30 States where PBA bans are blocked or unenforceable

Any further attempts to adopt bans on so-called "partial-birth abortion," or similar laws, should be seen for what they are - unconstitutional, deceptive and extreme attempts to end reproductive rights and deny women access to abortion.

Status of Bans on "Partial-Birth Abortion" and Abortion Methods
On June 28, 2000, the U.S. Supreme Court struck down a Nebraska ban on so-called "partial-birth abortion," finding it an unconstitutional violation of Roe v. Wade, the landmark decision that guaranteed women's right to choose abortion. The Supreme Court's decision in Stenberg v. Carhart exposed these bans for what they are: extreme and deceptive attempts to outlaw safe and common abortion procedures used in the second trimester of pregnancy-well before fetal viability. The Center for Reproductive Rights challenged the Nebraska ban in addition to other state bans.

So-called "partial-birth abortion" bans and similar laws have been passed by 31 states. Legal challenges to these laws have been brought in 21 states, and no fewer than 50 federal and state court judges have found them to be unconstitutional. Most of those statutes use language identical or comparable to the Nebraska law struck down in Carhart. In addition, each of the challenges to those laws involve the same legal principles at issue in that case. Accordingly, the Court's decision in Carhart renders virtually all of the bans invalid.

30 Bans Blocked or Unenforceable+

Alabama 1 Alaska 1 Arizona 1 Arkansas 1 Florida 1 Georgia 4 Idaho 1 Illinois 1 Indiana 3 Iowa 1

Kansas 2 Kentucky 1 Louisiana 1 Michigan 1 Mississippi 3 Missouri 1 Montana 4 Nebraska 1 New Jersey 1 New Mexico 2

North Dakota 3 Ohio 1 Oklahoma 3 Rhode Island 1 South Carolina 3 South Dakota 3 Tennessee 3 Virginia 1 West Virginia 1 Wisconsin 1

1 Abortion bans blocked by federal or state court
2 Abortion bans limited on their face to post-viability procedures, but contain limited health exceptions
3 Abortion bans on the books but unenforceable
4 Enforcement of bans limited to post-viability procedures by settlement approved by the court
+ Unlike the bills listed, Utah's ban, which applies only to post-viability procedures and appears to contain an exception for the preservation of the woman's life and health, may be enforceable.

Asterisk (*) indicates that the state passed a second version of an abortion ban after a court determined the first ban to be unconstitutional.

Alabama - Law permanently blocked (U.S. District Court, 2/26/01)

Alaska - Law permanently blocked (Alaska Superior Court, 3/13/98)

Center for Reproductive Rights Analysis: The decision of the United States Supreme Court that the Nebraska ban violates rights guaranteed by the Federal Constitution underscores the fact that the ban is unconstitutional under the even greater protection provided by the Alaska Constitution.

Arizona - Law permanently blocked (U.S. District Court, 10/27/97)

Arkansas - Law permanently blocked (U.S. Court of Appeals, Eighth Circuit affirmed district court's permanent injunction, 9/24/99)

Florida* - Second law permanently blocked (U.S. District Court, 7/11/00). First statute permanently enjoined in 1998.

Georgia - Enforcement of ban limited to post-viability abortions

Idaho - Law permanently blocked (Idaho District Court, 10/12/99)

Illinois - Law permanently blocked (U.S. Court of Appeals, Seventh Circuit affirmed district court's permanent injunction, 4/26/01)

Indiana - Law Unchallenged

Center for Reproductive Rights Analysis: Even though the "partial-birth abortion" ban in this state has not yet been challenged in court, the ban is unconstitutional based on the Supreme Court's ruling in Stenberg v. Carhart because it prohibits abortions prior to viability and fails to adequately protect women's health.

Iowa - Law permanently blocked (U.S. Court of Appeals, Eight Circuit affirmed district court's permanent injunction, 9/24/99)

Kansas - Law limited to post-viability bans on abortion

Center for Reproductive Rights Analysis: The Kansas ban, even though it is limited to "partial-birth abortions" performed after viability, is unconstitutional under the Carhart decision because it fails to protect women's health.

Kentucky - Law permanently blocked (U.S. Court of Appeals, Sixth Circuit affirmed district court's permanent injunction, 7/31/00)

Louisiana - Law permanently blocked (U.S. Court of Appeals, Fifth Circuit affirmed district court permanent injunction, 8/17/00)

Michigan* - Second law permanently blocked (U.S. District Court, 4/26/01). First statute permanently enjoined in 1997.

