Advocates hope that courts will uphold the heartbeat laws through decisions that weaken Roe v. Wade ― the Supreme Court’s landmark 1973 abortion ruling that protected women’s right to an abortion up to the point of fetal viability (after 21 weeks) ― and in turn reduce the frequency of abortions.

Opponents of the heartbeat laws argue that the courts should rely on past precedent by to preserve Roe v. Wade in the same way that federal courts did in rejecting the Arkansas & North Dakota heartbeat laws.

How common is abortion in America?

As this chart from USAFacts shows, the abortion rate per 1,000 women age 15-44 has fallen from 15.9 in 2006 to 11.8 in 2015:

A declining abortion rate in recent decades is also reflected in abortion rate data for three of the states that recently enacted heartbeat laws that are under legal challenges ― Alabama, Georgia, and Ohio:

Additionally, USAFacts notes that Centers for Disease Control (CDC) data indicates the percentage of women age 15-44 using contraception has increased from 61.9% in 2002 to 63.5% in the 2015-2017 period, which could contribute to the decreasing prevalence of abortion.


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— Eric Revell

(Photo Credit: iStock.com / Ridofranz)