National

A Republican lawmaker in Louisiana on Thursday pulled a bill that would have allowed prosecutors to charge a person with homicide if they get an abortion — effectively ending the chance it would become law this legislative session.

Why it matters: The bill was different from most recent anti-abortion laws, which have focused on punishing abortion providers and people who help others obtain an abortion rather than the patient themselves. 

The state House voted to completely amend the bill prompting its sponsor, state Rep. Danny McCormick (R), to withdraw the bill from consideration. 

Louisiana Gov. John Bel Edwards (D), who does not support abortion rights, had said that he would not support the measure if it reached his desk, calling it "patently unconstitutional ... To suggest that a woman could be jailed for an abortion is simply absurd."

Even anti-abortion rights groups felt the bill went too far. Louisiana Right to Life, also opposed the legislation, said that the bill was "self-defeating with no teeth [and] no enforceability."

Details: When it was introduced, Louisiana’s H.B. 813, known as the Abolition of Abortion in Louisiana Act, said that the state would enforce the law “without regard” of Roe v. Wade “and its judicial progeny,” including Planned Parenthood v. Casey. That case reaffirmed the right to an abortion in the U.S. in 1992.

The bill explicitly stated that a fertilized egg should be recognized as a person whose right to life should be protected, thus banning abortions at all stages of the pregnancy without exceptions.

Laws that consider the fetus or a fertilized egg to be a person or declare them to be "unborn human beings," could potentially criminalize IVF and some forms of contraceptives, Axios' Caitlin Owens reports.

The bill said that Louisiana could "disregard" any federal court order looking to "enjoin or void" any section of the law. Additionally, if a judge in the state attempted to declare the law as unconstitutional or block it, they would be "subject to impeachment or removal."

What happened: "This is a thorny political question, but we all know that it is actually very simple. Abortion is murder," said state Rep. Danny McCormick (R) when he opened debate. Pregnant people who decide to get an abortion should be considered murderers, he added.

State Rep. Alan Seabaugh (R), who also said he was opposed to abortion rights, was against McCormick's measure. He said that the bill would be enjoined as soon as it is signed into law because lawmakers don't have the authority to ignore "the law of the land" and cannot tell judges to not rule on a law.

Seabaugh proposed an amendment that effectively changed the entire bill. It removed language punishing a pregnant person and made it so that the measure would take effect only if Roe is overturned. The amendment also got rid of language that likely would have made certain contraceptives and IVF illegal.

The Louisiana state House voted in support of amending H.B. 813. In response, McCormick pulled the measure from the legislative calendar.

Our thought bubble: Republicans and anti-abortion groups are continuing to pass controversial laws restricting abortion even with Roe v. Wade still in place. But they appear to have drawn a line at prosecuting the person getting an abortion for now.

If the Supreme Court dashes Roe and gives states the authority to regulate abortion, some conservative states would have laws in place that could be interpreted to punish the pregnant person. More states could potentially follow suit.

Don't forget: Louisiana is one of the 13 states that have "trigger" laws banning abortion. Those would kick in if the Supreme Court completely overturns its precedents protecting access in the U.S. — which it might be ready to do.

Overturning Roe creates a tempest for reproductive health

Red states race to enact new abortion restrictions

What abortion access would look like if Roe v. Wade is overturned

Louisiana abortion bill allowing homicide charges against patients stopped for now

Republicans and anti-abortion groups appear to have drawn a line at prosecuting the person getting an abortion for now.

Picture of people protesting in favor of abortion access wearing red robes

Handsmaid themed protesters march down Bourbon Street in the French Quarter of New Orleans, Louisiana, on May 25, 2019. Photo: EMILY KASK/AFP via Getty Images

Abortion

A Republican lawmaker in Louisiana on Thursday pulled a bill that would have allowed prosecutors to charge a person with homicide if they get an abortion — effectively ending the chance it would become law this legislative session.Why it matters: The bill was different from <a class="gtmContentClick" data-vars-link-text="most recent anti-abortion laws" data-vars-click-url="https://www.axios.com/2022/04/16/abortion-ban-red-states-tracking-roe-supreme-court" data-vars-content-id="083c4f2e-73a2-4744-8794-daf4cceeabc3" data-vars-headline="Louisiana abortion bill allowing homicide charges against patients stopped for now" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/2022/04/16/abortion-ban-red-states-tracking-roe-supreme-court" target="_self">most recent anti-abortion laws</a>, which have focused on punishing abortion providers and people who help others obtain an abortion rather than the patient themselves.

