Anyone determined to have induced an abortion could face 3–15 years in prison, as well as up to $10,000 in fines. After the Supreme Court overturned Roe v. Wade on June 24, 2022, South Dakota banned abortions. Under the new law, anyone who induces an abortion is “guilty of a Class 6 felony,” with a maximum of two years imprisonment and $4,000 in fines. An exception is included to “preserve the life of the pregnant female,” given “appropriate and reasonable medical judgment.” There are no exceptions for rape or incest. Parental consent is required for minors under the age of 17. In January 2023, the South Carolina Supreme Court ruled that a 6 week abortion ban violates the state constitution.
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Abortion in Maryland is legal up to the point of fetal viability. Parental notification is required for minors under the age of 18. Georgia passed an abortion law on May 7, 2019, which prohibits abortions after a fetal heartbeat is detected, usually six weeks following the last menstrual period. The constitutionality of the law was challenged by the American Civil Liberties Union, Planned Parenthood, and the Center for Reproductive Rights.
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Because of the split between federal and state law, legal access to abortion continues to vary somewhat by state. Geographic availability, however, varies dramatically, with 87 percent of US counties having no abortion provider. Moreover, due to the Hyde Amendment, many state health programs which poor women rely on for their health care do not cover abortions; currently only 17 states offer or require such coverage. The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly depending on the laws of each state or other jurisdiction.
In 2019 New York codified abortions laws and protection in state law. New York state Senator Alessandra Biaggi has proposed a bill that allows the option for taxpayers in New York to contribute to the abortion access fund on their tax forms. This essentially helps create more access to abortion in the state. In 2007, Mississippi implemented a trigger law that would ban abortions within 10 days following the overruling of Roe v. Wade, which occurred on June 24, 2022.
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