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Trigger law

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A trigger law is a nickname for a law that is unenforceable, but may achieve enforceability if a key change in circumstances occurs.

Examples

In the United States, four U.S. statesMississippi, Louisiana, North Dakota, and South Dakota—have trigger laws that would automatically ban abortion if the landmark case Roe v. Wade is overturned.[1][2] Illinois formerly had a trigger law (enacted in 1975), but repealed it in 2017.[3][4] An additional ten states retain their abortion bans enacted before 1973; these statutes are not enforceable due to Roe, but could possibly be enforceable should Roe be overturned.[2]

References

  1. ^ Jessica Glenza and Sam Morris, These 24 states could ban abortion in two years, The Guardian (June 30, 2018).
  2. ^ a b Abortion Policy in the Absence of Roe as of June 5, 2018, Guttmacher Institute.
  3. ^ Sarah Mansur, Bill removes trigger from abortion law, but impact unclear, Chicago Daily Law Bulletin (May 1, 2017).
  4. ^ John Dempsey, Rauner signing of abortion bill angers conservatives, WLS-AM (September 29, 2017).