Governance

Like Guam, the U.S. Virgin Islands (USVI) has no constitution and is governed by an Organic Act, which was first enacted in 1954.^[1]48 U.S.C. § 1541 et seq. Despite convening five different constitutional conventions, the USVI has not adopted a local constitution. In 1968, Congress amended the Organic Act to extend both due process and equal protection rights to the USVI.^[2]Id. § 1561.

Restrictions

USVI criminal law generally prohibits abortion at twenty-four weeks^[3]14 V.I.C. §§ 151, 152. and requires abortion after twelve weeks to be performed in a hospital.^[4]Id. § 151 (b)(2). The territory restricts the provision of abortion care to licensed physicians.^[5]Id. § 151(b). USVI law allows a physician to notify a parent or legal guardian about a minor’s abortion without the minor’s consent.^[6]19 V.I.C. §§ 291 (a), 292 (c). The solicitation of patients for abortion is prohibited.^[7]14 V.I.C. § 153

Protections

USVI law does not protect abortion.

Laws that could be enforced if Roe v. Wade is limited or overturned

USVI does not have a pre-Roe ban.

Conclusion

If Roe v. Wade is limited or overturned, abortion will likely remain accessible in the U.S. Virgin Islands but without legal protection.