Abortion legal guidelines by state: The place abortions are unlawful after Roe v. Wade overturned

Nelita Collins

Following the Supreme Court docket’s determination overturning Roe v. Wade, abortion coverage is now set on the state degree. Abortion is now unlawful, quickly to be unlawful or doubtlessly unlawful in 16 states.

Alabama


Doubtlessly unlawful

State may attempt to implement its pre-Roe regulation banning all abortions besides to avoid wasting the lifetime of the pregnant individual; near-total ban on abortion enjoined however may very well be reinstated

The state could attempt to implement its pre-Roe regulation, which was decided to be unconstitutional. The regulation prohibits all abortions except vital to avoid wasting the lifetime of the pregnant individual. The state has additionally enacted a near-total ban on abortion that has been enjoined, although that might change pending courtroom motion. That regulation accommodates an exception within the occasion of “severe well being threat” to the pregnant individual.

Alaska


Authorized

Abortion allowed all through being pregnant

Abortions are allowed all through being pregnant, although that coverage will not be particularly protected by state regulation. The state Supreme Court docket has acknowledged a proper to abortion underneath the state Structure.

Arizona


Authorized for now

Abortion authorized till viability, for now; the state’s pre-Roe regulation is enjoined however the state may both attempt to implement it or ask a courtroom to permit it to implement it; a 15-week ban will go into impact no later than Sept. 29

Abortions are, for now, authorized till viability.

The state’s pre-Roe regulation, which prohibits all abortions besides to avoid wasting the lifetime of the pregnant individual, was discovered unconstitutional by the Arizona Court docket of Appeals in 1973 and subsequently enjoined by a superior courtroom choose. Proponents have, nonetheless, argued the regulation may nonetheless be enforced.

Moreover, a brand new state regulation prohibiting abortions greater than 15 weeks after the pregnant individual’s final menstrual interval will take impact 91 days after Arizona’s legislative session ends. If the session doesn’t finish early and the regulation will not be blocked by the courts, the 15-week regulation will take impact Sept. 29. The regulation accommodates an exception to avoid wasting the lifetime of the pregnant individual.

Whereas the 15-week invoice accommodates a provision saying it doesn’t repeal the state’s pre-Roe regulation, Republican Gov. Doug Ducey has argued the brand new regulation supercedes the previous one.

Arkansas


Quickly to be unlawful

Abortion unlawful besides to avoid wasting the lifetime of the pregnant individual as quickly because the legal professional basic certifies the Supreme Court docket has overturned Roe

Practically all abortions shall be unlawful as quickly because the legal professional basic certifies that the U.S. Supreme Court docket has overturned Roe, which Republican Lawyer Normal Leslie Rutledge has mentioned she is going to do instantly. The state’s set off regulation prevents all abortions besides to avoid wasting the lifetime of the pregnant individual.

The state additionally has a pre-Roe regulation that has been enjoined to the extent it bars physicians from performing abortions and a near-total abortion ban, which has additionally been enjoined, which it may attempt to implement.

California


Authorized

Abortions authorized till viability

Abortions are authorized till viability. The state Supreme Court docket has acknowledged a proper to abortion underneath the state Structure, and state regulation additionally protects abortion entry.

Colorado


Authorized

Abortion authorized all through being pregnant

Abortions are authorized all through being pregnant. State regulation protects abortion entry.

Connecticut


Authorized

Abortion authorized till viability

Abortions are authorized till viability. State regulation protects abortion entry.

Delaware


Authorized

Abortion authorized till viability

Abortions are authorized till viability. State regulation protects abortion entry.

District of Columbia


Authorized

Abortion authorized all through being pregnant

Abortions are authorized all through being pregnant. District code protects abortion entry.

Florida


Authorized

Abortion authorized till viability; 15-week ban slated to take impact July 1

Abortions are authorized till viability, and the state Supreme Court docket has acknowledged a proper to abortion underneath the state Structure. The legislature has, nonetheless, handed a invoice prohibiting abortions 15 weeks after the pregnant individual’s final menstrual interval, which takes impact July 1. A lawsuit is at the moment difficult the brand new regulation, and the state Supreme Court docket, which has grown extra conservative, may uphold it.

