1.
The Alabama Attorney General has directed the state's district
attorneys to enforce the statute only after viability.
2.Florida
has enacted two bans on so-called "partial-birth" abortion.
Florida's former ban on so-called "partial-birth" abortion has been
permanently enjoined. In May 2000, Florida enacted a new ban on
so-called "partial-birth" abortion. A court has issued a preliminary
injunction prohibiting the enforcement of this new law.
3. A
court has approved a consent order that limits the enforcement of
this law to post-viability intact dilation and extraction procedures
except when necessary to preserve the woman's life or health.
4.
The U.S. Court of Appeals for the Seventh Circuit upheld so-called
"partial-birth" abortion bans in Illinois and Wisconsin, but
directed the lower courts to issue "precautionary injunctions"
prohibiting the enforcement of these bans as applied to all but a
single type of procedure. Subsequently, U.S. Supreme Court Justice
Stevens stayed the Seventh Circuit's decision pending the timely
filing of and disposition of a petition for a writ of
certiorari, and in January 2000, petitions for a writ of
certiorari were filed in both cases.
5. A
petition seeking U.S. Supreme Court review has been filed in this
case.
6.
The Kansas statute prohibits so-called "partial-birth" abortion
after viability except when necessary to preserve the woman's life
or if the pregnancy will result in "substantial and irreversible
impairment of a major physical or mental function" of the woman.
7.
Michigan has enacted two bans on so-called "partial-birth" abortion.
Michigan's former ban on so-called "partial-birth" abortion has been
permanently enjoined. In the 1999 legislative session, Michigan
enacted a new ban on so-called "partial-birth" abortion. A court has
issued a preliminary injunction prohibiting the enforcement of this
new law.
8.
Montana has enacted and subsequently amended a ban on so-called
"partial-birth" abortion. Montana's former ban on so-called
"partial-birth" abortion has been permanently enjoined. In the 1999
legislative session, Montana amended its previously enjoined ban on
so-called "partial-birth" abortion. Upon agreement of the parties, a
court has issued a permanent injunction limiting the enforcement of
Montana's "partial-birth" abortion ban as amended to post-viability
abortions.
9. On
January 14, 2000, the U.S. Supreme Court granted certiorari
in the Nebraska case, thereby agreeing to consider the
constitutionality of Nebraska's "partial-birth" abortion ban. On
April 25, 2000, the U.S. Supreme Court heard oral arguments, and a
decision is expected by the end of June.
10.
Enacted in March 2000, the New Mexico law prohibits "partial-birth"
abortion after viability except when necessary to preserve the
woman's life or "prevent great bodily harm" to the woman.
11.
Ohio has enacted two bans on "partial-birth" abortion or other
abortion procedures. Ohio's 1995 ban on dilation and extraction
abortion has been permanently enjoined. This law prohibited dilation
and extraction abortion unless the defendant showed that all other
available abortion procedures posed a greater risk to the woman's
health. In May 2000, Ohio enacted a new bill repealing the original
ban and prohibiting so-called "partial-birth" abortion except when
necessary to preserve the woman's life or health as a result of
either being endangered by a "serious risk of the substantial and
irreversible impairment of a major bodily function." This bill is
scheduled to become effective 90 days upon filing with the secretary
of state and the governor's signature, both of which occurred on May
19, 2000. A lawsuit is expected to be filed regarding this bill.
12.
The Utah statute prohibits so-called "partial-birth" abortion,
dilation and extraction abortion, and saline abortion after
viability unless all other available abortion procedures would pose
a risk to the woman's life or health.
13.
Although a federal district court ruled that Virginia's ban on
so-called "partial-birth" abortion is unconstitutional and issued a
permanent injunction prohibiting its enforcement, the U.S. Court of
Appeals for the Fourth Circuit stayed the injunction pending an
appeal, thereby allowing the law to remain in effect.
6/7/00
