Following the Supreme Court’s decision overturning Roe v. Wade, abortion policy is now set at the state level. Abortion is now illegal, soon to be illegal or potentially illegal in 16 states.
Alabama
Potentially illegal
State could try to enforce its pre-Roe law banning all abortions except to save the life of the pregnant person; near-total ban on abortion enjoined but could be reinstated
The state may try to enforce its pre-Roe law, which was determined to be unconstitutional. The law prohibits all abortions unless necessary to save the life of the pregnant person. The state has also enacted a near-total ban on abortion that has been enjoined, though that could change pending court action. That law contains an exception in the event of “serious health risk” to the pregnant person.
Alaska
Legal
Abortion allowed throughout pregnancy
Abortions are allowed throughout pregnancy, though that policy is not specifically protected by state law. The state Supreme Court has recognized a right to abortion under the state Constitution.
Arizona
Legal for now
Abortion legal until viability, for now; the state’s pre-Roe law is enjoined but the state could either try to enforce it or ask a court to allow it to enforce it; a 15-week ban will go into effect no later than Sept. 29
Abortions are, for now, legal until viability.
The state’s pre-Roe law, which prohibits all abortions except to save the life of the pregnant person, was found unconstitutional by the Arizona Court of Appeals in 1973 and subsequently enjoined by a superior court judge. Proponents have, however, argued the law could still be enforced.
Additionally, a new state law prohibiting abortions more than 15 weeks after the pregnant person’s last menstrual period will take effect 91 days after Arizona’s legislative session ends. If the session does not end early and the law is not blocked by the courts, the 15-week law will take effect Sept. 29. The law contains an exception to save the life of the pregnant person.
While the 15-week bill contains a provision saying it does not repeal the state’s pre-Roe law, Republican Gov. Doug Ducey has argued the new law supercedes the old one.
Arkansas
Soon to be illegal
Abortion illegal except to save the life of the pregnant person as soon as the attorney general certifies the Supreme Court has overturned Roe
Nearly all abortions will be illegal as soon as the attorney general certifies that the U.S. Supreme Court has overturned Roe, which Republican Attorney General Leslie Rutledge has said she will do immediately. The state’s trigger law prevents all abortions except to save the life of the pregnant person.
The state also has a pre-Roe law that has been enjoined to the extent it bars physicians from performing abortions and a near-total abortion ban, which has also been enjoined, which it could try to enforce.
California
Legal
Abortions legal until viability
Abortions are legal until viability. The state Supreme Court has recognized a right to abortion under the state Constitution, and state law also protects abortion access.
Colorado
Legal
Abortion legal throughout pregnancy
Abortions are legal throughout pregnancy. State law protects abortion access.
Connecticut
Legal
Abortion legal until viability
Abortions are legal until viability. State law protects abortion access.
Delaware
Legal
Abortion legal until viability
Abortions are legal until viability. State law protects abortion access.
District of Columbia
Legal
Abortion legal throughout pregnancy
Abortions are legal throughout pregnancy. District code protects abortion access.
Florida
Legal
Abortion legal until viability; 15-week ban slated to take effect July 1
Abortions are legal until viability, and the state Supreme Court has recognized a right to abortion under the state Constitution. The legislature has, however, passed a bill prohibiting abortions 15 weeks after the pregnant person’s last menstrual period, which takes effect July 1. A lawsuit is currently challenging the new law, and the state Supreme Court, which has grown more conservative, could uphold it.
The 15-week law contains an exception to save the life of the pregnant person.
Georgia
Legal for now
Abortion legal until 20 weeks after fertilization; court could lift injunction on six-week ban
Abortions are, for now, legal until 20 weeks after fertilization.
A state law banning abortions after six weeks has been enjoined in a decision currently pending on appeal in the 11th Circuit Court of Appeals.
The 11th Circuit issued a stay of the appeal pending a ruling on the Dobbs case, meaning a decision could now come at any time. If the court upholds the law, it will likely be several weeks before the injunction is formally lifted and the six-week law takes effect.
Georgia’s six-week law contains exceptions for rape, incest, to save the life of the pregnant person and in the case of fatal fetal anomaly.
Hawaii
Legal
Abortions legal until viability
Abortions are legal until viability. State law protects abortion access.
