The U.S. Supreme Court on Friday overturned Roe v. Wade, the 1973 decision that had provided a constitutional right to abortion. The ruling is expected to lead to abortion bans in roughly half the states, although the timing of those laws taking effect varies.
Some Republican-led states will ban or severely limit abortion immediately, while other restrictions will take effect later. At least one state, Texas, is waiting until after the Supreme Court issues its formal judgment in the case, which is separate from the opinion issued Friday and could take about a month.
In anticipation of the decision, several states led by Democrats have taken steps to protect abortion access. The decision also sets up the potential for legal fights between the states over whether providers and those who help women obtain abortions can be sued or prosecuted.
Here is an overview of abortion legislation and the expected impact of the court’s decision in every state.
Political control: Alabama has a Republican-controlled legislature and a Republican governor who want to ban or restrict access to abortions.
Background: In 2019, Alabama lawmakers approved what was then the most stringent abortion ban in the country, making it a felony to perform an abortion at any stage of pregnancy with no exceptions for pregnancies resulting from rape or incest. The only exception would be when the woman’s health was at serious risk. A federal judge issued an injunction, under the precedent of Roe v. Wade, blocking the state from enforcing the law. In 2018, voters agreed to amend the Alabama Constitution to say the state recognizes the “rights of unborn children” and “does not protect the right to an abortion or require the funding of abortion.” A 1951 law made it a crime, punishable by up to 12 months in prison, to induce an abortion, unless it is done to preserve the life or health of the mother.
Effect of Supreme Court ruling: Abortions became almost entirely illegal in Alabama on Friday. A 2019 state abortion ban took effect making it a felony to perform an abortion at any stage of pregnancy, with no exceptions for pregnancies caused by rape or incest. All three clinics stopped providing abortions Friday morning under fear of prosecution under the 1951 state law. U.S. District Judge Myron Thompson hours later granted Alabama's request to lift an injunction and allow the state to enforce the 2019 abortion ban. Alabama Attorney General Steve Marshall said it is now a felony to provide an abortion in Alabama beyond the one exception allowed in the 2019 law, which is for the sake of the mother’s health. Doctors who violate the law could face up to 99 years in prison. Marshall said the state would also move to lift other injunctions that blocked previous abortion restrictions, including a requirement for doctors who perform abortions to have hospital admitting privileges.
What’s next: Some Republican lawmakers have said they would like to see the state replace the 2019 ban with a slightly less stringent bill that would allow exceptions in cases of rape or incest. Proponents said the 2019 ban was deliberately strict in the hopes of sparking a court challenge to Roe.
Political control: Republicans currently hold a majority of seats in the state Legislature, but the House is controlled by a bipartisan coalition composed largely of Democrats. Fifty-nine of the Legislature’s 60 seats are up for election this year. Gov. Mike Dunleavy, a Republican who believes life begins at conception, is seeking reelection.
Background: The Alaska Supreme Court has interpreted the right to privacy in the state constitution as encompassing abortion rights.
Effect of Supreme Court ruling: The U.S. Supreme Court's decision is not expected to immediately affect abortion rights in Alaska, given the existing precedent in the state.
What’s next: Voters in the fall will be asked if they want to hold a constitutional convention, a question that comes up every 10 years. Many conservatives who want to overhaul how judges are selected and do away with the interpretation that the constitution’s right to privacy clause allows for abortion rights see an opportunity in pushing for a convention. Recent efforts to advance a constitutional amendment through the Legislature have been unsuccessful.
Political control: Both legislative chambers are controlled by Republicans, who regularly pass abortion restrictions that for the past eight sessions have been quickly signed by Republican Gov. Doug Ducey, an abortion opponent.
Background: Arizona law allows abortion through about 22 weeks, but the Legislature passed a 15-week abortion ban in March mirroring the Mississippi law that was contested before the U.S. Supreme Court. It will take effect 90 days after the Legislature adjourns, which it did Saturday. Current restrictions include bans on abortions because of gender and a 2021 law that makes it a felony for a doctor to terminate a pregnancy because the child has a survivable genetic abnormality. Arizona also has a pre-statehood law still on the books that would ban all abortions, although it has not been enforced since Roe was decided.
Effect of Supreme Court ruling: Ducey has argued in media interviews that the law he signed in late March takes precedence over the total ban that remains on the books. But the law he signed specifically says it does not overrule the total abortion ban in place for more than 100 years. Ducey is term-limited and leaves office in January. Abortion providers across the state stopped all procedures after the court ruled Friday because of concerns that the pre-Roe ban could put doctors, nurses and other providers at risk of prosecution.
What’s next: Abortion-rights supporters in Arizona have launched a long-shot bid to enshrine the right to abortion in the state constitution. Rolled out weeks after the draft U.S. Supreme Court decision showing Roe could be overturned was leaked, backers must collect more than 356,000 signatures by July 7 to get the initiative on the November ballot. Voters would then be able to decide.
Political control: Arkansas’ legislature is controlled by Republicans who have supported dozens of abortion bans and restrictions in recent years. Republican Gov. Asa Hutchinson also has supported bans on abortion with some exceptions. He’s term-limited and leaves office in January. Republican nominee Sarah Sanders, press secretary to former President Donald Trump, is widely favored in the November election to succeed him.
Background: Arkansas already had a law banning most abortions 20 weeks into a woman’s pregnancy, with exceptions for rape, incest and the life of the mother. The state has several other bans that have been struck down or blocked by courts in recent years, including an outright abortion ban enacted last year that doesn’t include rape or incest exceptions. That ban has been blocked by a federal judge, and the state has appealed.
Effect of Supreme Court ruling: Arkansas has a law it enacted in 2019 that bans nearly all abortions now that Roe is overturned. That ban, along with the outright ban that’s been blocked by a federal judge, only allows exceptions to protect the life of the mother in a medical emergency. Hutchinson has said he thinks bans should include rape and incest exceptions, but he has not called on the Legislature to add those to either of the bans.
