South Carolina Governor Henry McMaster made a significant move by signing a bill that imposes a ban on abortion after six weeks of pregnancy. This new law, however, does make exceptions in cases of fatal fetal anomalies or when the mother’s life and health are at risk. Victims of rape or incest can obtain abortions up to 12 weeks if they have filed a police report and have received certification from two doctors.
South Carolina’s action is part of a broader trend seen in several states that have passed strict abortion restrictions following the Supreme Court’s decision to overturn Roe v. Wade last summer. Prior to the ruling in Dobbs v. Jackson Women’s Health Organization in June 2022, 18 Republican-led states across the South and West, including Alabama, Idaho, Mississippi, and South Dakota, implemented “trigger laws” that immediately outlawed abortion upon the Court’s verdict.
In recent months, eight additional Republican-controlled states have introduced new laws that prohibit abortion at various stages of pregnancy.
To provide a comprehensive overview of the new abortion restrictions implemented since last summer, here is a breakdown of the key changes in several states:
South Carolina: The state previously had a 2021 trigger law that banned abortion once cardiac activity was detected in the fetus, typically around six weeks of pregnancy. However, the state Supreme Court overturned this law in January, citing a violation of privacy rights in the state constitution. As a result, abortion remained legal until 22 weeks of pregnancy. Abortion providers in the state promptly filed a lawsuit against the law, seeking a temporary restraining order to block its implementation. On Friday, a South Carolina judge granted their request to block the newly enacted six-week abortion ban while the legal challenge proceeds.
Nebraska: In May, Republican lawmakers in Nebraska amended a bill that initially focused on gender-affirming surgeries for individuals under 19 years old. The revised measure now also outlaws abortion after 12 weeks of pregnancy, imposing new restrictions on hormone therapy and puberty-blocking drugs for transgender youth. The bill received approval from Nebraska Governor Jim Pillen. Exceptions are made for cases of rape, incest, and endangerment of the mother’s life. Previously, Nebraska prohibited abortion after 20 weeks of pregnancy, and an attempt in April to ban abortion after six weeks narrowly failed.
North Carolina: State legislators in North Carolina overrode the governor’s veto, with Republicans attaining a three-fifths majority in both the House and Senate, following a Democratic state representative changing parties. Previously, North Carolina banned almost all abortions after 20 weeks of pregnancy. Governor Cooper attempted to persuade at least one Republican to uphold his veto, but his efforts proved unsuccessful.
North Dakota: On April 24, North Dakota passed a law that nearly bans abortion entirely, allowing exceptions only within the first six weeks of pregnancy for cases of rape, incest, and medical emergencies. After six weeks, only specific medical emergencies such as ectopic pregnancies would qualify for legal abortions. In March, a previous North Dakota abortion ban faced temporary suspension by the state Supreme Court pending a legal challenge. Notably, North Dakota no longer has any abortion clinics, with the state’s only provider relocating to Moorhead, Minnesota, after the overturning of Roe v. Wade.
Florida: Governor Ron DeSantis signed a law on April 14 that would prohibit abortions after six weeks of pregnancy, with exceptions for victims of rape, incest, or cases endangering the mother’s health. Women seeking these exceptions would need to provide evidence. The new law’s implementation is contingent on the state Supreme Court’s decision to uphold the existing 15-week ban, a case currently under active legal challenge. The Florida Supreme Court has a conservative majority.
Indiana: Indiana became the first state in the country to enact new abortion restrictions following the Dobbs decision. In August 2022, Governor Eric Holcomb, a Republican, signed a bill that banned abortion with limited exceptions. Abortions are now only permitted in Indiana in cases of rape and incest within the first 10 weeks of pregnancy, to protect the mother’s life or physical health or when a lethal anomaly is diagnosed in the fetus. Medical professionals providing illegal abortions risk losing their licenses. Abortions can now only be performed in hospitals or outpatient centers owned by hospitals; stand-alone abortion clinics are no longer legally permitted. However, enforcement of the new law is currently blocked due to ongoing legal challenges. The Indiana Supreme Court heard oral arguments in the case in January.
West Virginia: Last September, West Virginia Governor Jim Justice, a Republican, signed legislation banning abortion, except in cases of rape or incest, for up to eight weeks of pregnancy for adults and 14 weeks for minors. The law allows for abortions of nonviable fetuses or embryos, as well as in cases of medical emergencies or ectopic pregnancies. Individuals who provide abortions not covered by these exceptions face up to 10 years in prison.
Wyoming: In March, Wyoming became the first state to outlaw oral medication abortions, which account for a majority of abortions nationwide. While the state already had a comprehensive abortion trigger ban, it is currently prohibited from enforcing it due to a court order. The same abortion pill is also the focus of federal lawsuits as a Texas-based federal judge appointed by former President Trump recently overruled the FDA’s approval of the drug.
Idaho: Earlier this month, Idaho passed a law making it a criminal offense to assist a minor in obtaining an abortion in another state. Offenders convicted of violating this law could face two to five years in prison. The law empowers the state attorney general to prosecute cases if local prosecutors decline to do so. Additionally, family members of pregnant minors or the individuals who impregnated them can file lawsuits against medical professionals providing abortion care, seeking up to $20,000 in damages.
