April 9, 2008
Guttmacher Institute
With the legislative year in full swing, some interesting trends are emerging, largely in the wake of last year’s Supreme Court decision in Gonzales v. Carhart. In its most direct effect, the Court’s decision to uphold the Federal Partial-Birth Abortion Ban Act of 2003 set a major precedent that state legislators seem to be following. Twenty-three bills banning “partial-birth” abortion have been introduced in 11 states so far this year (see Bans on “Partial- Birth” Abortion).
Most of these measures are characterized by their definition of the procedure, lack of a health exception and strict penalties. The Court upheld the federal ban, in part, because it found the definition of the procedure to be sufficiently precise so as to exclude most common second-trimester procedures. To follow this precedent, the pending state measures generally lift the federal ban’s definition almost verbatim.