What’s next: Hours after Friday’s ruling, Attorney General Leslie Rutledge signed certification that Roe had been overturned. That certification allows the state’s “trigger ban” to take effect immediately. The only exception in that ban is to protect the life of the mother in a medical emergency. The Legislature isn’t scheduled to meet until January, but Hutchinson is considering calling a special session to take up tax relief proposals. The Republican governor said Friday he does not plan on asking lawmakers to consider adding rape and incest exceptions to the state’s ban.
Political control: Democrats who support access to abortion control all statewide elected offices and have large majorities in the state Legislature.
Background: California outlawed abortion in 1850, except when the life of the mother was in danger. The law changed in 1967 to include abortions in the case of rape, incest or if a woman’s mental health were in danger. In 1969, the California Supreme Court declared the state’s original abortion law to be unconstitutional but left the 1967 law in place. In 1972, California voters added a “right to privacy” to the state constitution. Since then, the state Supreme Court has interpreted that “right to privacy” as a right to access abortion, allow minors to get an abortion without their parents’ permission and use public funding for abortions in the state’s Medicaid program. California now requires private health insurance plans to cover abortions and does not allow them to charge things such as co-pays or deductibles for the procedure.
Effect of Supreme Court ruling: Abortion will remain legal in California prior to the viability of a fetus. Democratic Gov. Gavin Newsom has vowed to make California a sanctuary for women who live in other states where abortion is outlawed or severely restricted. The number of women who travel to the state for abortions is expected to rise significantly.
What’s next: The state Legislature is considering 13 bills that would strengthen or expand access to abortion. The bills are based on a report from the Future of Abortion Council, which Newsom formed last year to study reproductive rights in California. They include proposals that would help pay for women from other states to come to California for abortions, ban enforcement of out-of-state civil judgments on California abortion providers and volunteers, and increase the number of people who can offer abortions by authorizing some nurse practitioners to perform the procedure without the supervision of a doctor. Lawmakers also plan to put a constitutional amendment on the ballot in November that would explicitly guarantee the right to an abortion and contraceptives.
Political control: The Democrats who control the Colorado Legislature support access to abortion, as does the state’s Democratic governor.
Background: A 1967 state law legalized abortion up to 16 weeks of pregnancy. Abortion has been accessible ever since, despite repeated legislative attempts and ballot initiatives to restrict or abolish the procedure. Colorado voters have consistently rejected such initiatives, the latest in 2020 that would have banned abortion during the third trimester of pregnancy. In 2022, Colorado Gov. Jared Polis signed a law placing the right to abortion in state statute. The law guarantees access to reproductive care before and after pregnancy and bans local governments from imposing their own restrictions. It also declares that fertilized eggs, embryos and fetuses have no independent rights. Abortion rights advocates plan a 2024 ballot initiative to add abortion rights to the state constitution and repeal a 1980s constitutional amendment that bans public funding for abortion.
Effect of Supreme Court ruling: The decision won’t have any immediate impact on Colorado law -- but providers are preparing for a surge of out-of-state patients. Democratic House Majority Leader Daneya Esgar says lawmakers must consider how to invest in a health care workforce to ensure Colorado has the capacity to meet that anticipated demand. Colorado’s health department reports there were 11,580 abortions in the state in 2021; of those 14% were for non-residents. More than 900 of those non-residents were from Texas, Wyoming and Nebraska.
What’s next: It’s impossible to predict how many more patients from states surrounding Colorado will potentially seek care now that Roe v. Wade has been overturned. But the Texas law could induce more people to come. Oklahoma now has an early pregnancy abortion ban; Utah and Wyoming have trigger laws banning abortion now Roe is overturned; the Kansas Constitution protects abortion rights, but Republican lawmakers placed on an August primary ballot an initiative to overturn it.
Political control: Democrats who control the Connecticut General Assembly support access to abortion, as does the state’s Democratic governor.
Background: Connecticut passed a law in 1990 giving women the legal right to abortion. Having passed with strong bipartisan support, it was lauded at the time for being a rare compromise between abortion rights advocates and opponents. It affirmed a woman’s unqualified right to an abortion “prior to viability of the fetus,” as well as later-term abortions “necessary to preserve the life and health of the pregnant woman.” It also repealed state laws predating Roe v. Wade that had made it a felony to have an abortion or to perform one and required that patients under 16 receive counseling about their options. This year, Gov. Ned Lamont signed legislation to protect medical providers and patients from out-of-state legal actions. The same law allows advanced practice registered nurses, nurse-midwives or physician assistants to perform aspiration abortions in the first 12 weeks of a pregnancy.
Effect of Supreme Court ruling: Connecticut Attorney General William Tong, a Democrat, has vowed to challenge any attempt to nullify Connecticut’s abortion rights law. “Let’s not mince words. They will come for us,” Tong warned abortion rights supporters during a recent news conference. “We will fight that effort tooth-and-nail. Any court, any place, Connecticut will be there and will fight.” The state is already involved in major abortion cases across the country. And while Connecticut is surrounded by mostly pro-abortion states, it’s still bracing for out-of-state patients seeking abortions now that Roe has been overturned.
What’s next: Connecticut’s new law protecting abortion providers from other states’ bans takes effect on July 1. It creates a legal cause of action for providers and others sued in another state, enabling them to recover certain legal costs. It also limits the governor’s discretion to extradite someone accused of performing an abortion, as well as participation by Connecticut courts and agencies in those lawsuits. There’s discussion of possibly amending the state’s constitution to enshrine the right to abortion, making it more difficult to overturn, but that would be a multi-year process.
Political control: Democrats control the governor’s office and both chambers of the legislature in Delaware and have taken several steps to ensure access to abortion.