President Biden has made the COVID-19 crisis and a post-Trump return to national unity and traditional democratic ideals his top priorities. From vaccinations to stimulus to schools, Biden is seeking bipartisan compromise while showing a willingness to use executive authority and bare Democratic majorities in the U.S. House and Senate to implement his policies. Republican leaders are navigating deep party divisions over if and how to move beyond former President Trump.

Politics & Policy

The U.S. faces a range of health care flashpoints — unaffordable drugs, opioids, vaping — as we debate whether to adopt universal care. For now, the Affordable Care Act is the law of the land, but Republicans want to issue it a final death blow.

Health

Data: Guttmacher Institute, Axios research; Cartogram: Kavya Beheraj/Axios

Abortion at later stages in pregnancy is still legal in most states across the U.S., but that's expected to change if the Supreme Court overturns Roe v. Wade. 

The big picture: If Roe is struck down, states would be allowed to individually regulate abortion — or even ban it completely — before viability, known as the point when a fetus can survive outside the womb.

Under Roe, states have the authority to regulate abortion after viability, which is generally considered to be between 24 to 28 weeks after a patient’s last menstrual period.

Despite Roe, some states have successfully implemented bans before the 24-week mark largely based on the "unfounded assertion" that a fetus can feel pain at 22 weeks after the patient's last menstrual period (LMP), according to the Guttmacher Institute, a research organization that supports abortion rights.

Six weeks LMP: Texas and Oklahoma are the only states that have laws in effect banning abortions when cardiac activity has been detected in an embryo, which is at around six weeks.

20 weeks: Mississippi is the only state that currently bans abortion at 20 weeks of pregnancy. The Supreme Court is currently considering the state's 15-week ban, which has been blocked by lower courts since 2018. That case could determine the future of Roe.

22 weeks: Fifteen states ban abortions at 22 weeks of pregnancy.

Over half of states have restrictions in place only at or after viability, or have no limit at all.

24 weeks: Five states ban abortions at 24 weeks of pregnancy.

Viability: Twenty states ban abortions after the fetus is considered viable. Some laws that don't specify a limit say it's up to the abortion provider's "judgment" to determine whether a fetus is viable.

Third trimester: Virginia is the only state that prohibits abortions in the pregnancy's third trimester, which starts at around 25 weeks, per Guttmacher.

No limit: Six states and Washington, D.C., do not impose any term restrictions.

Of note: Many states with restrictions have exceptions, including to preserve a pregnant person's life or health, though they are often narrowly defined. 

About 93% of reported abortions in 2019 were performed at or before 13 weeks of pregnancy, 6% were conducted between 14 and 20 weeks and 1% were performed at or after 21 weeks, according to the most recent data from the Centers for Disease Control and Prevention.

People who tend to have abortions later in a pregnancy do so because of "medical concerns such as fetal anomalies or maternal life endangerment, as well as barriers to care that cause delays in obtaining an abortion," per the Kaiser Family Foundation.

Abortion at any stage is still difficult to access for many people.

In 2017, Guttmacher reported that there are no abortion clinics in around 89% of counties across the U.S. There are even fewer clinics that provide abortions past the 24th week of pregnancy. 

Plus, several states have requirements for patients and providers that Planned Parenthood calls “unreasonable” and “medically unnecessary.”

Providers who perform abortions near a state's time limit face additional hurdles. They must be "really good at ultrasound" to determine the exact gestational age of the pregnancy to avoid violating the law, Hanna Peterson, an abortion provider in Kentucky, told Axios.

Arizona, Florida and Louisiana have enacted laws that ban abortions at 15 weeks that have yet to take effect. Mississippi and Kentucky attempted to enact similar laws, but were temporarily blocked by the courts.

Kentucky, Georgia, South Carolina and Idaho's six-week bans have been temporarily blocked by federal judges. Missouri's eight-week ban has also been blocked. 

13 states have "trigger" laws in place that would prohibit abortion shortly after Roe is overturned. 

Meanwhile, 16 states have codified abortion protections into their laws. 

Blue states move to protect abortion access without Roe

How late in pregnancy each state allows abortions

Abortion at later stages in the pregnancy is largely still legal in most states.