The 15-week regulation accommodates an exception to avoid wasting the lifetime of the pregnant individual.

Georgia


Authorized for now

Abortion authorized till 20 weeks after fertilization; courtroom may carry injunction on six-week ban

Abortions are, for now, authorized till 20 weeks after fertilization.

A state regulation banning abortions after six weeks has been enjoined in a call at the moment pending on enchantment within the eleventh Circuit Court docket of Appeals.

The eleventh Circuit issued a keep of the enchantment pending a ruling on the Dobbs case, that means a call may now come at any time. If the courtroom upholds the regulation, it would probably be a number of weeks earlier than the injunction is formally lifted and the six-week regulation takes impact.

Georgia’s six-week regulation accommodates exceptions for rape, incest, to avoid wasting the lifetime of the pregnant individual and within the case of deadly fetal anomaly.

Hawaii


Authorized

Abortions authorized till viability

Abortions are authorized till viability. State regulation protects abortion entry.

Idaho


Quickly to be unlawful

Abortion briefly authorized till viability; all abortions, besides in instances of rape, incest, and to avoid wasting the lifetime of the pregnant individual, unlawful 30 days after the U.S. Supreme Court docket overturns Roe

Abortions are, briefly, authorized till viability.

The state has a set off regulation that can prohibit practically all abortions 30 days after the U.S. Supreme Court docket overturns Roe. The regulation accommodates exceptions for rape, incest and to avoid wasting the lifetime of the pregnant individual.

The state has additionally banned abortions after six weeks of being pregnant — with exceptions for rape, incest and to avoid wasting the lifetime of a pregnant individual — enforced by a non-public proper of motion. The regulation has been enjoined, however may go into impact earlier than the overall ban kicks in pending courtroom motion.

Illinois


Authorized

Abortion authorized till viability

Abortions are authorized till viability. The state Supreme Court docket has acknowledged a proper to abortion underneath the state Structure. State regulation additionally protects abortion entry.

Indiana


Authorized

Abortion authorized till 20 weeks after fertilization

Abortions are authorized till 20 weeks after fertilization. The state Supreme Court docket has not acknowledged a proper to abortion underneath the state Structure, and state regulation doesn’t defend abortion entry. A bunch of 100 Republican lawmakers has petitioned Republican Gov. Eric Holcomb to name them into particular session when Roe is overturned to handle abortion.

Iowa


Authorized

Abortion authorized till 20 weeks after fertilization

Abortions are authorized till 20 weeks after fertilization. The state Supreme Court docket has acknowledged a proper to abortion underneath the state Structure.

Kansas


Authorized

Abortion authorized till 22 weeks after the pregnant individual’s final menstrual interval

Abortions are authorized till 22 weeks after the pregnant individual’s final menstrual interval. The state Supreme Court docket has acknowledged a proper to abortion underneath the state Structure, although Kansas voters in August will vote on whether or not to amend the Structure to state there isn’t a proper to abortion.

Kentucky


Unlawful

All abortions besides to avoid wasting the lifetime of the pregnant individual are unlawful

Abortions are actually unlawful, besides if vital to avoid wasting the lifetime of the pregnant individual.

The state’s set off regulation prohibits all abortions instantly after the U.S. Supreme Court docket overturns Roe.

Louisiana


Unlawful

All abortions besides to avoid wasting the lifetime of the pregnant individual are unlawful

Abortions are actually unlawful, besides if vital to avoid wasting the lifetime of the pregnant individual.

The state’s set off regulation prohibits all abortions instantly after the U.S. Supreme Court docket overturns Roe.

Maine


Authorized

Abortion authorized till viability

Abortions are authorized till viability. State regulation protects abortion entry.

Maryland


Authorized

Abortion authorized till viability

Abortions are authorized till viability. State regulation protects abortion entry.