Background: In 2017, Delaware became the first state following the election of President Donald Trump to codify the right to an abortion. A bill signed by Gov. John Carney, a Catholic, guarantees the unfettered right to an abortion before a fetus is deemed “viable.” The law defines viability as the point in a pregnancy when, in a physician’s “good faith medical judgment,” there is a reasonable likelihood that the fetus can survive outside the uterus without the application of extraordinary medical measures. The law also allows abortion after fetal viability if, in a doctor’s “good faith medical judgment,” abortion is necessary for the protection of the woman’s life or health, or if there is a reasonable likelihood that the fetus cannot survive without extraordinary medical measures. The law eliminated existing code restrictions on abortions, much of which had already been declared unenforceable by Delaware’s attorney general in 1973 following the Supreme Court rulings in Roe v. Wade and Doe v. Bolton. In April of this year, Carney signed a bill allowing physician assistants and advanced practice registered nurses to prescribe abortion-inducing medications including mifepristone and misoprostol.
Effect of Supreme Court ruling: “In Delaware, the privacy protections of Roe v. Wade are codified in state law, guaranteeing residents have access to legal abortion services even if Roe were to be undone at the federal level,” Democratic lawmakers noted earlier this month in unveiling legislation further broadening access to abortions. The bill, which is likely to pass before the end of June, allows physician assistants, certified nurse practitioners and nurse midwifes to perform abortions before viability. It also includes various legal protections for abortion providers and patients, including out-of-state residents receiving abortions in Delaware. Those provisions include protections from civil actions in other states relating to the termination of a pregnancy, and protecting individuals from extradition to other states for criminal charges related to terminating a pregnancy.
What’s next: According to state health officials, 2,042 abortions were performed in Delaware in 2019, with 1,765 involving Delaware residents and 277 involving nonresidents. Delaware is not likely to see a huge influx of women traveling from out of state to get abortions if Roe v. Wade is overturned, given that neighboring Maryland and New Jersey also have liberal abortion-access laws. In neighboring Pennsylvania, where Republicans control both chambers of the Legislature, future abortion access could hinge on the outcome of this year’s gubernatorial contest.
DISTRICT OF COLUMBIA
Political control: The local government in the nation’s capital is completely controlled by Democrats, with a Democratic mayor and the D.C. Council split between Democrats and nominal independent politicians, who are all, invariably, Democrats.
Background: Abortion is legal in the District of Columbia at all stages of pregnancy, a status that was upheld in the 1971 Supreme Court case United States v. Vuitch. However, the U.S. Congress has oversight power over D.C. laws and Congress has already banned the city from using local funds to pay for abortions for women on Medicaid.
Effect of Supreme Court ruling: Elected officials in Washington, D.C., fear Congress could move to restrict abortion access, particularly if Republicans recapture the House of Representatives in midterm elections later this year. President Joe Biden could theoretically veto such a move, but that protection is subject to political calculations and is not guaranteed.
What’s next: Local officials have pledged defiance against any sort of Congressional move to restrict local abortion access. The D.C. Council is considering legislation that would declare Washington, D.C., a “sanctuary city” for those coming from states where abortion is banned. According to federal data, most of the women getting abortions in Washington already are coming from out of state. Those numbers could increase, particularly if new Republican Gov. Glenn Youngkin moves to restrict abortion access in neighboring Virginia.
Political control: Republicans control both chambers of the Florida Legislature and this year passed a ban on abortions after 15 weeks, which was signed into law by the state’s Republican governor.
Background: Abortion was legal in Florida until the 24th week of pregnancy, though lawmakers have been tightening access in recent years with bills requiring a one-day waiting period and requiring parents of a pregnant minor to be notified before an abortion can be provided. This year, in anticipation of the U.S. Supreme Court ruling that overturned Roe v. Wade, the Legislature passed a ban on abortions after the 15th week, except to save the mother’s life, prevent serious injury or if the fetus has a fatal abnormality. It does not allow for exemptions in cases where pregnancies were caused by rape or incest. Gov. Ron DeSantis called the legislation “the most significant protections for life that have been enacted in this state in a generation.”
Effect of Supreme Court ruling: The decision places Florida’s 15-week ban on firm legal ground, at least under federal law. However, the legislation is already being challenged in state court on arguments that it violates a guarantee of the right to privacy under the state constitution.
What’s next: Florida’s 15-week ban goes into effect on July 1, but challenges to that legislation are pending. Though only about 2% of Florida’s abortions take place after 15th week, abortion rights advocates have expressed concern over declining access to the procedure not only for Floridians but for residents from nearby Southern states where restrictions have historically been stricter than in Florida.
Political control: Georgia has a Republican legislature and governor who support abortion restrictions, but all are up for election this November. Republicans are likely to retain legislative control, but there’s a possibility a Democrat could become governor.
Background: Georgia lawmakers in 2019 passed a law by one vote that would ban most abortions after about six weeks of pregnancy, when fetal cardiac activity can be detected. The measure is unlike other so-called “heartbeat” bills in that it also contains language designating a fetus as a person for certain state-law purposes such as income tax deductions and child support. A federal judge quickly put the law on hold, saying it was unconstitutional, and the state appealed to the 11th U.S. Circuit Court of Appeals. The 11th Circuit said it would wait to rule on the appeal pending a ruling by the U.S. Supreme Court in the Mississippi case.
Effect of Supreme Court ruling: The day the Supreme Court overturned Roe v. Wade, Georgia’s attorney general asked the 11th Circuit to reverse the lower court’s ruling and allow the state’s abortion law to take effect. That same day, the 11th Circuit directed the parties to file briefs within three weeks addressing what effect, if any, the Supreme Court decision has on the Georgia appeal. If the law takes effect, it would ban the large majority of abortions that currently take place in Georgia – about 87%, according to providers. The change could happen in the middle of tightly contested races in Georgia for governor and U.S. Senate. Democratic U.S. Sen. Raphael Warnock and challenger for governor Stacey Abrams say they want to secure abortion rights. Republican Senate challenger Herschel Walker and incumbent Republican Gov. Brian Kemp support restrictions.
What’s next: Some Republican lawmakers and candidates want Georgia to go further and ban abortion entirely, but Kemp is unlikely to call a special session before this November’s general election. Lawmakers are likely to consider further action when they return for their annual session in January. The Legislature or courts will have to sort out whether the provisions designating a fetus as a person are workable.
Political control: Hawaii’s governor is a Democrat and Democrats control more than 90% of the seats in the state House and Senate.