Axios Explains: Abortion

Starbucks to cover travel expenses for employees seeking abortion or gender-affirming care

Conservative states are passing laws and measure restricting access to abortion and gender-affirming care.

Picture of the Starbucks logo in a location, with a person walking out

Photo: David Paul Morris/Bloomberg via Getty Images

Starbucks <a class="gtmContentClick" data-vars-link-text="announced" data-vars-click-url="https://stories.starbucks.com/stories/2022/starbucks-commitment-to-quality-healthcare-and-support-for-our-partners/" data-vars-content-id="3419d0c4-efd1-4754-b2f2-fa58ed046c0d" data-vars-headline="Starbucks to cover travel expenses for employees seeking abortion or gender-affirming care" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://stories.starbucks.com/stories/2022/starbucks-commitment-to-quality-healthcare-and-support-for-our-partners/" target="_blank">announced</a> Monday that it will cover the travel expenses of employees seeking abortion or gender-affirming care.The big picture: The move comes as conservative states continue to pass and enact laws <a class="gtmContentClick" data-vars-link-text="restricting access to abortion" data-vars-click-url="https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;cad=rja&amp;uact=8&amp;ved=2ahUKEwj3mvLtjuT3AhVgg3IEHbtjCNwQFnoECAcQAQ&amp;url=https%3A%2F%2Fwww.axios.com%2F2022%2F04%2F16%2Fabortion-ban-red-states-tracking-roe-supreme-court&amp;usg=AOvVaw0AUCNG_OeMBC_BD-e8W0ne" data-vars-content-id="3419d0c4-efd1-4754-b2f2-fa58ed046c0d" data-vars-headline="Starbucks to cover travel expenses for employees seeking abortion or gender-affirming care" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.google.com/url?sa=t&amp;rct=j&amp;q=&amp;esrc=s&amp;source=web&amp;cd=&amp;cad=rja&amp;uact=8&amp;ved=2ahUKEwj3mvLtjuT3AhVgg3IEHbtjCNwQFnoECAcQAQ&amp;url=https%3A%2F%2Fwww.axios.com%2F2022%2F04%2F16%2Fabortion-ban-red-states-tracking-roe-supreme-court&amp;usg=AOvVaw0AUCNG_OeMBC_BD-e8W0ne" target="_blank">restricting access to abortion</a> and <a class="gtmContentClick" data-vars-link-text="others banning gender-affirming medical care" data-vars-click-url="https://www.axios.com/2022/05/14/judge-alabama-ban-gender-affirming-care-minors" data-vars-content-id="3419d0c4-efd1-4754-b2f2-fa58ed046c0d" data-vars-headline="Starbucks to cover travel expenses for employees seeking abortion or gender-affirming care" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/2022/05/14/judge-alabama-ban-gender-affirming-care-minors" target="_self">others banning gender-affirming medical care</a> <a class="gtmContentClick" data-vars-link-text="for transgender people" data-vars-click-url="https://www.axios.com/2022/05/13/texas-supreme-court-investigation-trans-kids" data-vars-content-id="3419d0c4-efd1-4754-b2f2-fa58ed046c0d" data-vars-headline="Starbucks to cover travel expenses for employees seeking abortion or gender-affirming care" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/2022/05/13/texas-supreme-court-investigation-trans-kids" target="_self">for transgender people</a>.

After a record economic expansion, the coronavirus pandemic sent the U.S. economy into a recession as unemployment soared to staggering heights. The country now faces urgent questions about how much stimulus is needed for reeling consumers and businesses, and what a recovery might look like.

Economy & Business

A Texas Supreme Court ruled Friday that the state could resume investigating parents for child abuse if they seek gender-affirming care for transgender kids.

Why it matters: The decision reverses an injunction by a Texas appeals court in March that temporarily blocked such investigations.

The big picture: The court's ruling leaves the injunction in place for the family that originally filed the case's initial lawsuit as the case goes to trial.

The ruling also stated that the appeals court had "abused its discretion" by issuing a statewide order.

The probes began after Texas Gov. Greg Abbott (R) ordered state agencies in February to investigate gender-affirming care for transgender kids as child abuse.

The court called both Abbott's order and the state attorney general's opinion "nonbinding," meaning that state agencies are not required to report and investigate families who seek gender-affirming care but are allowed to do so.