Mississippi - Law Unchallenged

Center for Reproductive Rights Analysis: Even though the "partial-birth abortion" ban in this state has not yet been challenged in court, the ban is unconstitutional based on the Supreme Court's ruling in Stenberg v. Carhart because it prohibits abortions prior to viability and fails to adequately protect women's health.

Missouri - Law blocked by temporary restraining order (U.S. District Court, 9/17/99). Permanent injunction pending.

Center for Reproductive Rights Analysis: The Supreme Court's decision provides clear direction to courts currently considering "partial-birth abortion" and similar bans. Because the statute fails to contain a health exception and prohibits abortions prior to fetal viability, it is unconstitutional under Carhart.

Montana* - Enforcement of second ban limited to post-viability abortions (Montana District Court, 3/21/00). First statute permanently enjoined in 1998.

Center for Reproductive Rights Analysis: The Montana ban, even though it is limited to "partial-birth abortions" performed after viability, is unconstitutional under the Carhart decision because it fails to protect women's health.

Nebraska - Stenberg v. Carhart Law permanently blocked (U.S. Supreme Court, 6/28/00)

New Jersey - Law permanently blocked (U.S. Court of Appeals, Third Circuit affirmed district court's permanent injunction, 7/26/00)

New Mexico - Law limited to post-viability bans on abortion Center for Reproductive Rights Analysis: The New Mexico ban, even though it is limited to "partial-birth abortions" performed after viability, is unconstitutional under the Carhart decision because it fails to protect women's health.

North Dakota - Law Unchallenged

Center for Reproductive Rights Analysis: Even though the "partial-birth abortion" ban in this state has not yet been challenged in court, the ban is unconstitutional based on the Supreme Court's ruling in Stenberg v. Carhart because it prohibits abortions prior to viability and fails to adequately protect women's health.

Ohio* - Pending before U.S. Court of Appeals, Sixth Circuit. (U.S. District Court granted permanent injunction 9/20/01). First statute permanently enjoined in 1997. Oklahoma - Law Unchallenged

Center for Reproductive Rights Analysis: Even though the "partial-birth abortion" ban in this state has not yet been challenged in court, the ban is unconstitutional based on the Supreme Court's ruling in Stenberg v. Carhart because it prohibits abortions prior to viability and fails to adequately protect women's health.

Rhode Island - Law permanently blocked (U.S. Court of Appeals, First Circuit affirmed district court's permanent injunction, 2/12/01)

South Carolina - Law Unchallenged

Center for Reproductive Rights Analysis: Even though the "partial-birth abortion" ban in this state has not yet been challenged in court, the ban is unconstitutional based on the Supreme Court's ruling in Stenberg v. Carhart because it prohibits abortions prior to viability and fails to adequately protect women's health.

South Dakota - Law Unchallenged

Center for Reproductive Rights Analysis: Even though the "partial-birth abortion" ban in this state has not yet been challenged in court, the ban is unconstitutional based on the Supreme Court's ruling in Stenberg v. Carhart because it prohibits abortions prior to viability and fails to adequately protect women's health.

Tennessee - Law Unchallenged

Center for Reproductive Rights Analysis: Even though the "partial-birth abortion" ban in this state has not yet been challenged in court, the ban is unconstitutional based on the Supreme Court's ruling in Stenberg v. Carhart because it prohibits abortions prior to viability and fails to adequately protect women's health.

Utah - Law unchallenged

Center for Reproductive Rights Analysis: Utah's ban, which applies only to post-viability procedures and appears to contain an exception for the preservation of the woman's life and health, may be enforceable.

Virginia* - New ban to go into effect 7/1/03. First statute permanently blocked (U.S. Court of Appeals, Fourth Circuit affirmed district court's permanent injunction, 8/9/00) Center for Reproductive Rights Analysis: Even though the "partial-birth abortion" ban in this state has not yet been challenged in court, the ban is unconstitutional based on the Supreme Court's ruling in Stenberg v. Carhart because it prohibits abortions prior to viability and fails to adequately protect women's health.

West Virginia - Law permanently blocked (U.S. District Court, 7/7/00) Wisconsin - Law permanently blocked (U.S. Court of Appeals, Seventh Circuit reversed district court's denial of permanent injunction, 4/26/01)

States That Have Not Enacted Bans

• California
• Colorado (ballot initiative defeated)
• Connecticut
• Delaware
• Hawaii
• Maine (ballot initiative defeated)
• Maryland
• Massachusetts
• Minnesota
• Nevada
• New Hampshire
• New York
• North Carolina
• Oregon
• Pennsylvania
• Texas
• Vermont
• Washington (ballot initiative defeated)
• Wyoming