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.

Updated: June 30, 2022 - 11:27pm

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States where abortion is illegal or soon to be
States where abortion is illegal or soon to be
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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.

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States where abortion is illegal or likely to be as of July 1, 2022
States where abortion is illegal or likely to be as of July 1, 2022
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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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