Idaho
Soon to be illegal
Abortion temporarily legal until viability; all abortions, except in cases of rape, incest, and to save the life of the pregnant person, illegal 30 days after the U.S. Supreme Court overturns Roe
Abortions are, temporarily, legal until viability.
The state has a trigger law that will prohibit nearly all abortions 30 days after the U.S. Supreme Court overturns Roe. The law contains exceptions for rape, incest and to save the life of the pregnant person.
The state has also banned abortions after six weeks of pregnancy — with exceptions for rape, incest and to save the life of a pregnant person — enforced through a private right of action. The law has been enjoined, but could go into effect before the total ban kicks in pending court action.
Illinois
Legal
Abortion legal until viability
Abortions are legal until viability. The state Supreme Court has recognized a right to abortion under the state Constitution. State law also protects abortion access.
Indiana
Legal
Abortion legal until 20 weeks after fertilization
Abortions are legal until 20 weeks after fertilization. The state Supreme Court has not recognized a right to abortion under the state Constitution, and state law does not protect abortion access. A group of 100 Republican lawmakers has petitioned Republican Gov. Eric Holcomb to call them into special session when Roe is overturned to address abortion.
Iowa
Legal
Abortion legal until 20 weeks after fertilization
Abortions are legal until 20 weeks after fertilization. The state Supreme Court has recognized a right to abortion under the state Constitution.
Kansas
Legal
Abortion legal until 22 weeks after the pregnant person’s last menstrual period
Abortions are legal until 22 weeks after the pregnant person’s last menstrual period. The state Supreme Court has recognized a right to abortion under the state Constitution, though Kansas voters in August will vote on whether to amend the Constitution to state there is no right to abortion.
Kentucky
Illegal
All abortions except to save the life of the pregnant person are illegal
Abortions are now illegal, except if necessary to save the life of the pregnant person.
The state’s trigger law prohibits all abortions immediately after the U.S. Supreme Court overturns Roe.
Louisiana
Illegal
All abortions except to save the life of the pregnant person are illegal
Abortions are now illegal, except if necessary to save the life of the pregnant person.
The state’s trigger law prohibits all abortions immediately after the U.S. Supreme Court overturns Roe.
Maine
Legal
Abortion legal until viability
Abortions are legal until viability. State law protects abortion access.
Maryland
Legal
Abortion legal until viability
Abortions are legal until viability. State law protects abortion access.
Massachusetts
Legal
Abortion legal until 24 weeks
Abortions are legal until 24 weeks. The state Supreme Court has recognized a right to abortion under the state Constitution. State law also protects abortion access.
Michigan
Legal for now
Abortion legal until viability for now; pre-Roe law banning all abortions except to save the life of the pregnant person could be reinstated by the courts
Abortions are, for now, legal until viability.
The state has a pre-Roe law that has been preliminarily enjoined, meaning the law is temporarily blocked while a case against it proceeds, but could be reinstated pending court action. Under the pre-Roe law, abortions are prohibited except to save the life of the pregnant person.
Minnesota
Legal
Abortion legal until viability
Abortions are legal until viability. The state Supreme Court has recognized a right to abortion under the state Constitution.
Mississippi
Soon to be illegal
Abortion temporarily legal until 20 weeks of probable gestational age; all abortions illegal 10 days after the attorney general certifies that the Supreme Court has overturned Roe
Abortions are, temporarily, legal until 20 weeks of probable gestational age.
The state has a trigger law prohibiting all abortions 10 days after the attorney general certifies that the U.S. Supreme Court has overturned Roe. The law contains exceptions in cases of rape or to save the life of the pregnant person.
The state also has a pre-Roe law, portions of which have been found unconstitutional, that it could try to enforce or could take to court to ask to be able to enforce. The pre-Roe law also contains exceptions in cases of rape or to save the life of the pregnant person.
Missouri
Soon to be illegal
Abortion illegal as governor, attorney general or legislature certifies the Supreme Court has overturned Roe
Abortion will be illegal as soon as soon as the attorney general authors an opinion, the governor issues a proclamation or the general assembly adopts a concurrent resolution notifying the state revisor of statutes that the U.S. Supreme Court has overturned Roe.
