All 50 states have experienced upheaval in the wake of Dobbs v. Jackson Women’s Health Organization, which was decided by the Supreme Court on June 24, 2022.
After the overturning of Roe v. Wade, each state has acted in some capacity to address abortion policy, and the legal battles for many states are still ongoing. Here is the latest information on the status of abortion in the United States on the one-year anniversary of the Dobbs ruling.
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Alabama – Alabama approved a constitutional amendment saying that there is no inherent right to an abortion in 2018, which took effect as a total abortion ban upon the overturning of Roe in 2022. Abortions are illegal in Alabama unless deemed medically necessary. A new bill was introduced in May that would criminalize abortion as murder.
Alaska – There are no gestational age limits to abortion in Alaska, and the state Supreme Court has recognized abortion rights under the state constitution. A patient attempting to obtain an abortion in Alaska must have lived in the state for at least 30 days.
Arizona – Except to save the life of the mother, abortion is illegal after 15 weeks gestation in Arizona. In December 2022, the courts ruled that abortion providers cannot be prosecuted under archaic laws enacted before Arizona was granted statehood.
Arkansas – Abortion was made illegal with the exception of saving the mother’s life in Arkansas by a “trigger ban” enacted in 2019 — that is, a law written to take effect in the event the Supreme Court overturned Roe. In March 2023, attempts to pass exceptions for fetal anomalies failed in the Committee on Public Health, Welfare, and Labor after much-heated debate.
California – Abortion up until viability at approximately 24 weeks is protected by a constitutional amendment in California that was passed by ballot initiative in November 2022. The amendment recognizes the “fundamental right to choose to have an abortion and their fundamental right to choose or refuse contraceptives.”
Colorado – There are no gestational age limits for abortion in Colorado. Before the Dobbs decision, Gov. Jared Polis (D) signed the Reproductive Health Equity Act in April 2022, which grants each person rights to contraceptive and abortion decisions. The legislation also stipulates that “a fertilized egg, embryo, or fetus does not have independent rights under the laws of the state.”
Connecticut – Abortion in Connecticut is legal until viability at approximately 24 weeks’ gestation. As in many other states, the abortion debate played a key role in the gubernatorial race in 2022.
Delaware – Delaware allows abortions up until the point of viability, which is typically defined at approximately 24 weeks of pregnancy unless the mother’s life is at risk or in the case of fatal fetal anomaly. In July 2022, the General Assembly passed legislation that sealed the health records of out-of-state residents who sought an abortion in Delaware.
District of Columbia – There are no legal gestational age limits to abortion in Washington, and district codes protect abortion access. The procedure does not need to be performed by a licensed physician, nor are there any limitations on late-term abortions.
Florida – Presidential hopeful and Gov. Ron DeSantis (R) signed a 6-week abortion ban in April, which is currently suspended pending litigation. Until the state Supreme Court weighs in, a 15-week ban remains in effect. The 15-week ban was signed by DeSantis in April 2022.
Georgia – The six-week abortion ban that was signed into law by Gov. Brian Kemp (R) in 2019 was reinstated by the Georgia Supreme Court in November 2022. After a fetal heartbeat is detected, performing an abortion could be punishable by up to 10 years in prison.
Hawaii – Abortion in Hawaii is limited until after viability, typically around 24 weeks, but the procedure must be performed by a licensed physician. Hawaii codified abortion rights in 1970, three years prior to Roe.
Idaho – Idaho’s trigger ban took effect in August 2022, 60 days after the Dobbs decision was released. There are rape and incest exceptions as well as for protecting the life of the mother. In April 2023, Gov. Brad Little (R) signed a law prohibiting the provision of abortion pills to minors or assisting in their travel across state lines to obtain an abortion.
Illinois – Abortion in Illinois is legal up until viability at approximately 24 weeks’ gestation. In 2019, Gov. J.B. Pritzker (D) signed the Reproductive Health Act, which codified abortion as a “fundamental right.”
