Tracking Where Abortion Is Now Banned
Abortion is now banned in at least nine states, with trigger bans in several more set to take effect in the coming days. Laws in eight states took effect on Friday after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. Oklahoma passed a law in May prohibiting nearly all abortions.
Legal status of abortion without Roe
The New York Times is tracking abortion laws in each state following the court’s decision. About half of states are expected to allow bans or other limits on the procedure to take effect. In other states, the status of abortion isn’t settled. Courts must determine the fate of existing restrictions that were unenforceable under Roe. And legislators in several states are planning special sessions to propose new laws to halt abortion access.
Prohibited
9 states; 7.2 million women of reproductive age
Likely to be prohibited or restricted
12 states; 19.4 million women of reproductive age
Uncertain
9 states; 11.0 million women of reproductive age
Where abortion is already prohibited or is likely to be banned or restricted
These states have trigger laws that have already or will soon ban abortion following the Supreme Court’s decision; have moved in recent months to restrict abortion in anticipation of the court’s decision; or have existing bans that were temporarily blocked by a judge but could now be enforced.
State |
Legal status of abortion |
When in effect When in effect |
Why |
---|---|---|---|
Alabama
Gov.
Sen.
House
|
Prohibited
|
Now
|
The state has a law from before Roe that bans nearly all abortions. A judge blocked a more recent total ban on the procedure, with no exceptions for rape or incest, but abortion opponents are likely to seek its enforcement now that Roe has been overturned.
|
Arkansas
|
Prohibited
|
Now
|
Abortion is banned with no exceptions for rape or incest.
|
Kentucky
|
Prohibited
|
Now
|
Abortion is banned with no exceptions for rape or incest.
|
Louisiana
|
Prohibited
|
Now
|
Abortion is banned with no exceptions for rape or incest.
|
Missouri
|
Prohibited
|
Now
|
Abortion is banned with no exceptions for rape or incest.
|
Oklahoma
|
Prohibited
|
Now
|
The state prohibited abortion at the point of fertilization in May, with exceptions for rape and incest. The law relies on civilian enforcement.
|
South Dakota
|
Prohibited
|
Now
|
Abortion is banned with no exceptions for rape or incest.
|
Utah
|
Prohibited
|
Now
|
Abortion is banned with exceptions for rape, incest and to save the life of the woman.
|
Wisconsin
|
Prohibited
|
Now
|
The state has a law from before Roe that bans nearly all abortions and makes performing them a felony. The Democratic governor and attorney general have said they will not enforce the ban.
|
Idaho
|
Prohibited
|
Soon
|
A trigger law banning nearly all abortions takes effect 30 days after the Supreme Court’s decision.
|
Mississippi
|
Prohibited
|
Soon
|
A trigger law banning nearly all abortions takes effect within days. A 15-week ban is now in effect.
|
North Dakota
|
Prohibited
|
Soon
|
A trigger law banning nearly all abortions takes effect 30 days after the Supreme Court’s decision.
|
Tennessee
|
Prohibited
|
Soon
|
A trigger law banning nearly all abortions, with no exceptions for rape or incest, takes effect 30 days from the Supreme Court’s decision. The state attorney general has filed an emergency motion to ban abortion in Tennessee immediately.
|
Texas
|
Prohibited
|
Soon
|
A trigger law banning nearly all abortions, with no exceptions for rape or incest, takes effect 30 days from the Supreme Court’s decision. A six-week ban is currently in effect.
|
West Virginia
|
Prohibited
|
Soon
|
Voters approved an amendment to the state’s Constitution that denies any right to an abortion. Lawmakers may use the amendment to enact a total ban.
|
Wyoming
|
Prohibited
|
Soon
|
A trigger law banning nearly all abortions takes effect within days of the Supreme Court’s decision.
|
Ohio
|
Prohibited or restricted
|
Now
|
Abortion is banned after six weeks of pregnancy, after a judge allowed an older law to go into effect.
|
Arizona
|
Prohibited or restricted
|
Weeks or months
|
The state enacted an abortion ban after 15 weeks, with no exceptions for rape or incest, which takes effect in September. Arizona has an inactive ban from before 1973, but the governor has said the 15-week ban will take precedence.
|
Florida
|
Prohibited or restricted
|
Weeks or months
|
The state enacted an abortion ban after 15 weeks of pregnancy, which will go into effect on July 1. The state’s high court recognized the right to an abortion in its Constitution three decades ago, but the court has become more conservative, with three of the seven judges appointed by the Republican governor.
|
Georgia
|
Prohibited or restricted
|
Weeks or months
|
The state enacted a ban on abortion after six weeks of pregnancy, but a court blocked it. The state filed an appeal and a court stayed the case pending the Supreme Court’s decision on Dobbs.
|
South Carolina
|
Prohibited or restricted
|
Weeks or months
|
The state enacted a ban on abortion after six weeks of pregnancy, but a court blocked it. The state filed an appeal and a court stayed the case pending the Supreme Court’s decision on Dobbs.
|
Where abortion restrictions are uncertain
Lawmakers in these states have signaled an interest in restricting abortion. In some, the governor or a state constitutional amendment may protect abortion rights in the short term. In others, pre-Roe laws that prohibited abortion before the 1973 decision could be enforced again.
