Trigger law
A trigger law is a nickname for a law that is unenforceable, but may achieve enforceability if a key change in circumstances occurs.
Abortion trigger laws in the United States
In the United States, ten states — Arkansas, Idaho, Kentucky, Louisiana, Mississippi, North Dakota, Missouri, Tennessee, South Dakota and Utah — have trigger laws that would automatically ban abortion in the first and second trimesters if the landmark case Roe v. Wade were overturned.[1][2][3] Illinois formerly had a trigger law (enacted in 1975), but repealed it in 2017.[4][5][6] Also, nine states — Alabama, Arizona, Michigan, New Mexico, Oklahoma, West Virginia, and Wisconsin as well as the already mentioned Arkansas and Mississippi, still have their unenforced pre-Roe abortion bans on the law books. Those laws are not currently enforceable due to Roe, but could be enforced if Roe were overturned.[2]
References
- ^ "What if Roe Fell?". Center for Reproductive Rights. February 21, 2019.
- ^ a b "Abortion Policy in the Absence of Roe". Guttmacher Institute. June 1, 2020. Retrieved July 6, 2020.
- ^ Smith, Kate (April 22, 2019). "Abortion would automatically be illegal in these states if Roe v. Wade is overturned". CBS News.
- ^ Sarah Mansur, Bill removes trigger from abortion law, but impact unclear, Chicago Daily Law Bulletin (May 1, 2017).
- ^ John Dempsey, Rauner signing of abortion bill angers conservatives, WLS-AM (September 29, 2017).
- ^ Note, Recent Legislation: Illinois Repeals Anti-Abortion Trigger Law, 131 Harv. L. Rev. 1836 (2018)..