What they're saying: "Though the court limited its order to the [plaintiffs], it reaffirmed that Texas law has not changed and no mandatory reporter or [Department of Family and Protective Services] employee is required to take any action based on the governor’s directive and attorney general opinion," said Lambda Legal and the American Civil Liberties Union, who represented the family in the case.

"By upholding the injunction, the court left in place the lower court’s decision that investigations based solely on the provision of medically necessary health care cause irreparable harm," they added.

State of play: Medical organizations, including the American Psychological Association and the American Medical Association, have condemned the directive to restrict gender-affirming medical care, saying it could have a detrimental effect on the mental health of transgender youth.

Over two-thirds of LGBTQ youth said recent debates over state laws that target transgender people have negatively impacted their mental health, according to a poll by the Trevor Project, which provides crisis intervention and suicide prevention services to LGBTQ youth. 

What we're watching: Lambda Legal and the ACLU said that the lawsuit will continue and it would be "unconscionable" for state agencies to continue these investigations in the meantime.

Go deeper: "Terrifying": Understanding Abbott's order on trans kids in Texas

 Editor's note: This article has been updated with new details throughout.

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Texas allowed to resume investigations of families with trans kids

The state can now investigate parents for child abuse if they seek gender-affirming care for transgender kids.

Texas Gov. Greg Abbott. Photo: Brandon Bell/Getty Images

Transgender rights

A Texas Supreme Court ruled Friday that the state could resume investigating parents for child abuse if they seek gender-affirming care for transgender kids.Why it matters: The decision <a class="gtmContentClick" data-vars-link-text="reverses an injunction" data-vars-click-url="https://www.axios.com/2022/03/22/texas-investigations-transgender-child-abuse" data-vars-content-id="9df8f58c-3516-4b10-93d4-43470b5da9cd" data-vars-headline="Texas allowed to resume investigations of families with trans kids" data-vars-event-category="story" data-vars-sub-category="story" data-vars-item="in_content_link" href="https://www.axios.com/2022/03/22/texas-investigations-transgender-child-abuse" target="_self">reverses an injunction</a> by a Texas appeals court in March that temporarily blocked such investigations.

Data: Axios Research; Map: Baidi Wang/Axios

The Supreme Court is likely to clear the way for new anti-abortion laws in just a few months — but red states aren't waiting.

The big picture: Conservative legislatures are passing a raft of controversial new laws, many of which push the envelope further than the courts have ever allowed. But with the court poised to significantly weaken Roe v. Wade, if not overturn it altogether, red states appear confident that these new measures will stand.

State of play: As of May 5, 86 bills to restrict or outright ban the procedure have been introduced in 31 states this year alone, according to Guttmacher Institute data. Eight bans have been enacted in 2022, with two being blocked by lower courts.

"Out of all the proposed bans, anti-abortion policymakers have been focusing primarily on three types" per Guttmacher. Those are bans on abortion after 15 weeks of pregnancy, "Texas-style" bans at around 6 weeks or less into a  pregnancy, enforced via private lawsuits of abortion providers and patients, and "trigger" bans that will go into effect if the Supreme Court were to overturn or weaken Roe.

Wyoming is the latest state to enact a "trigger" law. There are currently 13 states with such laws.

Driving the news: Axios is tracking abortion bans as they move through state legislatures and will update this story regularly. 

Oklahoma: Gov. Kevin Stitt (R) signed into law a "Texas-style" bill that bans abortions after effectively six weeks of pregnancy. It will be enforced via private lawsuits for a minimum $10,000 reward. The law is already in effect.

Earlier in the spring, the governor also signed a bill making it a felony to provide an abortion, punishable by up to 10 years in prison and a fine up to $100,000. It has no rape or incest exceptions. The law is set to go into effect in November.

Florida: Gov. Ron DeSantis (R) signed into law a 15-week abortion ban which has no exceptions for rape or incest. It only allows for abortions to be performed past the 15 weeks if there's a medical emergency or a "fatal fetal abnormality."

Arizona: Gov. Doug Ducey (R) signed into law a legislation prohibiting abortions past the 15th week of pregnancy, except in cases of medical emergencies. There are no exceptions for rape or incest. 

The law will go into effect in late June. 

