How Could Abortion Be Prosecuted in the United States?

How Could Abortion Be Prosecuted in the United States?

By Tom Hals

May 23, 2022

WILMINGTON, Del. (Reuters) - The U.S. Supreme Court is expected to strike down the 1973 landmark Roe v. Wade ruling that established a nationwide right to an abortion, clearing the way for the procedure to be banned or tightly restricted in 26 states.

Below is a look at penalties abortion providers could face in a post-Roe world and whether the laws could apply to women seeking abortions.

WHO COULD BE PROSECUTED?

The abortion bans that would go into effect would prosecute providers, such as doctors, or pharmacists who provide abortion-inducing pills.

If Roe is overturned, a Texas law would carry a sentence of up to life in prison for performing an abortion, while in Louisiana, providers could face up to 10 years hard labor.

COULD WOMEN BE PROSECUTED?

The laws that would go into effect if Roe is overturned often explicitly shield women who sought or obtained an abortion.

Some anti-abortion advocates said women are victims of abortion and are shielded from prosecution.

"If the law says that the abortion provider can be held accountable, the woman is not part of that," Carol Tobias, the president of the National Right to Life Committee. "I don't see anyone who wants that or thinks it would be appropriate.

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