Background: Hawaii legalized abortion in 1970, when it became the first state in the nation to allow the procedure at a woman’s request. The state allows abortion until a fetus would be viable outside the womb. After that, it’s legal if a patient’s life or health is in danger. For many years, only licensed physicians could perform the procedure. Last year, the state enacted a law allowing advanced practice care nurses to carry out in-clinic abortions during the first trimester. This helps women on more rural islands who have been flying to Honolulu to obtain abortions because of doctor shortages in their communities. The law allows the nurses to prescribe medication to end a pregnancy and to perform aspiration abortion, a type of minor surgery during which a vacuum is used to empty a woman’s uterus.
Effect of Supreme Court ruling: Existing Hawaii law allows abortions, but Gary Yamashiroya, a spokesperson for the state attorney general’s office, has said the attorney general was carefully considering measures Hawaii might take to protect and strengthen reproductive rights if Roe ended. “No matter the outcome, our state remains committed to reproductive freedom and choice,” he said.
What’s next: Political support for abortion rights is strong. Anti-abortion bills are rarely heard at the state Legislature. When they have been, they haven’t made it out of committee. Gov. David Ige issued a statement supporting abortion rights when the Supreme Court’s draft opinion overturning Roe leaked. ”No matter what the Supreme Court decides, I will fight to ensure a woman’s right to choose in the State of Hawaii,” he said. The Hawaii State Commission on the Status of Women earlier this month said 72% of the state Senate and 53% of state House members signed a pledge supporting abortion rights.
Political control: Republicans hold super-majorities in the House and Senate and oppose access to abortion, as does the state’s Republican governor.
Background: Following the U.S. Supreme Court’s 1973 Roe v. Wade ruling, Idaho passed a law generally allowing abortions in the first and second trimester up to viability at about 23 to 24 weeks. The law allows abortions after viability only to protect the mother’s life or in cases of nonviable fetuses. This year, lawmakers passed a Texas-style ban prohibiting abortions after about six weeks of pregnancy and authorizing family members to sue medical providers for performing an abortion. That law is on hold following a challenge by Planned Parenthood. The Idaho Supreme Court is scheduled to hear arguments in August.
Effect of Supreme Court ruling: It triggers a 2020 Idaho law banning all abortions except in cases of reported rape or incest, or to protect the mother’s life, to take effect in 30 days. Under the law, the person performing the abortion could face a felony prosecution punishable by up to five years in prison. In cases of rape or incest, the law requires pregnant women to file a police report and provide a copy of the report to the provider prior to an abortion. If the Idaho Supreme Court upholds the state’s Texas-style abortion ban and Roe v. Wade is tossed aside, a medical provider who performs an abortion in Idaho could face a lawsuit and criminal charges.
What’s Next: Pregnant women seeking abortions will have to travel out of state; the nearest abortion providers would be in Washington, Oregon, Nevada and Colorado. Planned Parenthood is renting space in the town of Ontario on the Idaho-Oregon border and says it’s preparing for an influx of patients seeking abortions. Some Republican lawmakers in Idaho might propose new legislation in January to outlaw abortion pills and emergency contraception.
Political control: Illinois is overwhelmingly Democratic with laws providing greater access to abortion than most states. Democrats hold veto-proof supermajorities in the House and Senate, and the Democratic first-term governor seeking reelection this year, J.B. Pritzker, has promoted peaceful street protests to protect the constitutional right to an abortion.
Background: Abortion is legal in Illinois and can only be restricted after the point of viability, when a fetus is considered able to survive outside the womb. Medical science determines viability at 24 to 26 weeks, but the Illinois law does not specify a timeframe, saying a medical professional can determine viability in each case. Abortions are also allowed after viability to protect the patient’s life or health.
Effect of Supreme Court ruling: It won't change access to abortion in Illinois. After the Roe v. Wade decision in 1973, the Illinois Abortion Act of 1975 legalized abortion but enacted a “trigger law” that would reinstate the ban if Roe were overturned. That trigger law was repealed in 2017 in legislation that also required Medicaid and state employees’ group health insurance to cover abortions. The 2019 Reproductive Health Act replaced the 1975 law, large parts of which were never enforced because they were found to be unconstitutional.
What’s next: Like other states providing access to abortions, Illinois has seen a steady influx of patients crossing the state line for abortions in recent months and those numbers are expected to increase. Planned Parenthood of Illinois says it expects to handle an additional 20,000 to 30,000 patients in Illinois in the first year following the reversal of Roe.
Political control: Indiana has a Republican-dominated Legislature and a Republican governor in favor of restricting abortion access.
Background: Abortion in Indiana is legal up to about 20 weeks, with some provisions for medical emergencies. Before an abortion, patients must undergo an 18-hour waiting period. Medical providers must tell patients about the risks involved in abortion and must say the fetus can feel pain around 20 weeks, which is disputed. Providers must report complications related to abortion; failure to report can result in a misdemeanor, 180 days in jail and a $1,000 fine. Federal courts have blocked several restrictions in Indiana, including an attempt to ban a common second-trimester abortion procedure and a law that would have required doctors to tell pregnant women about a disputed treatment to potentially stop a drug-induced abortion.
Effect of Supreme Court ruling: No immediate changes are expected, but legislators unwilling to wait until the 2023 session could ask Indiana Gov. Eric Holcomb to call a special session this summer to start modifying the state’s abortion laws.
What’s next: Republican legislative leaders said Friday they expected lawmakers to act on tightening Indiana’s abortion laws during a special legislative session starting July 6, but gave no details about what restrictions would be considered. Republican Gov. Eric Holcomb earlier this week called the Legislature into a special session to take up a tax refund proposal, but state law allows legislators to consider any subject.
Political control: Iowa’s legislature is controlled by Republicans who want to ban or restrict abortion access and a Republican governor who agrees and is up for reelection this year.
