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Map: These ‘trigger law’ states would ban abortion only if Roe is overturned 

Rather than challenge Roe v. Wade, 13 states have drafted laws to sidestep it entirely.
Abortion rights demonstrators protest outside Supreme Court
Abortion rights demonstrators protest outside the Supreme Court in Washington, D.C. on May 3.Al Drago / Bloomberg via Getty Images

If Roe v. Wade is overturned, these 13 states will be waiting.

While almost two dozen states are poised to ban or severely restrict abortion access in the event the landmark 1973 ruling is overturned, an NBC News analysis of Center for Reproductive Rights data shows 13 states across the South and Intermountain West have so-called trigger laws, or bans on abortion that only go into effect if Roe is struck down.

Unlike some laws, such as Alabama’s 2019 near-total ban on abortion, these trigger laws aren’t meant to challenge Roe v. Wade or set up court showdowns. Instead, they are drafted to avoid Roe entirely.

Idaho’s trigger law, for example, would make performing an abortion a felony 30 days after the “issuance of the judgment in any decision of the United States supreme court that restores to the states their authority to prohibit abortion.” The law states that the offense would be punishable by a prison sentence of 2 to 5 years in prison.

Politico on Monday night published a leaked Supreme Court draft opinion indicating that there are enough votes to strike down Roe v. Wade. The Supreme Court confirmed the authenticity of the draft on Tuesday.