Massachusetts


Authorized

Abortion authorized till 24 weeks

Abortions are authorized till 24 weeks. The state Supreme Court docket has acknowledged a proper to abortion underneath the state Structure. State regulation additionally protects abortion entry.

Michigan


Authorized for now

Abortion authorized till viability for now; pre-Roe regulation banning all abortions besides to avoid wasting the lifetime of the pregnant individual may very well be reinstated by the courts

Abortions are, for now, authorized till viability.

The state has a pre-Roe regulation that has been preliminarily enjoined, that means the regulation is briefly blocked whereas a case towards it proceeds, however may very well be reinstated pending courtroom motion. Beneath the pre-Roe regulation, abortions are prohibited besides to avoid wasting the lifetime of the pregnant individual.

Minnesota


Authorized

Abortion authorized till viability

Abortions are authorized till viability. The state Supreme Court docket has acknowledged a proper to abortion underneath the state Structure.

Mississippi


Quickly to be unlawful

Abortion briefly authorized till 20 weeks of possible gestational age; all abortions unlawful 10 days after the legal professional basic certifies that the Supreme Court docket has overturned Roe

Abortions are, briefly, authorized till 20 weeks of possible gestational age.

The state has a set off regulation prohibiting all abortions 10 days after the legal professional basic certifies that the U.S. Supreme Court docket has overturned Roe. The regulation accommodates exceptions in instances of rape or to avoid wasting the lifetime of the pregnant individual.

The state additionally has a pre-Roe regulation, parts of which have been discovered unconstitutional, that it may attempt to implement or may take to courtroom to ask to have the ability to implement. The pre-Roe regulation additionally accommodates exceptions in instances of rape or to avoid wasting the lifetime of the pregnant individual.

Missouri


Quickly to be unlawful

Abortion unlawful as governor, legal professional basic or legislature certifies the Supreme Court docket has overturned Roe

Abortion shall be unlawful as quickly as quickly because the legal professional basic authors an opinion, the governor points a proclamation or the overall meeting adopts a concurrent decision notifying the state revisor of statutes that the U.S. Supreme Court docket has overturned Roe.

The precise timing is unclear, although Republican Lawyer Normal Eric Schmitt has promised to “instantly” creator an opinion. Republican Gov. Mike Parson has additionally mentioned he’s ready to signal the required proclamation.

The state’s set off regulation accommodates an exception to avoid wasting the lifetime of the pregnant individual.

Montana


Authorized

Abortion authorized till viability

Abortions are authorized till viability. The state Supreme Court docket has acknowledged a proper to abortion underneath the state Structure.

Nebraska


Authorized

Abortion authorized till 20 weeks after fertilization

Abortions are authorized till 20 weeks after fertilization. The state Supreme Court docket has not acknowledged a proper to abortion underneath the state Structure, and there are not any state legal guidelines defending abortion entry.

Nevada


Authorized

Abortion authorized till 24 weeks after fertilization

Abortions are authorized till 24 weeks after fertilization. State regulation protects abortion entry and was accredited in a referendum by voters, that means it can’t be modified with out one other vote of the individuals.

New Hampshire


Authorized

Abortion authorized till 24 weeks after a pregnant individual’s final menstrual interval

Abortions are authorized till 24 weeks after the pregnant individual’s final menstrual interval. The state Supreme Court docket has not acknowledged a proper to abortion underneath the state Structure, and there are not any state legal guidelines defending abortion entry.

New Jersey


Authorized

Abortion authorized all through being pregnant

Abortions are authorized all through being pregnant. The state Supreme Court docket has acknowledged a proper to abortion underneath the state Structure. State regulation additionally protects abortion entry.

New Mexico


Authorized

Abortion authorized all through being pregnant

Abortions are allowed all through being pregnant, although that coverage will not be legally protected. The state Supreme Court docket has not acknowledged a proper to abortion underneath the state Structure, although it has used the state’s Equal Rights Modification to strike down restrictions on Medicaid abortion protection.