Background: Iowa allows most abortions until the 20th week of pregnancy, when they’re banned except to save a patient’s life or prevent a substantial and irreversible physical impairment of a major bodily function. In 2018, the state Supreme Court declared access to abortion a “fundamental” right under the state constitution, granting stronger protections to abortion rights than the U.S. Constitution. The state’s high court, now with a conservative majority, overturned that decision June 17, thus allowing a state law requiring a 24-hour waiting period to go into effect immediately. That requirement is being challenged in district court.
Effect of Supreme Court ruling: Nothing is expected to change immediately in Iowa. The GOP-controlled Legislature has been working to get an amendment on the ballot in 2024 that would declare the state constitution does not grant a right to abortion but, with Roe overturned, Iowa lawmakers can ban abortion without completing that lengthy process.
What’s next: Now that the Iowa Supreme Court has struck down its 2018 ruling, the state Legislature can convene a special session this summer and pass abortion restrictions. Republicans could still move to get the constitutional amendment on a public ballot in 2024.
Political control: Kansas has a legislature controlled by Republicans who want to ban or restrict access to abortions but a Democratic governor who supports access and is up for re-election this year.
Background: Under current law, Kansas does not ban most abortions until the 22nd week of pregnancy, when they’re allowed only to save a patient’s life or to prevent “a substantial and irreversible physical impairment of a major bodily function.” The state Supreme Court in 2019 declared that access to abortion is a “fundamental” right under the state constitution, granting stronger protections to abortion rights than the U.S. Constitution does currently. State law, however, doesn’t allow providers to dispense abortion medications through telemedicine consultations.
Effect of Supreme Court ruling: Nothing will change immediately in Kansas. The state Supreme Court blocked enforcement of a 2015 legislative ban on a common second-trimester procedure, and abortion opponents fear a host of other rules could fall to legal challenges in the near future. The GOP-controlled Legislature responded by putting a constitutional amendment on the ballot during the Aug. 2 primary, when turnout is expected to be much lower than in a general election and will likely see a higher proportion of Republicans voting. The amendment would declare that the state constitution does not grant a right to abortion. It would allow lawmakers to restrict abortion as much as the federal courts will allow .
What’s next: If voters approve the amendment, the Legislature would still have to approve the new restrictions, and lawmakers are out of session until January 2023. They can call themselves in to special session with two-thirds majorities, but they’re likely to wait until after voters decide in the November general election whether to give Democratic Gov. Laura Kelly a second term.
Political control: Republicans have a supermajority in the Kentucky Legislature and have been restricting abortion rights since the 2016 election over the vetoes of Democratic Gov. Andy Beshear, who supports abortion rights and will seek a second term in 2023.
Background: Kentucky bans abortions after 20 weeks, but all abortion services were temporarily halted in April after the legislature imposed new restrictions and reporting requirements on the state’s two abortion clinics. The clinics, both in Louisville, said they suspended abortions because state officials hadn’t written guidelines on how to comply with the new law. Noncompliance could result in stiff fines, felony penalties and revocation of physician and facility licenses. Abortions resumed after a federal judge temporarily blocked key parts of the law, including a provision banning abortions after 15 weeks of pregnancy.
Effect of Supreme Court ruling: Abortion services in Kentucky immediately became illegal under a “trigger law” enacted in 2019. The measure contains a narrow exception allowing abortion to prevent the death or permanent injury of a pregnant woman. Kentuckians will be able to vote this November on a proposed amendment declaring there is no right to an abortion in the state constitution.
What’s next: Abortion-rights activists say the suspension of abortion services in April foreshadowed what would happen in Kentucky and other Republican-leaning states if Roe v. Wade was overturned. It likely ends several legal challenges pending against other Kentucky abortion laws including a 2018 measure that abortion-rights supporters say would effectively ban a standard abortion method in the second trimester of pregnancy. The U.S. Supreme Court ruled in March that Kentucky’s Republican attorney general, Daniel Cameron, can defend the measure that was struck down by lower courts.
Political control: Louisiana’s legislature is controlled by Republicans who want to ban or restrict abortion access. Its Democratic and Catholic governor also opposes abortions, though he supports exceptions for victims of rape or incest.
Background: Voters approved a constitutional amendment in 2020 stating that “a right to abortion and the funding of abortion shall not be found in the Louisiana Constitution.” Of the about 2 million people who voted, 62% approved the amendment. Abortion had been legal in Louisiana through the 19th week of pregnancy. After that, it was legal only if the fetus would die anyway or if continuing the pregnancy would threaten the mother’s life or health.
Effect of Supreme Court ruling: Louisiana has a trigger law that immediately outlaws abortions. There is no exception for rape or incest. The only exception is if there is substantial risk of death or impairment to the woman. Earlier this week, Gov. John Bel Edwards, a Democrat, signed a bill updating various aspects of the law and subjecting abortion providers to up to 10 years in prison and fines up to $100,000. Edwards’ office said the bill allows the use of emergency contraception “for victims of rape and incest prior to when a pregnancy can be clinically diagnosed."
Edwards signed another bill that would require the doctor to certify that a drug used for abortion was being prescribed for another medical reason. The bill makes it illegal to deliver abortion medication to a state resident “by mail-order, courier, or as a result of a sale made via the internet.”
What’s next: Louisiana’s three abortion clinics — in New Orleans, Baton Rouge and Shreveport — were no longer providing abortions to patients as of Friday and instead are recommending pregnant patients seeking the procedure to go to states where it remains legal.
Political control: Both chambers of the Maine Legislature, which has adjourned, are controlled by Democrats. Democratic Gov. Janet Mills has vowed to protect the right to an abortion, saying she will “fight with everything I have to protect reproductive rights.”
Background: A Republican governor in 1993 signed a Maine law affirming the right to abortion before a fetus is viable. After that, abortion is only allowed if the life or health of the mother is at risk, or if the pregnancy is no longer viable. In 2019, lawmakers eliminated a physician-only rule and Mills signed it into law, allowing nurse practitioners, physician assistants and other medical professionals to perform abortions.
Effect of Supreme Court ruling: Nothing will change in Maine. Any attempt to restrict abortions when lawmakers reconvene next year would face fierce pushback. Abortion providers, meanwhile, said there could be an influx of patients seeking abortions from states that outlaw the procedure.