Indiana – Indiana was the first state to enact a near-total abortion ban after the overturning of Roe, but the measure was quickly blocked by the Courts and completely blocked on religious freedom grounds. The procedure is currently legal up to 22 weeks of pregnancy, with exceptions for saving the mother’s life after this time frame.
Iowa – Iowa’s Supreme Court last week announced that it would uphold a lower court’s decision to strike down a six-week abortion ban that was signed into law in 2019 by Gov. Kim Reynolds (R). The court ruled that it could not sanction Reynold’s law since it was written before Dobbs, but it would be open to hearing a new case on limiting abortion access. Currently, abortion is legal in Iowa up to 22 weeks of pregnancy.
Kansas – Abortion is legal up until 22 weeks gestation in Kansas. An amendment that would have removed abortion rights from the state constitution failed by a margin of 60-40 in August 2022. Litigation is also pending on the restriction of medication abortions and waiting periods for abortions.
Kentucky – Kentucky’s complete abortion ban took effect upon the announcement of the Dobbs decision in June 2022. Although the law is still under litigation, the state Supreme Court denied the emergency injunction against the ban in February 2023, meaning that the law is still operational until the court decides the full constitutionality of the measure.
Louisiana – Louisiana in 2006 passed a trigger ban that would prohibit abortion in the event of overturning Roe, which was updated in 2022, three days before the announcement of the Dobbs decision. The ban, which makes the procedure illegal except to save the mother’s life or in the event of fetal anomaly, took effect in July 2022. The Louisiana Department of Health issued a list of fetal conditions that would make a pregnancy eligible for termination.
Maine – A woman can obtain an abortion in Maine up to legal viability, which is typically at 24 weeks’ gestation. Gov. Janet Mills (D) introduced a bill in April to expand abortion access past fetal viability if deemed medically necessary by a licensed physician. The bill is likely to pass despite significant conservative pushback.
Maryland – Abortion in Maryland is protected until legal viability, which is defined by the state as in the doctor’s best medical judgment whether or not the fetus is likely to survive outside of the womb. Abortion rights in the former Catholic colony were codified by ballot initiative in 1992.
Massachusetts – Massachusetts allows for abortions up until the 24th week of pregnancy. Abortion rights were codified in the ROE Act passed by the state legislature in 2020.
Michigan – Michiganders voted in November 2022 to enshrine abortion rights in the state constitution, protecting abortion until legal viability. A Michigan judge in September 2022 also overturned the state’s pre-Roe abortion legislation, which made performing an abortion a felony in most cases. Only a licensed physician may perform an abortion in the state.
Minnesota – The Minnesota Supreme Court found that there was a state constitutional right to abortion in 1995. In January 2023, Gov. Tim Waltz (D) signed a bill codifying abortion rights up to viability, which is typically determined to be approximately 24 weeks’ gestation.
Mississippi – Mississippi’s 15-week abortion ban passed in 2018 was the statute that led to the Dobbs lawsuit heard before the Supreme Court in June 2022. The last abortion clinic in the state closed on July 7, 2022, when the state’s complete abortion ban took effect. There are exceptions to the ban in the case of saving the life of the mother as well as rape and incest.
Missouri – Abortion in Missouri is illegal except to save the life of the mother, with no exceptions for rape or incest. The law took effect immediately upon the announcement of the Dobbs decision. A constitutional amendment to reinstitute abortion rights will be on the ballot in November.
Montana – In May, Gov. Greg Gianforte (R) signed a law banning dilation and evacuation abortions, the most common procedure for terminating a pregnancy after 15 weeks’ gestation. Gianforte also signed legislation that protects infants born alive after a failed abortion procedure. Planned Parenthood filed a preemptive lawsuit against the 15-week abortion ban in April, citing a 1999 precedent that protects pre-viability abortions under the constitutional right to privacy.
