Updated: Jun 12, 2022
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.
Okay, Georgia. Georgia. This is a long one. Georgia.
Almost all abortions likely would be illegal in Georgia. In 2019, the state passed a bill banning abortion after a baby's heartbeat can be detected, at around six weeks of pregnancy. The law was challenged and is currently enjoined, meaning it cannot be enforced. The six-week abortion ban likely would take effect, however, if Roe ends. Georgia's heartbeat bill includes exceptions in cases of medical emergencies... Violating the heartbeat law could result in a prison sentence of up to 10 years.
Georgia also bans partial-birth abortion, but allows it to save the life of the mother. Violating this ban could result in a fine of up to $5,000 and up to five years in prison.
So, because Daily Signal has done its homework and they suggest the six-week abortion ban would likely, however, take effect, we're going to move Georgia into the pro-life category. Not entirely pro-life, but pro-life for the purposes of this exercise. All we're looking at really, just as a reminder, we're basically... Is it legal across the board or do you have some significant restrictions? Okay? Okay.
Seven to four pro-aborts leading the pro-lifers.
Hawaii, viciously left wing. Hawaii.
Under state law, abortions would remain legal to the point of the baby's viability in Hawaii. Performing an abortion after that time could result in an up to $1,000 or up to a five-year prison sentence.
So, it's going to remain legal up to viability. So, Hawaii gets put into the pro-abort category. Eight to four. Pro-abortion states and DC have the lead.
Abortion would be legal in Idaho only to save the life of the mother, or in cases where the child was conceived in rape or incest. Violating Idaho's pro-life trigger law would be punishable by two to five years in prison and suspension of a physician's medical license.
That's the first discussion about that. So, good on Idaho for passing that law. So, they've made some gains for the pro-life states.
Illinois, the Fighting Illini of Illinois. Why? Why can they be the Fighting Illini and honor Indians and the Washington Redskins can't exist? Somebody got to explain that to me. Okay.
Abortion would remain legal in Illinois and be limited only after the baby is viable.
It would remain legal. So, Illinois makes it into the pro-abort category. Nine to five.
Indiana. This one was a little peculiar. Some abortions would be legal. Simpsons' clip here:
That's my favorite Simpsons' clip.
Okay, back to Indiana.
Some abortions would be illegal. Indiana bans partial-birth abortions, dismemberment abortions, and abortions after a baby is viable. The state also prohibits performing an abortion based on a baby's sex, a disability diagnosis, including Down's Syndrome [thank God], or due to the race or ethnicity of the baby.
Man, it's funny that they're so specific about all that stuff, but okay.
Abortions performed after the first trimester, around 14 weeks, are level five felonies. Indiana law includes exceptions to save the life of the mother.
So, we've got partial-birth bans, we've got dismemberment bans, and bans on abortions after the baby is viable. We've got a 14-week ban and all these other bans. It's a close one. It's a close one. Maybe just golf clap worthy, I think, maybe. Just maybe, just Indiana, we'll make you pro-life. Okay?
Moving on, Iowa.
Partial-birth abortion would remain illegal. Iowa also prohibits abortions after the baby is viable, around 24 weeks... Iowa allows for partial-birth abortion only when the mother is endangered by physical injury...
Allowing only when the mother... Okay. Whew. That's dicey.
Post-viability abortions would be allowed to save the life or protect the health of the mother. Violating either abortion ban is considered a class C felony...
24 weeks? Not good enough, in my opinion. That's a pro-abortion state. Very surprising in Iowa. Iowa, you've got some significant, significant work to do.
Okay. Let's see. Alright, so to summarize here, after we're done with the I's, we're going to move into the Ks, and pro-abortion states are winning 10 to six.
Kansas has several laws in place to protect the unborn, but those measures were put at risk in 2019 when the Kansas Supreme Court ruled that the state Constitution contains a 'right' to an abortion.
So, this is kind of similar to Florida here.
During the primary election Aug. 2, [I guess this was last year or I guess 2019], residents will... [Oh, no, this is coming up during the primary election, August 2], residents will have the opportunity to vote on a constitutional amendment called Value Them Both, which would overturn the Kansas Supreme Court's ruling and allow state elected officials to regulate abortion.
Kansas' pro-life laws that are at risk because of the court's ruling include those that prohibit abortions past a baby's viability, gender selective, and partial-birth abortions, and abortions once a baby can feel pain, or about 20 weeks. Exceptions to these abortion limits include to preserve the life of the mother or prevent her physical impairment.
So, until Kansas voters vote on August the 2nd on Kansas' constitutional amendment to overturn the Kansas Supreme Court, we're going to put them in the pro-abortion category. Sorry, Kansas. Man, Jayhawk country. Mm, mm, mm. No good. No bueno in Kansas. 11 to six.
Kentucky has a trigger law that would take effect and ban nearly all abortions.
Very good, Kentucky. Excellent!
Violating the law would be a class D felony.
They would allow an abortion to save the life of the mother, however, but we'll take it. Kentucky, pro-life. No shock there.
Okay, Louisiana, the home of Cajun cooking.
Nearly all abortions would be banned in Louisiana. The state has a trigger law that would take effect and allow an abortion only to save the life of the mother or prevent 'permanent impairment of a life-sustaining organ.'
Violating the law would be punishable by up to two years in prison and up to a $1,000 fine.
We'll take it, Louisiana, the Fighting Tigers of LSU. Very good. You're starting to see a pattern. The Southeastern conference, the SEC. The SEC is pro-life. Maybe that's why they smoke everybody else in football. Just a thought. Just a thought, fact-checkers. Just a thought. Okay, 11 to eight, as we head into the pro-abortion states over pro-life states.
Maine would allow abortions up to the time of viability for the baby. It is a class D felony to perform an abortion after the baby is viable...
Tough one. Tough one. I'm going to put them in the pro-abortion category. Viability of the baby is getting younger and younger and younger. Got to trust that science. Trust that science, folks. Maine, pro-abortion state. No good.
Abortion would remain legal up until the time a baby is viable.
Same thing. Maryland, pro-abortion state.