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Abortion rights without Roe poised to splinter across states, jurisdictions, courts

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Performing an abortion in Oklahoma will be a felony punishable by up to 10 years in prison under a bill signed into law by Gov. …
Performing an abortion in Oklahoma will be a felony punishable by up to 10 years in prison under a bill signed into law by Gov. Kevin Stitt on Tuesday — just three days after lawmakers in Maryland went the other direction by expanding not only who can perform abortions but also requiring insurance to cover the procedure at no cost to the policyholder. The new laws in Oklahoma and Maryland reflect a rapidly splintering legal landscape as Republican-controlled states enact abortion restrictions while Democratic-run states race to codify abortion rights. A Supreme Court ruling expected this year could upend Roe v. Wade, the case that has guaranteed the right to abortion for the past half-century. Mr. Stitt, a Republican, said Tuesday that Oklahoma’s abortion ban, which becomes law 90 days after the Legislature adjourns, makes an exception only to save the life of the mother. “We want to outlaw abortion in the state of Oklahoma,” Mr. Stitt said. “I promised Oklahomans that I would sign every pro-life bill that hits my desk, and that’s what we’re doing here today.” The legislative actions in Oklahoma, Maryland and other states epitomize a growing national divergence on abortion law. “Pro-Life Laws in the States,” a geographical report released last week by the conservative Family Research Council, suggests the nation is approaching a time when state boundaries determine a woman’s access to abortion. Michael New, a political scientist at the Catholic University of America who analyzes abortion statistics, said the Family Research Council map confirms that “over half of U.S. states would have some protective laws in place” if the court’s 6-3 conservative majority gives states the authority to regulate abortion. “If Roe v. Wade were overturned, it would be difficult for pro-lifers to protect the preborn in politically liberal parts of the country,” Mr. New said. “However, throughout much of the South and the Midwest, there would be substantial legal protections for the preborn.” The Supreme Court is expected to issue a ruling this summer in the case of Dobbs v. Jackson Women’s Health Organization, which concerns a Mississippi law that bans abortions after 15 weeks of pregnancy.

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