New York


Authorized

Abortion authorized till 24 weeks after fertilization

Abortions are authorized till 24 weeks after fertilization. State regulation protects abortion entry.

North Carolina


Authorized for now

Abortion authorized till viability for now, pending courtroom motion

Abortions are, for now, authorized till viability. North Carolina has a number of legal guidelines on the books coping with abortion, together with a 20-week regulation that has been enjoined by the courts, and a pre-Roe regulation that is not in impact as a result of it was modified by one other regulation after Roe was determined. Court docket motion may alter which of the state’s legal guidelines are allowed to be enforced and would probably take weeks or months.

North Dakota


Quickly to be unlawful

Abortion unlawful as quickly because the legal professional basic certifies the Supreme Court docket has overturned Roe

Abortion shall be unlawful as quickly because the legal professional basic certifies to the legislative council that the U.S. Supreme Court docket has overturned Roe. Previous to the discharge of the choice, North Dakota Lawyer Normal Drew Wrigley mentioned in a press release that his workplace was “nonetheless learning its position within the potential implementation of the set off regulation.”

The set off regulation prohibits all abortions besides in instances of rape, incest or to avoid wasting the lifetime of the pregnant individual.

Ohio


Authorized for now

Abortion authorized till 20 weeks after fertilization for now; six-week ban may very well be reinstated by the courts

Abortions are, for now, authorized till 20 weeks put up fertilization. A state regulation banning abortion six weeks after the pregnant individual’s final menstrual interval has been preliminarily enjoined, although Republican Lawyer Normal David Yost has mentioned he anticipates submitting a movement to carry the keep if Roe is overturned, a transfer supported by Republican Gov. Mike DeWine. The regulation prohibits abortions besides to avoid wasting the lifetime of the pregnant individual.

Oklahoma


Unlawful

Abortion already banned; will turn into unlawful as quickly because the legal professional basic certifies the Supreme Court docket has overturned Roe

Abortion has been civilly banned in Oklahoma since Might, besides in instances of rape, sexual assault and incest or if vital to avoid wasting the lifetime of the pregnant individual. The regulation is enforced by a non-public proper of motion.

Abortion will now even be unlawful underneath the state’s set off regulation as quickly because the legal professional basic certifies that the U.S. Supreme Court docket has overturned Roe. The regulation directs the state to implement its present, however unenforced, pre-Roe ban. The regulation accommodates an exception to avoid wasting the lifetime of the pregnant individual.

Oregon


Authorized

Abortion authorized all through being pregnant

Abortions are authorized all through being pregnant. State regulation protects abortion entry.

Pennsylvania


Authorized

Abortion authorized till 24 weeks after the pregnant individual’s final menstrual interval

Abortions are authorized till 24 weeks after the pregnant individual’s final menstrual interval. The state Supreme Court docket has not acknowledged a proper to abortion underneath the state Structure, and there are not any state legal guidelines defending abortion entry.

Rhode Island


Authorized

Abortion authorized till viability

Abortions are authorized till viability. State regulation protects abortion entry.

South Carolina


Authorized for now

Abortion authorized till 20 weks after fertilization for now; six-week ban may very well be reinstated

Abortions are, for now, authorized till 20 weeks after fertilization. A state regulation banning abortion after six weeks has been enjoined. The case, nonetheless, stays open, and courtroom motion may take away that injunction, although that might nonetheless take weeks or months. The regulation accommodates exceptions in instances of rape, incest, to avoid wasting the lifetime of the pregnant individual and within the case of a deadly fetal anomaly.

South Dakota


Unlawful

Abortion unlawful besides to avoid wasting the lifetime of the pregnant individual

Abortions are actually unlawful, besides to avoid wasting the lifetime of the pregnant individual.

The state’s set off regulation prohibits all abortions instantly upon the discharge of the U.S. Supreme Court docket’s determination overturning Roe.

Tennessee


Quickly to be unlawful

Abortion briefly authorized till viability; abortion unlawful 30 days after the Supreme Court docket overturns Roe

Abortions are, briefly, authorized till viability.