The exact timing is unclear, though Republican Attorney General Eric Schmitt has promised to “immediately” author an opinion. Republican Gov. Mike Parson has also said he is prepared to sign the necessary proclamation.
The state’s trigger law contains an exception to save the life of the pregnant person.
Montana
Legal
Abortion legal until viability
Abortions are legal until viability. The state Supreme Court has recognized a right to abortion under the state Constitution.
Nebraska
Legal
Abortion legal until 20 weeks after fertilization
Abortions are legal until 20 weeks after fertilization. The state Supreme Court has not recognized a right to abortion under the state Constitution, and there are no state laws protecting abortion access.
Nevada
Legal
Abortion legal until 24 weeks after fertilization
Abortions are legal until 24 weeks after fertilization. State law protects abortion access and was approved in a referendum by voters, meaning it cannot be changed without another vote of the people.
New Hampshire
Legal
Abortion legal until 24 weeks after a pregnant person’s last menstrual period
Abortions are legal until 24 weeks after the pregnant person’s last menstrual period. The state Supreme Court has not recognized a right to abortion under the state Constitution, and there are no state laws protecting abortion access.
New Jersey
Legal
Abortion legal throughout pregnancy
Abortions are legal throughout pregnancy. The state Supreme Court has recognized a right to abortion under the state Constitution. State law also protects abortion access.
New Mexico
Legal
Abortion legal throughout pregnancy
Abortions are allowed throughout pregnancy, though that policy is not legally protected. The state Supreme Court has not recognized a right to abortion under the state Constitution, though it has used the state’s Equal Rights Amendment to strike down restrictions on Medicaid abortion coverage.
New York
Legal
Abortion legal until 24 weeks after fertilization
Abortions are legal until 24 weeks after fertilization. State law protects abortion access.
North Carolina
Legal for now
Abortion legal until viability for now, pending court action
Abortions are, for now, legal until viability. North Carolina has multiple laws on the books dealing with abortion, including a 20-week law that has been enjoined by the courts, and a pre-Roe law that isn’t in effect because it was modified by another law after Roe was decided. Court action could alter which of the state’s laws are allowed to be enforced and would likely take weeks or months.
North Dakota
Soon to be illegal
Abortion illegal as soon as the attorney general certifies the Supreme Court has overturned Roe
Abortion will be illegal as soon as the attorney general certifies to the legislative council that the U.S. Supreme Court has overturned Roe. Prior to the release of the decision, North Dakota Attorney General Drew Wrigley said in a statement that his office was “still studying its role in the potential implementation of the trigger law.”
The trigger law prohibits all abortions except in cases of rape, incest or to save the life of the pregnant person.
Ohio
Legal for now
Abortion legal until 20 weeks after fertilization for now; six-week ban could be reinstated by the courts
Abortions are, for now, legal until 20 weeks post fertilization. A state law banning abortion six weeks after the pregnant person’s last menstrual period has been preliminarily enjoined, though Republican Attorney General David Yost has said he anticipates filing a motion to lift the stay if Roe is overturned, a move supported by Republican Gov. Mike DeWine. The law prohibits abortions except to save the life of the pregnant person.
Oklahoma
Illegal
Abortion already banned; will become illegal as soon as the attorney general certifies the Supreme Court has overturned Roe
Abortion has been civilly banned in Oklahoma since May, except in cases of rape, sexual assault and incest or if necessary to save the life of the pregnant person. The law is enforced through a private right of action.
Abortion will now also be illegal under the state’s trigger law as soon as the attorney general certifies that the U.S. Supreme Court has overturned Roe. The law directs the state to enforce its existing, but unenforced, pre-Roe ban. The law contains an exception to save the life of the pregnant person.
Oregon
Legal
Abortion legal throughout pregnancy
Abortions are legal throughout pregnancy. State law protects abortion access.
Pennsylvania
Legal
Abortion legal until 24 weeks after the pregnant person’s last menstrual period
Abortions are legal until 24 weeks after the pregnant person’s last menstrual period. The state Supreme Court has not recognized a right to abortion under the state Constitution, and there are no state laws protecting abortion access.
