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Abortion Laws State by State: Massachusetts - New York


David Bozell: Hi folks, David Bozell here today. We're going to continue our look at abortion laws in each state as the Roe v. Wade decision is imminent.


Massachusetts would continue to allow abortions through 24 weeks of pregnancy. The state Supreme Court has ruled that the Massachusetts Declaration of Rights supports a 'right' to an abortion. No penalties exist for those who perform an abortion after 24 weeks.

Massachusetts, why am I not surprised? Massachusetts. Okay. Keep killing your babies. Okay. The pro-abortion states have taken a commanding lead, sadly, over the pro-life states, 14 to eight.


It is possible that almost all abortions would become illegal in Michigan.

And now this one has gotten a lot of attention. Michigan, the Wolverines, the Spartans, Big Ten country.

A 1931 statute makes abortion illegal in all circumstances except to save the life of the mother. This law would go back into effect, with violation a felony, but it is not clear whether the state would enforce the law.

Well, given Michigan's governor, probably not. But I mean, are we enforcing laws or not? Hmm. It's on the books, guys. I would consider Michigan to be our first surprise pro-life state because of the 1931 statute that is on the books.


Abortion would remain legal in Minnesota because the state's Supreme Court has ruled that a 'right' to abortion exists.

See how this is sort of working out here? We've got a lot of states where their state Supreme Courts have ruled under the right to privacy statute, basically pretended that a right to an abortion exists in the Constitution. A lot, a lot of that stuff is going to get challenged, but okay. Minnesota, pro-abortion state. Hmm, 15 to 9.


Gosh, there's a lot of states with M. Mississippi.

Almost all abortions will be banned in Mississippi.

Southeastern conference, way to be. M-I-S-S-I-S-S-I-P-P-I. Obviously, this is the heart of the matter. The Dobbs case came out of Mississippi. The 15-week bans, trigger laws, medical license suspended or revoked if you violate the 15-week ban, and on and on it goes.


Missouri has a trigger law called the Right to Life of the Unborn Child, which would limit almost all abortions.

Very good, Missouri. Don't call it a comeback.


Abortion would remain legal in Montana up to the time the baby is considered viable. It is a felony to perform an abortion after that time, except to save the life of the mother. State law requires three physicians to agree in writing that a post-viability abortion is necessary.

Well, sadly, I don't like this language - "...up to the time a baby is considered viable," pretty ambiguous, Montana. Another surprise abortion state. Let's get your acts together. Montana,

Come on Nebraska.

Some abortions would be permitted in Nebraska. The state has laws in place to ban partial-birth abortions and abortions after a baby is viable. Both bans provide exceptions to save the life or health of the mother. Nebraska also has a ban on abortions after 20 weeks, with no exceptions.

Class IV felonies for those physicians that violate those statutes. So, I'm going to put Nebraska - "twenty weeks," I think it is on the high side. I'm going to put Nebraska in the pro-life category for the purposes of this discussion.


Abortion would remain legal. Nevada prohibits abortions after 24 weeks, except when a physician says it is necessary...

No penalties for violations. Nevada, pro-abortion.

New Hampshire.

Abortion would remain legal in New Hampshire...

The state does ban partial-birth abortion, but there's a 24-week viability. It says that the state prohibits the procedure after 24 weeks. Not good enough, not good enough. New Hampshire, pro-abortion.

New Jersey.

Nearly all abortions would still be allowed.

Not a shock, New Jersey. That's a lovely accent you have, New Jersey.

**Apologies, for not including New Mexico. Here are New Mexico's abortion laws:

Almost all abortions would be allowed in New Mexico. Partial-birth abortions are prohibited except to save the life of the mother or prevent great bodily harm. Physicians who violate that ban may be charged with a fourth-degree felony.

Okay. New York. I mean, they've just gone full pro-abort in New York. So, nearly all abortions would remain legal. The vagueness... Says:

New York's Reproductive Health Act prohibits abortion after 24 weeks except to protect the life and health of the mother, but critics say the law doesn't define those terms clearly. That vagueness and the lack of an enforcement mechanism mean most abortions are permitted.


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