The state has a set off regulation that can prohibit practically all abortions 30 days after the U.S. Supreme Court docket overturns Roe. The regulation accommodates an exception to avoid wasting the lifetime of the pregnant individual.

Texas


Unlawful

Abortion already banned after six weeks: unlawful besides to avoid wasting the lifetime of the pregnant individual 30 days after the Supreme Court docket overturns Roe

Abortion has been civilly banned after six weeks of being pregnant, besides to avoid wasting the lifetime of the pregnant individual, since September. The regulation is enforced by a non-public proper of motion.

The state has a set off regulation that can prohibit practically all abortions 30 days after the U.S. Supreme Court docket overturns Roe. The regulation accommodates an exception to avoid wasting the lifetime of the pregnant individual.

Utah


Quickly to be unlawful

Abortion unlawful as quickly because the legislative counsel certifies the Supreme Court docket has overturned Roe

Abortion shall be unlawful in virtually all instances underneath the state’s set off regulation as quickly because the state’s legislative basic counsel certifies to the state Legislative Administration Committee that the U.S. Supreme Court docket has overturned Roe. The regulation accommodates exceptions for rape, incest, to avoid wasting the lifetime of the pregnant individual and in instances of deadly fetal anomaly or extreme mind abnormality.

Vermont


Authorized

Abortion authorized all through being pregnant

Abortions are authorized all through being pregnant. State regulation protects abortion entry.

Virginia


Authorized

Abortion authorized till third trimester

Abortions are authorized till the third trimester. The state Supreme Court docket has not acknowledged a proper to abortion underneath the state Structure, and there are not any state legal guidelines defending abortion entry.

Washington


Authorized

Abortion authorized till viability

Abortions are authorized till viability. State regulation protects abortion entry.

West Virginia


Doubtlessly unlawful

State may attempt to implement its pre-Roe regulation, banning all abortions besides to avoid wasting the lifetime of the pregnant individual

The state could attempt to implement its pre-Roe regulation, which was discovered unconstitutional by the 4th Circuit Court docket of Appeals in 1975. Proponents and opponents of abortion rights disagree whether or not it may possibly take impact with out courtroom motion. The pre-Roe regulation bans all abortions besides to avoid wasting the lifetime of the pregnant individual.

Wisconsin


Doubtlessly unlawful

State’s pre-Roe regulation, banning all abortions besides to avoid wasting the lifetime of the pregnant individual, is probably going in impact

Proponents and opponents of abortion rights consider the state’s pre-Roe regulation, which was decided in a state Supreme Court docket ruling in 1994 to solely apply to feticide, probably is now in impact because it has not been blocked by the courts. Democratic Lawyer Normal Josh Kaul has, nonetheless, mentioned he is not going to implement it, and has urged native prosecutors to do the identical. The pre-Roe regulation bans all abortions besides to avoid wasting the lifetime of the pregnanet individual.

Wyoming


Quickly to be unlawful

Abortion briefly authorized till viability; unlawful 5 days after overview of the Supreme Court docket determination overturning Roe by the governor, legal professional basic and secretary of state is full

Abortions are, briefly, authorized till viability.

The state’s set off regulation will prohibit practically all abortions shortly after the U.S. Supreme Court docket overturns Roe. Beneath the set off regulation, the legal professional basic should overview the Supreme Court docket’s determination and ship a report back to the governor inside 30 days. The governor could then certify the outcomes of the overview to the secretary of state’s workplace, at which level the secretary of state’s workplace should instantly publish the regulation’s efficient date, which shall be 5 days after receipt of certification from the governor.

A spokesperson for Gov. Mark Gordon instructed POLITICO the regulation “is obvious about course of” and that the governor “will adhere to it.”

The regulation accommodates exceptions in instances of rape, incest and to protect the lifetime of the pregnant individual.

Supply: POLITICO evaluation of state legal guidelines, interviews with proponents and opponents of abortion rights
Megan Messerly / POLITICO

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