Roe v. Wade, the landmark 1973 case that established a constitutional right to an abortion up until the fetus can survive outside of the womb, was the law of the land for nearly 50 years. But in June, the Supreme Court overturned the almost half-century old precedent.
EXPLAINER:
What is Roe v. Wade? ]Dobbs v. Jackson Women’s Health Organization was a challenge to a Mississippi law banning abortion after 15 weeks of pregnancy that experts say stands in direct opposition to what the Supreme Court decided in Roe – that states may not ban abortion prior to fetal viability, which is generally understood by experts to mean between 22 and 24 weeks of pregnancy. But in a 6-3 decision, the conservative supermajority on the high court sided with Mississippi, upholding its ban in a massive reversal of precedent.
With the high court’s ruling, the decision now returns to the states, which have for months appeared to be gearing up for a new abortion frontier, brashly introducing restrictions and flouting current precedent. Those bans are beginning to take shape.
Here’s where things stand in states as of Nov. 27, 2022, and how state policy is expected to change in the absence of the landmark case, according to the Guttmacher Institute, a pro-abortion rights research and policy organization:
Jump to State:
Alabama
Abortion banned, except in cases where “abortion is necessary in order to prevent a serious health risk to the unborn child's mother.”
Alaska
Abortion legal throughout pregnancy.
Arizona
Abortion is legal up to 15 weeks *
* A law is currently blocked that would ban abortion except to save the life of a pregnant woman. Arizona’s current attorney general announced that this block will remain in effect until at least January, but votes for his replacement are currently split between an anti-abortion candidate and an abortion rights candidate.
Arkansas
Abortion banned “except to save the life of a pregnant woman in a medical emergency.”
California
Abortion legal up to fetal viability. Voters passed a state constitutional amendment that says “the state shall not deny or interfere with an individual’s reproductive freedom in their most intimate decisions.” This enshrines the right to abortion and contraception, but it is unclear whether this will override current restrictions.
Colorado
Abortion legal throughout pregnancy.
Connecticut
Abortion legal up to fetal viability.
Delaware
Abortion legal up to fetal viability.
District of Columbia
Abortion legal throughout pregnancy.
Florida
Abortion legal up to 15 weeks of pregnancy.
Georgia
Abortion legal up to six weeks of pregnancy. The Georgia Supreme Court reinstated a ban after six weeks just days after a lower court ruling had made abortions legal up to 22 weeks of pregnancy.
Hawaii
Abortion legal up to fetal viability.
Idaho
Abortion banned except in cases of rape or incest reported to law enforcement or when the procedure is “necessary to prevent the death of the pregnant woman.”
Illinois
Abortion legal up to fetal viability.
Indiana
Abortion legal up to 22 weeks of pregnancy.*
* A law is currently blocked through January that would ban abortion with very limited exceptions.
Iowa
Abortion legal up to 22 weeks of pregnancy.
Kansas
Abortion legal up to 22 weeks of pregnancy. In an August statewide referendum, Kansans voted to uphold the right to an abortion. In November, a state judge blocked the state from enforcing a ban on telemedicine for abortion care, a move abortion rights advocates say will expand access across the state.
Kentucky
Abortion banned, except when necessary “to prevent the death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman.” On election day, voters went against a proposal to explicitly state that there is no right to abortion in the state constitution, but the statewide ban is currently going through the Kentucky Supreme Court.
Louisiana
Abortion is banned except in the case of medical emergency or if the pregnancy is “medically futile.”
Maine
Abortion legal up to fetal viability.
Maryland
Abortion legal up to fetal viability.
Massachusetts
Abortion legal up to 24 weeks of pregnancy.
Michigan
Abortion legal up to fetal viability*
On election day, voters enshrined the right to an abortion via an amendment to the state constitution, rendering a pre-Roe abortion ban unconstitutional.
Minnesota
Abortion legal up to fetal viability.
Mississippi
Abortion banned except when “necessary for the preservation of the mother's life or where the pregnancy was caused by rape” that was reported to law enforcement.
Montana
Abortion legal up to fetal viability. Residents voted against a “Born Alive” ballot measure that would have enacted a law requiring that health workers attempt to provide life-saving care to an infant who is born alive, regardless of when that infant was born or if the infant was meant to be aborted.
Nebraska
Abortion legal up to 22 weeks of pregnancy.
Nevada
Abortion legal up to 24 weeks of pregnancy.
New Hampshire
Abortion legal up to 24 weeks of pregnancy.
New Jersey
Abortion legal throughout pregnancy.
New Mexico
Abortion legal throughout pregnancy. However, a new ordinance blocks abortion clinics from operating in New Mexico City.
New York
Abortion legal up to fetal viability.
North Carolina
Abortion legal up to 20 weeks of pregnancy.
North Dakota
Abortion legal up to 22 weeks of pregnancy*
*Due to an August ruling by a state judge, a trigger law is currently blocked that would ban abortion except “to terminate a pregnancy that resulted from gross sexual imposition, sexual imposition, sexual abuse of a ward, or incest” or “to prevent the death of the pregnant female.” However, an attorney for the state has challenged the reasoning behind the August ruling, and the case is currently under advisement by the state Supreme Court. Although abortion remains legal, the state’s only clinic has moved across the border to Minnesota.
Ohio
Abortion legal up to 22 weeks of pregnancy*
* A law is currently paused that would ban abortion after six weeks of pregnancy. The injunction was set to expire Oct. 12, but a state judge extended the pause indefinitely through a preliminary injunction.
Oklahoma
Abortion banned except when “necessary to save the life of a pregnant woman in a medical emergency” or if “the pregnancy is the result of rape, sexual assault, or incest that has been reported to law enforcement.”
Oregon
Abortion legal throughout pregnancy.
Pennsylvania
Abortion legal up to 24 weeks of pregnancy.
Rhode Island
Abortion legal up to fetal viability.
South Carolina
Abortion legal up to 22 weeks of pregnancy*
*A ban on abortion beyond six weeks has been temporarily blocked due to alleged violation of the right to privacy. The South Carolina Supreme Court heard arguments on the ban in mid-October, but there is no deadline for the five justices to release their decision. South Carolina lawmakers had a chance to pass another, equally restrictive ban, but failed to reach a compromise ahead of a Nov. 13 deadline. Currently, no providers in the state offer abortions beyond 14 weeks.
South Dakota
Abortion banned except “necessary to preserve the life of the pregnant female.”
Tennessee
Abortion banned except when “necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function.”
Utah
Abortion legal up to 18 weeks of pregnancy*
*A judge temporarily blocked the state’s trigger ban.
Vermont
Abortion legal throughout pregnancy. While right to abortion has been protected by law in Vermont, voters passed Proposal 5 on election day via a statewide referendum. This puts the right to “personal reproductive autonomy” in the state constitution.
Virginia
Abortion legal up to third trimester.
Washington
Abortion legal up to fetal viability.
West Virginia
Abortion banned, except when it is performed with the intention of saving the mother or child.
Wisconsin
Abortion effectively banned*
Providers in the state have stopped offering abortion care due to legal uncertainty surrounding a law banning abortion except when necessary to save the life of the mother. The ban is being legally challenged and will likely go before the state Supreme Court, where liberals are hopeful to seize the majority from conservatives following an election in April. The state’s attorney general, who won re-election against an anti-abortion candidate, stated he would not enforce the ban, but local law enforcement can.
Wyoming
Abortion legal up to fetal viability*
*A judge temporarily blocked the state’s trigger law, which bans abortion except “when necessary to preserve the woman from a serious risk of death or of substantial and irreversible physical impairment of a major bodily function” or if the pregnancy is the result of incest or rape.