Rhode Island
Legal
Abortion legal until viability
Abortions are legal until viability. State law protects abortion access.
South Carolina
Legal for now
Abortion legal until 20 weks after fertilization for now; six-week ban could be reinstated
Abortions are, for now, legal until 20 weeks after fertilization. A state law banning abortion after six weeks has been enjoined. The case, however, remains open, and court action could remove that injunction, though that could still take weeks or months. The law contains exceptions in cases of rape, incest, to save the life of the pregnant person and in the case of a fatal fetal anomaly.
South Dakota
Illegal
Abortion illegal except to save the life of the pregnant person
Abortions are now illegal, except to save the life of the pregnant person.
The state’s trigger law prohibits all abortions immediately upon the release of the U.S. Supreme Court’s decision overturning Roe.
Tennessee
Soon to be illegal
Abortion temporarily legal until viability; abortion illegal 30 days after the Supreme Court overturns Roe
Abortions are, temporarily, legal until viability.
The state has a trigger law that will prohibit nearly all abortions 30 days after the U.S. Supreme Court overturns Roe. The law contains an exception to save the life of the pregnant person.
Texas
Illegal
Abortion already banned after six weeks: illegal except to save the life of the pregnant person 30 days after the Supreme Court overturns Roe
Abortion has been civilly banned after six weeks of pregnancy, except to save the life of the pregnant person, since September. The law is enforced through a private right of action.
The state has a trigger law that will prohibit nearly all abortions 30 days after the U.S. Supreme Court overturns Roe. The law contains an exception to save the life of the pregnant person.
Utah
Soon to be illegal
Abortion illegal as soon as the legislative counsel certifies the Supreme Court has overturned Roe
Abortion will be illegal in almost all cases under the state’s trigger law as soon as the state’s legislative general counsel certifies to the state Legislative Management Committee that the U.S. Supreme Court has overturned Roe. The law contains exceptions for rape, incest, to save the life of the pregnant person and in cases of fatal fetal anomaly or severe brain abnormality.
Vermont
Legal
Abortion legal throughout pregnancy
Abortions are legal throughout pregnancy. State law protects abortion access.
Virginia
Legal
Abortion legal until third trimester
Abortions are legal until the third trimester. The state Supreme Court has not recognized a right to abortion under the state Constitution, and there are no state laws protecting abortion access.
Washington
Legal
Abortion legal until viability
Abortions are legal until viability. State law protects abortion access.
West Virginia
Potentially illegal
State could try to enforce its pre-Roe law, banning all abortions except to save the life of the pregnant person
The state may try to enforce its pre-Roe law, which was found unconstitutional by the 4th Circuit Court of Appeals in 1975. Proponents and opponents of abortion rights disagree whether it can take effect without court action. The pre-Roe law bans all abortions except to save the life of the pregnant person.
Wisconsin
Potentially illegal
State’s pre-Roe law, banning all abortions except to save the life of the pregnant person, is likely in effect
Proponents and opponents of abortion rights believe the state’s pre-Roe law, which was determined in a state Supreme Court ruling in 1994 to only apply to feticide, likely is now in effect since it has not been blocked by the courts. Democratic Attorney General Josh Kaul has, however, said he will not enforce it, and has urged local prosecutors to do the same. The pre-Roe law bans all abortions except to save the life of the pregnanet person.
Wyoming
Soon to be illegal
Abortion temporarily legal until viability; illegal 5 days after review of the Supreme Court decision overturning Roe by the governor, attorney general and secretary of state is complete
Abortions are, temporarily, legal until viability.
The state’s trigger law will prohibit nearly all abortions shortly after the U.S. Supreme Court overturns Roe. Under the trigger law, the attorney general must review the Supreme Court’s decision and send a report to the governor within 30 days. The governor may then certify the results of the review to the secretary of state’s office, at which point the secretary of state’s office must immediately publish the law’s effective date, which will be five days after receipt of certification from the governor.
A spokesperson for Gov. Mark Gordon told POLITICO the law “is clear about process” and that the governor “will adhere to it.”
The law contains exceptions in cases of rape, incest and to preserve the life of the pregnant person.
Source: POLITICO analysis of state laws, interviews with proponents and opponents of abortion rights
Megan Messerly / POLITICO
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