Texas: An unprecedented law has been in effect since September banning abortions in the state after effectively six weeks of pregnancy. The law encourages private citizens to sue anyone suspected of helping a person receive an abortion for a reward of at least $10,000.

No court, including the U.S. Supreme Court, has blocked the law.

Louisiana: Gov. John Bel Edwards (D) in 2018 signed into law a 15-week abortion ban. 

The law states that it will go into effect if Mississippi's 15-week ban, which is being evaluated by the Supreme Court and is currently blocked, takes effect.

Kentucky: The U.S. Western Kentucky District Court temporarily blocked a bill banning abortions in Kentucky after 15 weeks of pregnancy. The law also contains other abortion regulations, including forcing patients to report their abortions and file "birth-death" certificates.

The law went in effect after the state legislature overrode a veto from Democratic Gov. Andy Beshear.

Back in 2019, a federal court temporarily blocked a six-week ban shortly after it was signed into law by then-Gov. Matt Bevin (R), and the case remains open. 

Idaho: The state Supreme Court temporarily blocked a bill modeled after Texas' six-week ban that would outlaw abortions in Idaho after around six weeks of pregnancy. The law was set to take effect on April 22, but is now stopped while legal challenges proceed. 

Gov. Brad Little (R) had signed it into law in March, making it at the time the first state to enact a law modeled after Texas' ban.

Mississippi: Mississippi has a 15-week abortion ban that has been blocked by courts since 2018. The legislation is currently being considered by the U.S. Supreme Court, and a ruling on this case — expected as soon as June — could result in the end of Roe v. Wade.

South Carolina: A federal appeals court in February temporarily blocked the state's six-week ban while the legal proceedings on its constitutionality continue. 

Gov. Henry McMaster signed the bill into law in February 2021. The same day it was enacted, Planned Parenthood and the Center for Reproductive Rights filed a lawsuit challenging the legislation.

Georgia: A federal court of appeals in 2021 temporarily blocked a six-week ban from taking effect, and a case challenging the law is currently on hold pending a Supreme Court decision on Mississippi's 15-week ban.

Missouri: Gov. Mike Parson (R) in 2019 signed into law a bill making abortions illegal after eight weeks of pregnancy. Planned Parenthood sued the state over the law, which was temporarily blocked by a district court that year, and a federal appeals court in 2021 upheld the ruling.   

Abortion bans that have passed both chambers in the state legislature

Oklahoma: The state Senate passed a second near-total abortion ban, which would be enforced by private citizens. 

If it is signed into law, it would take effect immediately and become the most restrictive abortion law in the U.S.

Abortion bans that have passed at least one chamber in the state legislature

West Virginia: Lawmakers in the state House passed a bill that would ban abortions after 15 weeks of pregnancy.

The state Senate did not vote on the bill within the required timeframe, so the legislation is dead. However, it can be reintroduced in the next legislative cycle, according to a spokesperson for the West Virginia legislature. 

Abortions could require 200-mile trips if Roe is overturned

Editor's note: This story has been updated to note several bans that were previously blocked in Kentucky, Missouri, Georgia, and South Carolina. 

Conservative legislatures are passing a raft of controversial new laws, many of which push the envelope further than the courts have ever allowed.

Map showing which states have enacted abortion bans, with some being blocked by courts.

The Supreme Court is likely to clear the way for new anti-abortion laws in just a few months — but red states aren&#x27;t waiting.The big picture: Conservative legislatures are passing a raft of controversial new laws, many of which push the envelope further than the courts have ever allowed. But with the court poised to <a class="gtmContentClick" data-vars-link-text="significantly weaken Roe v. Wade" data-vars-click-url="https://www.axios.com/supreme-court-abortion-mississippi-viability-ef8d640f-f1f4-4642-b318-606ca603e0d9.html" data-vars-item="in_content_link" href="https://www.axios.com/supreme-court-abortion-mississippi-viability-ef8d640f-f1f4-4642-b318-606ca603e0d9.html" target="_self">significantly weaken Roe v. Wade</a>, if not overturn it altogether, red states appear confident that these new measures will stand.

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Starbucks to cover travel expenses for employees seeking abortion or gender-affirming care

How late in pregnancy each state allows abortions

Red states race to enact new abortion restrictions

Texas allowed to resume investigations of families with trans kids

Louisiana abortion bill allowing homicide charges against patients stopped for now