State |
Legal status of abortion |
Current limit |
Why |
---|---|---|---|
Indiana
Gov.
Sen.
House
|
Uncertain
|
22 weeks
|
The governor may call a special session of the state legislature to consider new laws restricting abortion. A majority of lawmakers signed a letter in March asking him to do so if Roe were overturned.
|
Iowa
|
Uncertain
|
22 weeks
|
In June, the state’s high court overruled a 2018 decision that said the right to an abortion was protected under the State Constitution. The state previously enacted a ban on abortion after six weeks, which was permanently blocked by a judge, but abortion opponents are likely to seek its enforcement.
|
Kansas
|
Uncertain
|
22 weeks
|
The state’s high court ruled that a pregnant woman’s right to personal autonomy is protected in its Constitution. Kansans will decide in August whether its Constitution should be amended to say it contains no right to an abortion.
|
Michigan
|
Uncertain
|
Viability
|
The state has a law from before Roe that would ban nearly all abortions, but it has been blocked in state court. The Democratic governor and attorney general have also said they will not enforce the ban.
|
Montana
|
Uncertain
|
Viability
|
The state has a ban after 20 weeks of pregnancy, which is not in effect, but abortion opponents are likely to seek its enforcement. The state’s high court ruled that its Constitution protects the right to an abortion.
|
Nebraska
|
Uncertain
|
22 weeks
|
A bill to enact a trigger ban failed in the Legislature this year. The governor is expected to call a special session to pass a total ban on abortion.
|
North Carolina
|
Uncertain
|
Viability
|
The state has an abortion ban enacted before Roe, but it was modified in 1973 to bar the procedure after 20 weeks of pregnancy. The 20-week ban is not in effect, but abortion opponents may seek its enforcement.
|
Pennsylvania
|
Uncertain
|
24 weeks
|
Abortion is not protected by state law. Republicans currently control the state legislature, but the current Democratic governor has vetoed anti-abortion restrictions.
|
Virginia
|
Uncertain
|
Viability
|
Abortion will most likely stay accessible, though it is not expressly protected by state law. Split control of the state legislature may prevent significant changes until the next election in 2023.
|
Where abortion is likely to remain protected
These states are expected to maintain the right to an abortion, and many are working to expand access to the procedure by requiring insurance to pay for it and increasing the number of abortion providers.
State |
Legal status of abortion |
Current limit |
Why |
---|---|---|---|
Alaska
Gov.
Sen.
House
|
Legal
|
No gestational limit
|
The state’s high court has recognized a right to “reproductive choice” under its Constitution.
|
Colorado
|
Legal
|
No gestational limit
|
State law protects abortion.
|
Illinois
|
Legal
|
Viability
|
The state’s high court has recognized abortion protections under its Constitution, and state law protects the procedure.
|
Maine
|
Legal
|
Viability
|
State law protects abortion.
|
Massachusetts
|
Legal
|
24 weeks
|
The state’s high court has recognized the right to abortion under its Constitution. Recently enacted laws protect abortion and expand access.
|
Minnesota
|
Legal
|
Viability
|
The state’s high court has recognized the right to abortion under its Constitution.
|
Nevada
|
Legal
|
Viability
|
State law protects abortion. The law was affirmed by voters and can only be changed by a voter referendum.
|
New Hampshire
|
Legal
|
24 weeks
|
Abortion will most likely stay accessible, though it is not expressly protected by state law. The state repealed a pre-Roe ban on abortion in 1997.
|
New Mexico
|
Legal
|
No gestational limit
|
Abortion will most likely stay accessible, though it is not expressly protected by state law. State courts have not determined whether New Mexico’s Constitution protects abortion rights.
|
Rhode Island
|
Legal
|
Viability
|
State law protects abortion.
|
California
|
Viability
|
State law protects abortion, and lawmakers have introduced bills to make the state a “sanctuary” for those seeking the procedure.
|
|
Connecticut
|
Viability
|
State law protects abortion. A new law expands access to providers and shields both providers and patients from out-of-state lawsuits.
|
|
D.C.
|
No gestational limit
|
Local law protects abortion throughout pregnancy. The city plans to bolster protections, though Congress ultimately oversees the city’s laws.
|
|
Delaware
|
Viability
|
State law protects abortion, and a new law expands access to providers.
|
|
Hawaii
|
Viability
|
State law protects abortion, and a new law expands access to providers.
|
|
Maryland
|
Viability
|
State law protects abortion, and new laws increase access to providers and insurance coverage.
|
|
New Jersey
|
No gestational limit
|
State law protects abortion throughout pregnancy, and the governor has proposed making the state a “sanctuary” for those seeking the procedure.
|
|
New York
|
Viability
|
State law protects abortion. Legislators have proposed other protections, including an amendment to the State Constitution.
|
|
Oregon
|
No gestational limit
|
State law protects abortion throughout pregnancy, and the Legislature approved $15 million to support those seeking the procedure.
|
|
Vermont
|
No gestational limit
|
State law protects abortion throughout pregnancy. In November, voters will decide if the State Constitution should include abortion protection.
|
|
Washington
|
Viability
|
State law protects abortion, and recent laws expand access to providers.
|