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A trigger law is a law that is unenforceable but may achieve enforceability if a key change in circumstances occurs.

Examples

United States

Abortion

In the United States, thirteen states, Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming, enacted trigger laws that would automatically ban abortion in the first and second trimesters if the landmark case Roe v. Wade were overturned. When Roe v. Wade was overturned on 24 June 2022, some of these laws were in effect, and presumably enforceable, immediately. Other states' trigger laws took effect 30 days after the overturn date, and others take effect upon certification by either the governor or attorney general. Illinois formerly had a trigger law (enacted in 1975) but repealed it in 2017.

Eight states, among them Alabama, Arizona, West Virginia, and Wisconsin, as well as the already mentioned Arkansas, Mississippi, Oklahoma, and Texas, still have their pre-Roe v. Wade abortion bans on the law books. In North Carolina, a prohibition on abortions after 20 weeks (excepting medical emergencies) was passed in 1973 but unenforceable due to Roe v. Wade and a court ruling that it was unconstitutional until it was reinstated by U.S. District Judge William Osteen Jr. in August 2022. According to a 2019 Contraception Journal study, the reversal of Roe v. Wade and implementation of trigger laws (as well as other states considered highly likely to ban abortion), "In the year following a reversal, increases in travel distance are estimated to prevent 93,546 to 143,561 women from accessing abortion".

Medicaid

The Affordable Care Act allowed states to opt in to a program of health care expansion, which allowed more residents to qualify for Medicaid. The cost of this expansion was primarily borne by the federal government, but the percent paid by the federal government was scheduled to decrease each year, reaching 95% by 2017 and below 90% by 2021; the remainder would be assumed by the state. As of 2017, eight states had laws that would trigger an end to participation in Medicaid expansion, if federal funding fell below a particular level. Unlike abortion trigger laws prior to the overturning of Roe v. Wade, these are not unconstitutional at the moment and are only inactive because they rely on certain conditions to activate.

Same-sex marriage

In the 2015 Supreme Court decision Obergefell v. Hodges, all state constitutional and statutory bans of same-sex marriage were made null and void. However, if the precedent was overturned it would restore the bans in thirty-five states. In his concurring opinion in Dobbs v. Jackson Women's Health Organization, Supreme Court Justice Clarence Thomas said the court should reconsider the Obergefell ruling. Nevada became the first state to repeal its amendment banning same-sex marriage and recognize it in the Nevada state constitution in 2020.

Gun control

In July 2023, the Indianapolis City-County Council passed an assault weapons ban trigger law, which can only go into effect once the Indiana gun control state preemption law is repealed or invalidated.

Rent control

Richmond, California has strict ordinances related to rent control that will take effect in the event that the statewide Costa–Hawkins Rental Housing Act is repealed.

Elections

The states of Iowa and New Hampshire have trigger laws mandating that the election administrators place the Iowa caucuses and the New Hampshire presidential primary ahead of any other state's nomination event for presidential candidates of major parties.

The National Popular Vote Interstate Compact uses a trigger portion in which the Interstate compact comes into effect upon accession by enough states amounting to 270 electoral votes.

See also

• Interstate compact

References

1. "Definition of trigger law". Merriam-Webster.
2. "Oklahoma governor signs bill to ban abortion if SCOTUS rules". Associated Press. 28 April 2021. Archived from the original on 27 July 2021. Retrieved 27 July 2021.
3. Najmabadi, Shannon (16 June 2021). "Gov. Greg Abbott signs bill that would outlaw abortions if Roe v. Wade is overturned". The Texas Tribune. Archived from the original on 3 September 2021. Retrieved 3 September 2021.
4. Exchange, Wyoming Tribune Eagle via Wyoming News (16 March 2022). "Gov. Gordon signs 'trigger ban' abortion bill". Cody Enterprise. Archived from the original on 16 March 2022. Retrieved 22 March 2022.
5. "What if Roe Fell?". Center for Reproductive Rights. 21 February 2019. Archived from the original on 9 May 2019. Retrieved 9 May 2019.
6. "Abortion Policy in the Absence of Roe". Guttmacher Institute. 1 May 2022. Archived from the original on 6 May 2022. Retrieved 6 May 2022.
7. Smith, Kate (22 April 2019). "Abortion would automatically be illegal in these states if Roe v. Wade is overturned". CBS News. Archived from the original on 14 May 2019. Retrieved 9 May 2019.
8. "Supreme Court overturns Roe v. Wade; states can ban abortion". AP NEWS. 24 June 2022. Retrieved 24 June 2022.
9. ^ "Abortion will soon be banned in 13 states. Here's which could be next". Washington Post. 24 June 2022. Retrieved 24 June 2022.
10. Sarah Mansur, Bill removes trigger from abortion law, but impact unclear Archived 2 July 2018 at the Wayback Machine, Chicago Daily Law Bulletin (1 May 2017).
11. John Dempsey, Rauner signing of abortion bill angers conservatives Archived 2 July 2018 at the Wayback Machine, WLS-AM (29 September 2017).
12. Note, Recent Legislation: Illinois Repeals Anti-Abortion Trigger Law, 131 Harv. L. Rev. 1836 (2018).
13. Thompson, Elizabeth; Hoban, Rose (5 May 2022). "In the wake of Supreme Court leak, NC advocates ponder the future of abortion in the state". North Carolina Health News. Archived from the original on 5 May 2022. Retrieved 6 May 2022.
14. Donnelly, Claire (4 May 2022). "Here's how abortion laws in North and South Carolina could change if Roe is overturned". WUNC North Carolina Public Radio. Archived from the original on 4 May 2022. Retrieved 6 May 2022.
15. Crumpler, Rachel (19 August 2022). "Abortion access diminishes in NC after federal judge reinstates 20-week ban". North Carolina Health News. Retrieved 4 April 2023.
16. Myers, Caitlin; Jones, Rachel; Upadhyay, Ushma (31 July 2019). "Predicted changes in abortion access and incidence in a post-Roe world". Contraception. 100 (5): 367–373. doi:10.1016/j.contraception.2019.07.139. ISSN 0010-7824. PMID 31376381.
17. Schencker, Lisa (22 June 2017). "Medicaid expansion could end early in Illinois under Senate Obamacare replacement bill". chicagotribune.com. Archived from the original on 3 September 2021. Retrieved 3 September 2021.
18. says, Mike. "NM Group Slams Obamacare Replacement Bill Ahead of Senate Debate - El Paso Herald Post". Archived from the original on 3 September 2021. Retrieved 3 September 2021.
19. Allen, Kristin (11 November 2020). "A Short-Term Path to Avoid ACA Uncertainty as the Pandemic Continues". Health Management Associates. Archived from the original on 3 September 2021. Retrieved 3 September 2021.
20. "Without Obergefell, Most States Would Have Same-Sex Marriage Bans". The Pew Charitable Trusts. Retrieved 24 August 2022.
21. Green, Mary. "Roe overturn sparks fears same-sex marriage protection could be repealed too". WRDW. Retrieved 24 August 2022.
22. "Nevada becomes first state to recognize gay marriage in state constitution". NBC News. Retrieved 24 August 2022.
23. FAIR RENT, JUST CAUSE FOR EVICTION AND HOMEOWNER PROTECTION, retrieved 8 September 2023

External links

• Media related to Trigger law at Wikimedia Commons

• Law by type
• Political metaphors
• American legal terminology
• Informal legal terminology