Now that the Supreme Court has overturned Roe:
Abortion will remain accessible in the U.S. Virgin Islands (USVI), but without legal protection. USVI criminal law does not include express protections for abortion, and USVI has not adopted a local constitution.
Like Guam, the U.S. Virgin Islands (USVI) has no constitution and is governed by an Organic Act, which was first enacted in 1954.48 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.Id. § 1561.
USVI criminal law generally prohibits abortion at twenty-four weeks14 V.I.C. §§ 151, 152. and requires abortion after twelve weeks to be performed in a hospital.Id. § 151 (b)(2). The territory restricts the provision of abortion care to licensed physicians.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.19 V.I.C. §§ 291 (a), 292 (c). The solicitation of patients for abortion is prohibited.14 V.I.C. § 153
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.
If Roe v. Wade is limited or overturned, abortion will likely remain accessible in the U.S. Virgin Islands but without legal protection.