“Abortion is still a criminal offense in every state with a trigger law or pre-Roe ban, regardless of whether a state-court injunction is in effect,” Mitchell said in an email to The Associated Press. Mitchell, who represents Texas and South Dakota in abortion lawsuits and has helped lawmakers in multiple states develop abortion bans and restrictions, said future legal fights could center around those who pay for abortions for people living in states with bans that are not being enforced due to court injunctions. His innovation was to make violations enforceable through lawsuits filed by citizens, rather than the government. Jonathan Mitchell, the former Texas solicitor general who is now a private practice attorney, came up with some of the key components of a Texas law that bans abortions after fetal cardiac activity is detected. It also recommends criminal penalties for any person, including a doctor, who knowingly or intentionally causes or aids an “unlawful abortion.” It recommends banning all abortions except to prevent the death of a pregnant woman, though it provides language for states that want to make exceptions in cases of rape or incest.
James Bopp Jr., general counsel for National Right to Life, has worked on model legislation for states, but said with few legislatures in session “the process of adopting new laws is really just beginning.” Most recently, lawmakers in West Virginia and Indiana have pushed ahead with new restrictions, with varying success. Wade said abortion is not a right under the Constitution, creating an opening for states pushing to get more restrictions on the books. Supreme Court’s decision overturning Roe v. Now they are going to be playing defense in all 50 states.” “For the last 50 years, Republicans have been on the offense by chipping away on the edges of Roe. “For Republicans, the post-Roe world will be significantly different, from a legal perspective,” said Jonathan Turley, a professor at George Washington University Law School. Others hope to get more conservatives elected in November to advance an anti-abortion agenda. New legal frontiers could include prosecuting doctors who defy bans, and skirmishes over access to medication abortions already are underway. One anti-abortion group has proposed model legislation that would ban all abortions except to prevent the death of a pregnant woman. Wade has been toppled, abortion opponents are taking a multifaceted approach in their quest to end abortions nationwide, targeting their strategies to the dynamics of each state as they attempt to create new laws and defend bans in courts.
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