Post-Roe v. Wade abortion laws broken down by state
So-called "trigger bans" made abortion illegal automatically in three states after the Supreme Court reversed Roe v. Wade.
Following the Supreme Court's decision to overrule Roe v. Wade, nine states have made it illegal for women to obtain an abortion in most circumstances, while seven other states are set to make abortion illegal or they already have pre-Roe abortion bans on the books.
So-called "trigger bans" in Kentucky, Louisiana and South Dakota made abortion illegal automatically after the Supreme Court reversed Roe. Other states, such as Arkansas, made abortion illegal upon approval from the governor and attorney general.
Meanwhile, House Speaker Nancy Pelosi (D-Calif.) pledged to fight to ensure abortion is protected across the United States via federal law. Some pro-choice organizations are suing to stop abortion bans, but the Supreme Court on Thursday ordered lower courts to vacate decisions against pro-life laws considering the decision in Dobbs v. Jackson Women's Health.
Check out how your state stands:
State | Legality | Details |
Alabama | Illegal | Alabama allows exceptions to save a mother's life, but not for rape or incest. |
Alaska | Legal with no restrictions based on gestational age | A woman may obtain an abortion at any point of pregnancy, but the state may consider a constitutional amendment on whether abortion should be protected. |
Arizona | Illegal |
Attorney General Mark Brnovich said a pre-Roe law from when Arizona was a territory is now in effect, and the U.S. Supreme Court sided with him. Arizona allows exceptions to save a mother's life, but not for rape or incest. |
Arkansas | Illegal | Abortion is illegal in Arkansas without exceptions for rape or incest, but it is allowed when a mother's life is at risk. |
California | Legal until viability (typically 24-26 weeks) | California is looking to enshrine abortion in the state constitution. |
Colorado | Legal with no restrictions based on gestational age | |
Connecticut | Legal until viability | |
Delaware | Legal until viability | |
District of Columbia | Legal with no restrictions based on gestational age | |
Florida |
Legal until viability, for now. |
Florida planned on prohibiting abortions 15 weeks after a woman's last period, with exceptions to save the life of a mother. A judge found that law unconstitutional and blocked it from taking effect, but the state is appealing. |
Georgia | Banned 20 weeks post-fertilization, but the court may lift an injunction, allowing a six-week ban | A Georgia circuit court issued a stay pending Dobbs, meaning that Georgia's six-week ban may take effect soon. The law includes exceptions for rape, incest, fatal fetal abnormality and to save the life of a mother. |
Hawaii | Legal until viability | |
Idaho | Temporarily legal until viability, will be illegal 30 days after overturning of Roe |
Idaho allows abortion in cases of rape, incest and to save a mother's life. The state also has a Texas-style abortion law allowing family members to sue medical professionals who provide abortions to a relative after a heartbeat is detected. |
Illinois | Legal until viability | |
Indiana | Legal until 20 weeks post-fertilization | Indiana may consider new restrictions during a special state Legislature session at the end of July. |
Iowa | Legal until 20 weeks post-fertilization | State Supreme Court ruled in June that the state constitution does not protect abortion, allowing state legislators to limit or ban abortion. |
Kansas | Legal until 20 weeks post-fertilization | Residents will vote in August whether to remove the Kansas' abortion protection from the state constitution. |
Kentucky | Illegal | Kentucky allows exceptions to save a mother's life, but not for rape or incest. |
Louisiana | Temporarily legal under an injunction, but may be made illegal after July 8 | Louisiana allows exceptions to save a mother's life, but not for rape or incest. |
Maine | Legal until viability | |
Maryland | Legal until viability | |
Massachusetts | Legal until 24 weeks | |
Michigan | Legal until viability | While abortions are legal until viability for now, Michigan has a pre-Roe law banning most abortions. However, a court blocked the ban, and the state's Democratic governor and attorney general have vowed to not enforce the law. |
Minnesota | Legal until viability | |
Mississippi | Temporarily legal until 20 weeks, will be illegal 10 days after attorney general certifies the overturning of Roe |