What’s next: Any major changes are unlikely unless former Gov. Paul LePage, a Republican, unseats Mills and Republicans take control of both chambers of the Legislature in November. LePage, a Catholic who opposes abortion rights, has said it’s up to lawmakers to address the abortion issue as they see fit.
Political control: Maryland’s legislature is controlled by Democrats who expanded abortion access this year by ending a restriction that only physicians can provide them and requiring most insurance plans to cover abortion care without cost. The legislature overrode Republican Gov. Larry Hogan’s veto of the bill in April.
Background: The right to abortion is protected in Maryland law. The state approved legislation in 1991 to protect abortion rights if the Supreme Court should ever restrict access. Voters approved the right in 1992 with 62% of the vote. Maryland law prohibits restrictions on abortion prior to viability. Maryland does not have a gestational limit. After viability, clinicians make the determination, based on clinical standard of care.
Effect of Supreme Court ruling: Nothing will change immediately in Maryland law.
What’s next: Maryland’s new law that will enable nurse practitioners, nurse midwives and physician assistants to provide abortions with training is set to take effect July 1. However, $3.5 million in state funding to provide training isn’t mandated until fiscal year 2024. Hogan, who is term limited, has indicated he will not approve the money sooner. Some nurse practitioners, nurse midwives and physician assistants already have received training on medication abortion and will be able to provide those services starting next month.
Political control: The Democrats who control the Massachusetts Legislature support access to abortion, as does the state’s Republican governor, although they differ on specific policies.
Background: Massachusetts once had a contentious relationship with abortion in part due to the powerful influence of the Catholic Church, which opposes abortion. In recent years, that influence has waned and Massachusetts has become a strong supporter of abortion rights. In 2018, in anticipation of the conservative tilt on the U.S. Supreme Court, the state removed an 1845 abortion ban from its books that was not enforced. Two years later, Democratic state lawmakers clashed with Republican Gov. Charlie Baker — who says he supports abortion rights — over an effort to codify abortion rights into state law, allow abortions after 24 weeks of pregnancy in cases where the child would not survive after birth, and lower from 18 to 16 the age at which women could seek an abortion without consent from a parent or guardian. Lawmakers passed the bill — dubbed the Roe Act — over Baker’s veto.
Effect of Supreme Court ruling: Baker has vowed to fight to keep abortion legal in Massachusetts, but it is his last year in office. Both Democratic candidates for governor — state Sen. Sonia Chang-Diaz and Attorney General Maura Healey — support abortion rights. Republican candidate Geoff Diehl said he believes in “the need to protect human life wherever and whenever possible.” Fellow GOP candidate Chris Doughty said he would “not seek any changes to our state’s abortion laws.”
What’s next: There is little chance Massachusetts will restrict abortion rights. Baker signed an executive order Friday barring state agencies from assisting another state’s investigation into people or businesses for receiving or delivering reproductive health services that are legal in Massachusetts. The state also won’t cooperate with extradition requests from states pursuing criminal charges against such individuals. As of 2017, there were 47 facilities providing abortion in Massachusetts, according to the Guttmacher Institute, which supports abortion rights. With Roe v. Wade overturned, it’s unclear how many people will travel there from states that ban or restrict abortion.
Political control: Both chambers of Michigan’s legislature are controlled by Republicans who want to ban or restrict abortion access, but the state’s Democratic governor supports access.
Background: A dormant 1931 law bans nearly all abortions in Michigan but it hasn’t been enforced since Roe v. Wade. The law made it a felony to use an instrument or administer any substance with the intent to abort a fetus unless necessary to preserve the woman’s life. It has no exceptions in cases of rape and incest. Anticipating that Roe could be overturned, Planned Parenthood of Michigan filed a lawsuit challenging Michigan’s ban. A state judge suspended the law in May, saying it violates the state’s constitution. Gov. Gretchen Whitmer and Attorney General Dana Nessel, both Democrats, hailed the decision.
Effect of Supreme Court ruling: The injunction granted in the Planned Parenthood case ensures that abortion does not immediately become illegal. Planned Parenthood of Michigan and other supporters hope the injunction indicates abortion rights in the state will be preserved. But in a statement to The Associated Press, Nessel’s office said “given the ongoing lawsuits, we cannot speculate what the state of abortion rights will be in Michigan” after Roe.
What’s next: Whitmer also filed suit asking the state’s Supreme Court to declare the 91-year-old law unconstitutional. It has not acted yet. Michigan abortion rights supporters hope to put the issue on ballots this fall. Their proposed constitutional amendment would affirm the right to make pregnancy-related decisions without interference, including about abortion and other reproductive services such as birth control. The Reproductive Freedom for All committee needs to collect about 425,000 valid voter signatures by July 11 to make the November ballot. The measure would become law if voters approved it. The issue also is expected to shape statewide elections — Whitmer and Nessel are both up for reelection in the fall — and legislative races.
Political control: The Minnesota Legislature is divided; Anti-abortion Republicans control the Senate and Democrats have the House, but the majorities are slim in both chambers, so control will be up for grabs in the November elections. Most legislative Democrats support abortion rights. Democratic Gov. Tim Walz has said “no abortion ban will ever become law” while he’s governor. But he faces a challenge this year from Republican Scott Jensen, who opposes abortion rights.
Background: Abortion is legal in Minnesota up to the point of fetal viability, around the 24th week of pregnancy. The state has some restrictions, including a 24-hour waiting period with state-mandated counseling, both parents generally must be notified prior to a minor getting an abortion, and only physicians can perform abortions.
Effect of Supreme Court ruling: Nothing will change immediately in Minnesota because the state Supreme Court ruled in 1995 that the state constitution protects abortion rights. If Republicans take control of both chambers, they could put a constitutional amendment on the ballot as soon as 2024 to reverse that ruling, but it’s not clear yet if they would take that path. Minnesota governors can’t block constitutional amendments with vetoes. But amendments are hard to enact because they require the backing of most of the citizens voting in that election, not just those voting on the amendment. Leaving the ballot blank counts as a “no.”
