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What is a trigger law?

Anti-abortion protest at the Supreme Court

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David Meyers
By David MeyersMay 04, 2022
David Meyers

David Meyers is the Executive Editor of The Fulcrum. Before launching The Fulcrum, David spent more than two decades at CQ Roll Call, a leading publisher of political news and information. During his time there, David served as managing editor of Roll Call (“the newspaper of Capitol Hill”) and as managing editor of member information and research, which included co-editing the definitive biographical directory of Congress, “Politics in America.” David went on to lead all of CQ Roll Call’s congressional research teams as vice president of research and content development before shifting to a revenue and strategy role as vice president of business operations for Roll Call, working with the advertising and editorial teams to develop new revenue models and expand the company’s events business. David lives in Fairfax, Va., with his wife, two daughters and rottweiler. A graduate of Tufts University, David is a past president of the Tufts University Alumni Association. He is also a past president of the Washington Press Club Foundation, which works to celebrate and advance the role of women and minorities in the media. David currently serves on the board of directors for Temple B’nai Shalom in Fairfax Station.

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If the Supreme Court’s draft opinion overturning Roe v. Wade becomes an official court decision, states will be free to legislate abortion issues as they see fit. Abortions will immediately become illegal in 13 states that have passed “trigger laws” tied to a court decision.

What does that mean?

A trigger law is designed to take effect when certain conditions are met. The legislative maneuver is in the news this week because more than a dozen states, mostly in the South and the Plains, have laws that would ban or restrict abortions as soon as the landmark 1973 Supreme Court decision is overturned.

Trigger laws are now solely the province of legislatures that oppose abortion. For example, a handful of states will automatically shut down their Medicaid expansion if certain conditions change at the federal level.

According to the Guttmacher Institute, the following states have trigger laws that would restrict, if not ban, abortions:

  • Arkansas
  • Idaho
  • Kentucky
  • Louisiana
  • Mississippi
  • Missouri
  • North Dakota
  • Oklahoma
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Wyoming

Nine states, some overlapping with the above list, already had abortion ban laws on the books prior to Roe, and those laws would once again be in effect if the the court acts as expected:

  • Alabama
  • Arizona
  • Arkansas
  • Michigan
  • Mississippi
  • Oklahoma
  • Texas
  • West Virginia
  • Wisconsin

If these laws go into effect, millions of people would be barred from having an abortion unless Congress passes legislation making abortion legal nationwide. However, any such bill would need 60 votes to overcome a Senate filibuster (which is not going to happen). The alternative would be to change or eliminate the filibuster rule so legislation can be passed by a simple majority vote. But centrist Democrats Joe Manchin and Kyrsten Sinema remain opposed to changing the filibuster rules.

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