The Supreme Court case came in response to Mississippi's 15-week abortion ban. The state has a trigger law to ban abortion now that SCOTUS has overturned Roe. The law includes exceptions for rape or to save a mother's life. |
Missouri | Illegal | Missouri allows exceptions to save a mother's life, but not for rape or incest. |
Montana | Legal until viability | |
Nebraska | Legal until 20 weeks post-fertilization | The governor called for a special legislative session if Roe is overturned. |
Nevada | Legal until 24 weeks post-fertilization | |
New Hampshire | Legal until 24 weeks after a woman's last menstral period | |
New Jersey | Legal with no restrictions based on gestational age | |
New Mexico | Legal with no restrictions based on gestational age | |
New York | Legal until viability | |
North Carolina | Legal until viability, for now | A court enjoined a 20-week abortion ban, which could go into effect. The state also has a pre-Roe law and another abortion law. The court could decide over the next several weeks or months which laws are able to be enforced. |
North Dakota | Temporarily legal until 22 weeks, but soon to be illegal | North Dakota's trigger law will go into effect on July 28. North Dakota would allow abortion in cases of rape, incest and to save a mother's life. |
Ohio | Illegal after 6 weeks | Most abortions are banned after six weeks of pregnancy or the detection of a fetal heart beat. The law allows abortions to save a mother's life, but does not contain exceptions for rape or incest. |
Oklahoma | Illegal |
Oklahoma has some of the most restrictive abortion laws in the nation. The state has a trigger law that banned abortion as soon as Roe was overturned, with exceptions only allowed to save a mother's life. |
Oregon | Legal with no restrictions based on gestational age | |
Pennsylvania | Legal until 24 weeks after a woman's last menstral period | |
Rhode Island | Legal until viability | |
South Carolina | Illegal after 6 weeks |
The state allows for exceptions in cases of rape, incest, fatal fetal abnormality and to save the life of a mother. The legislature may reconvene this summer to consider a full ban. |
South Dakota | Illegal | South Dakota allows exceptions to save a mother's life, but not for rape or incest. The state's trigger law banned abortion immediately after Roe was announced. |
Tennessee | Illegal after 6 weeks, but a trigger law will go into effect soon | The state's trigger law prohibits nearly all abortions effective 30 days after the overturning of Roe, with exceptions to save a mother's life, but not for rape or incest. |
Texas | Temporarily legal until 6 weeks, but will soon be illegal |
The state's trigger law prohibits nearly all abortions effective 30 days after the overturning of Roe, with exceptions to save a mother's life, but not for rape or incest. |
Utah | Temporarily legal under an injunction, but may be made illegal pending an ACLU/Planned Parenthood lawsuit | The ACLU and Planned Parenthood have filed a lawsuit over the ban, which went into effect after the SCOTUS decision, according to the Associated Press.
Utah allows abortion in cases of rape, incest, to save a mother's life and if the fetus has a "severe brain abnormality." |
Vermont | Legal with no restrictions based on gestational age | |
Virginia | Legal until third trimester | Gov. Glenn Youngkin (R) announced he wants to create a bipartisan coalition to reduce abortions in the state after the overturning of Roe. |
Washington | Legal until viability | |
West Virginia | State may enforce pre-Roe law banning abortions with the only exception allowed to save the life of a mother | Voters approved a state constitutional amendment denying any rights to abortion, and lawmakers may enact a total ban. It is unclear whether the pre-Roe law can take effect without court action. |
Wisconsin | Pre-Roe ban is in effect, but the state's Democratic attorney general and governor are suing to block it |
Wisconsin's pre-Roe law allows exceptions to save a mother's life, but not for rape or incest. All abortion clinics shut down in Wisconsin last week, NPR reported. |
Wyoming | Illegal after six weeks |
Wyoming allows abortion in cases of rape, incest and to save a mother's life. |
Data was provided by the pro-life Family Research Council, the pro-choice Guttmacher Institute, Politico and The New York Times.
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