What’s next: Providers are preparing for a surge in women coming from other states to get abortions. Sarah Stoesz, president and CEO of Planned Parenthood North Central States, said before the ruling that her organization was “fortifying” its delivery systems, including telemedicine. Dr. Sarah Traxler, the group’s medical director, has said demand in Minnesota is expected to rise by up to 25%.
Political control: Republican Gov. Tate Reeves and leaders of the Republican-controlled Mississippi Legislature have been working for years to chip away at abortion access.
Background: Mississippi already had a law banning most abortions at 20 weeks, although the state’s lone abortion clinic offered the procedure only through 16 weeks. The state tried to enact a law in 2018 to ban most abortions after 15 weeks. That law is the basis for the case that the Supreme Court has now used to overturn Roe v. Wade. A federal district judge blocked Mississippi’s 15-week law from taking effect in 2018, and an appeals court agreed. The Supreme Court agreed to take the case in 2021. Justices heard arguments in December, with the Mississippi attorney general’s office saying the court should overturn Roe v. Wade. Mississippi has one abortion clinic, and it stops offering abortions at 16 weeks. Reeves was lieutenant governor in 2018, when Mississippi tried to enact the 15-week ban, and in 2019, when the state tried to enact a six-week ban. Mississippi law does not allow providers to dispense abortion medications through telemedicine consultations.
Effect of Supreme Court ruling: Mississippi’s only abortion clinic, Jackson Women’s Health Organization, is expected to close by early July unless a judge blocks a trigger law. The clinic filed a lawsuit Monday challenging the 2007 law that bans most abortions if Roe v. Wade is overturned. That law is set to take effect July 7. Abortions still would be allowed if the woman’s life is endangered by the pregnancy or if the pregnancy was caused by a rape that was reported to law enforcement. Any person who knowingly performs or attempts to induce an abortion, except the pregnant woman, could be punished by up to 10 years in prison.
What’s next: Mississippi’s 2007 law says the state attorney general must publish a notice in a state administrative bulletin after the U.S. Supreme Court overturns Roe v. Wade. Mississippi’s ban on most abortions will take effect 10 days after that publication.
Political control: Both GOP Gov. Mike Parson and the Republican-led Legislature support laws against abortion.
Background: Missouri law previously allowed abortions up until 22 weeks of pregnancy. But a 2019 state law banned abortions “except in cases of medical emergency,” contingent upon the U.S. Supreme Court overturning its 1973 Roe v. Wade decision. Under that Missouri law, performing an illegal abortion is a felony punishable by 5 to 15 years in prison, though women receiving abortions cannot be prosecuted.
Effect of Supreme Court ruling: The 2019 law contained a provision making it effective upon notification by the attorney general, governor or Legislature that the U.S. Supreme Court had overruled Roe v. Wade. Moments after Friday’s Supreme Court decision, Attorney General Eric Schmitt and Gov. Mike Parson filed the necessary paperwork for Missouri’s law to kick in. State statutes were subsequently updated online Friday saying the abortion-ban law had taken effect.
What’s next: Some Missouri residents wanting abortions are likely to travel to neighboring states, including Illinois and Kansas. A new Illinois logistics center near St. Louis helps women from out of state find travel, lodging and childcare if they need help getting to the area for an abortion, and it connects them with funding sources. The Kansas Supreme Court in 2019 declared that access to abortion is a “fundamental” right under the state constitution. Even without the ban in Missouri, the number of Missouri patients seeking abortions in Kansas has gone up in recent years, increasing about 8% from 2020 to 2021.
Political control: The Republicans who control the Montana Legislature and Republican Gov. Greg Gianforte want to limit access to abortion.
Background: Abortion used to be legal in Montana up until viability, or about 24 weeks of pregnancy, but the state Legislature passed a bill in 2021 to reduce that to 20 weeks, arguing that is when the fetus can feel pain. That law, along with one that requires chemical abortions to be done with in-person medical supervision, are being challenged in court. A state judge temporarily blocked enforcement in October 2021 while the challenges move through the courts. The state has asked the Montana Supreme Court to vacate that injunction and overturn a 1999 Montana Supreme Court opinion that found the state’s constitutional right to privacy guarantees a woman’s access to abortion care.
Effect of Supreme Court ruling: The effect is unclear because of the unresolved legal challenges to the 2021 state legislation. Montana does not have an abortion ban that was triggered when Roe v. Wade was overturned, but the Legislature could seek to further restrict access in the next session.
What’s next: The Montana Supreme Court will issue a decision on the preliminary injunction. The Montana Legislature also passed a referendum to ask voters this November whether they support a state law to require abortion providers to give lifesaving treatment to a fetus that is born alive after a botched abortion. Opponents argue federal law already offers those protections.
Political control: Nebraska has an officially nonpartisan legislature with a Republican majority, but not a super-majority that would let the party unilaterally pass an abortion ban. Democrats appear to have enough votes to block such a bill, but just one defector could swing the vote. Nebraska’s Republican governor vehemently opposes abortion.
Background: Nebraska allows most abortions until the 22nd week of pregnancy, although a few small towns have voted to outlaw the procedure within their borders. The state requires doctors to be physically present when patients take the first of two drugs that are used in medication abortions. Lawmakers have rejected attempts to allow abortion medications to be administered remotely, which would provide easier abortion access in rural areas.
Effect of Supreme Court ruling: A ruling that lets states set their own abortion laws will trigger an immediate push by Nebraska conservatives to ban the procedure, but it’s not clear whether they could do it this year. Unlike other conservative states, Nebraska doesn’t have a trigger law that automatically outlaws abortion. Gov. Pete Ricketts and other top Republicans have said they’ll seek a special legislative session, but it’s not clear whether they have enough votes to pass anything.
What’s next: If Ricketts calls a special session, attention will likely shift to state Sen. Justin Wayne, an Omaha Democrat who has declined to specify where he stands on abortion. Wayne was notably absent from a vote on the issue this year; his support would give Republicans the super-majority they need to enact a ban. He has struck deals with senators from both parties in the past. If a proposed abortion ban fails during a special session or if no special session is called, the issue will likely become a factor in the November election.
Political control: Nevada’s governor and state attorney general are Democrats who are up for reelection this year. Democrats control the state Senate and Assembly.
Background: Nevada voters enshrined the right to abortion in the state constitution in 1990. The law says a pregnancy can be terminated during the first 24 weeks, and after that to preserve the life or health of the pregnant person. It would take another statewide vote to change or repeal the law. Most Republican candidates for Congress, governor, state attorney general and other statewide posts say they oppose abortions.
Effect of Supreme Court ruling: “Here in Nevada, overturning Roe would not be felt immediately,” state Attorney General Aaron Ford said in a position paper released after the draft U.S. Supreme Court opinion became public. Ford noted that a federal ban on abortion would supersede state law and said it would be naive not to recognize that some people want to ban abortions or make them more difficult to obtain. But he said his office will fight “attacks on abortion rights, rights to birth control access and rights for LGTBQ people.” Gov. Steve Sisolak promised in a statement to “continue to protect reproductive freedom.”
What’s next: Anti-abortion advocates are not expected to focus on trying to repeal Nevada’s abortion law. But they will seek laws affecting waiting periods, mandatory counseling or requiring parental notification or consent. Melissa Clement, executive director of Nevada Right to Life, said she believes there is strong support for parental involvement.
Political control: New Hampshire has a Republican governor and the GOP controls the 424-member Legislature. All face reelection this fall.
Background: Any abortion restrictions New Hampshire had on the books before Roe v. Wade were not enforced after the landmark 1973 ruling, and they were repealed altogether in 1997. The state had no restrictions until January, when a ban on abortion after 24 weeks of pregnancy was enacted. In June, an exemption was added for cases in which the fetus has been diagnosed with “abnormalities incompatible with life.” Anticipating the Supreme Court action, Democrats this year tried unsuccessfully to enshrine abortion rights into state law and the state constitution. Gov. Chris Sununu calls himself pro-choice and says he is committed to upholding Roe v. Wade, but he also has boasted “I’ve done more on the pro-life issue than anyone.”
Effect of Supreme Court ruling: Nothing will change immediately in New Hampshire. The Legislature won’t return until fall, when there will be a one-day session to take up vetoed bills, and it would take a two-thirds majority vote to introduce new legislation then.
What’s next: The majority leader of the New Hampshire House has said the public should not expect Republicans in the Legislature to further tighten state abortion laws. But anti-abortion lawmakers who have filed bills in the past are expected to try again.
Political control: Democrats control both houses of the state Legislature and the governorship. Gov. Phil Murphy started his second consecutive term this year.
Background: Murphy ran for reelection on the promise that he would sign legislation to enshrine abortion rights into state law, and he fulfilled that promise in January. The measure also guaranteed the right to contraception and the right to carry a pregnancy to term. It stopped short of requiring insurance coverage for abortions, something advocates had sought. Instead, it authorizes the state Banking and Insurance Department to study the issue and possibly adopt regulations if a need is discovered. Under Murphy’s predecessor, Republican Chris Christie, state funds to women’s clinics, including Planned Parenthood, were slashed. Murphy restored those and has been a strong supporter of abortion rights. New Jersey doesn’t have any significant restrictions on abortion, such as parental consent or a mandatory waiting period.
Effect of Supreme Court ruling: Officials, including the governor, have said the end of Roe would not lead to any rollback of abortion services in the state. “Instead of hoping for the best, we prepared ourselves for the worst,” Murphy said in May, addressing reports of a leaked draft of a Supreme Court ruling.
What’s next: Murphy has proposed several abortion-related measures. On the Monday after the ruling, the Legislature began considering a pair of bills to expand abortion rights. One would allow the state to block extradition of someone facing a criminal charge in another state related to reproductive services obtained legally in New Jersey. Another clarifies that out-of-state residents may access abortion services in New Jersey, as well as allowing those facing liability judgments stemming from abortion services to countersue.
Political control: The Democrats who control the New Mexico Legislature support access to abortion, as does the state’s Democratic governor. Several conservative Democratic state senators who voted against the repeal of the abortion ban in 2019 were ousted from office in 2020 by more socially progressive primary challengers.
Background: In 2021, state lawmakers repealed a dormant 1969 statute that outlawed most abortion procedures as felonies, thus ensuring access to abortion even after the federal court rolled back guarantees. Albuquerque is home to one of only a few independent clinics in the country that perform abortions in the third trimester without conditions. An abortion clinic in Santa Teresa, New Mexico, is just a mile from the state line with Texas and caters to patients from El Paso, western Texas and Arizona.
Effect of Supreme Court ruling: There will be no immediate change in New Mexico now that the high court has overturned Roe v. Wade. It is unclear if Democrats, who control the state Legislature, will pursue additional guarantees to abortion access when lawmakers convene in January. Possible avenues of legislative reform include enshrining abortion rights in the state constitution, which requires approval by voters. Abortion rights activists say the state’s equal rights amendment could be harnessed to guide more public funding for abortion-related programs. Raúl Torrez, the district attorney in Albuquerque and the Democratic nominee for attorney general, is urging lawmakers to take further steps to protect access to abortions, including protections for women coming from other states. The state Republican Party said it’s time to elect more anti-abortion candidates to the Legislature.
What’s next: The state can expect to continue to see a steady influx of people seeking abortions from neighboring states with more restrictive abortion laws. It already hosts patients from Texas and Oklahoma where among the strictest abortion bans in the country were introduced this year.
Political control: The Democrats who control the New York Legislature support access to abortion, as does the state’s Democratic governor.
Background: Abortion has been legal in New York state since a 1970 law was passed by the Republican-controlled Legislature and signed by Republican Gov. Nelson A. Rockefeller. The law allows abortions within the first 24 weeks of pregnancy or to preserve the mother’s life. The 2019 Reproductive Health Act removed abortion from the state’s criminal code, co