Nebraska – Gov. Jim Pillen (R) signed into law on May 22, 2023, an abortion ban after 12 weeks of pregnancy along with a ban on gender transition medicine for minors. Pillen said the measure is “about protecting our kids and saving babies. Pure and simple.” Eight days later, the American Civil Liberties Union sued the state on behalf of Planned Parenthood to enjoin the legislation, and litigation is pending.
Nevada – Gov. Joe Lombardo (R) signed a law in May 2023 protecting out-of-state residents from prosecution if they travel to Nevada for an abortion. Abortion up to 24 weeks of pregnancy was codified via ballot initiative in 1990.
New Hampshire – Abortion is legal in New Hampshire up to 24 weeks’ gestation. The New Hampshire legislature in March blocked a six week abortion ban.
New Jersey – Gov. Phil Murphy (D) signed into law in January 2022 a codification of abortion rights at any time throughout pregnancy.
New Mexico – Abortion is legal in New Mexico without gestational age restrictions. In March 2023, Gov. Michelle Lujan Grisham (D) signed a state law overriding local restrictions on the procedure. In April 2023, Lujan Grisham signed a law shielding abortion providers from legal penalties.
New York – Abortion up to 24 weeks of pregnancy has been legal in New York since 1970, three years before Roe. On Wednesday, the New York legislature passed legislation to protect abortion pill providers who send the drugs to patients in other states from litigation.
North Carolina – The state legislature overrode the veto of Gov. Roy Cooper (D) in May 2023, instituting a limitation on abortion after 12 weeks’ gestation. The law, which is set to take effect on July 1, includes exceptions for preserving the life of the mother and lethal fetal anomalies, as well as in cases of rape and incest.
North Dakota – Despite prior attempts and corresponding legal challenges, abortions became illegal in North Dakota in April 2023. While abortions for medical emergencies, such as ectopic pregnancies, can be performed at any time during the pregnancy, abortions for rape and incest must be conducted before six weeks of pregnancy.
Ohio – Ohio’s six-week abortion ban has been blocked after the First District Court of Appeals denied a request to appeal the injunction against the law signed by Gov. Mike DeWine (R) in 2019. A constitutional amendment may appear on the ballot in November 2023 to make abortion legal. DeWine has expressed that he believes the language of the amendment goes too far for most Ohioans. Abortions are currently legal in Ohio up to 22 weeks.
Oklahoma – Abortion in Oklahoma remains illegal in most cases, even after the state Supreme Court struck down two anti-abortion laws in May 2023. The court found in a March 2023 case that the “Oklahoma Constitution creates an inherent right of a pregnant woman to terminate her pregnancy when necessary to preserve her life,” noting that “absolute certainty” that the procedure will save the mother’s life is not necessary.
Oregon – There are no gestational age limits to abortion in Oregon. In April 2023, state Democrats proposed a constitutional amendment codifying protections for abortion, gay marriage, and gender transition medicine.
Pennsylvania – Abortion is legal in Pennsylvania up until the 23rd week of pregnancy. Democrats maintain a slim majority in the lower chamber of the state legislature and the governorship, indicating that there will be no movement in terms of abortion legislation in the Keystone State.
Rhode Island – Gov. Dan McKee (D) signed an executive order in July 2022 protecting abortion up to fetal viability at approximately 24 weeks and shielding abortion providers from criminal or civil penalties. Abortion rights were codified by the state legislature in 2019.
South Carolina – Less than 24 hours after Gov. Henry McMaster (R) signed a 6-week abortion ban that was passed by the legislature, Planned Parenthood was granted an emergency injunction blocking its implementation. The state Supreme Court is set to hear oral arguments on June 27 to review the case. Until then, the current limit for abortion is at 22 weeks’ gestation.
South Dakota – South Dakota passed a trigger law in 2006 entirely banning abortion in the event that the Supreme Court would overturn Roe v. Wade, which took effect immediately in June 2022. In January 2023, Gov. Kristi Noem (R) threatened to pursue criminal penalties for pharmacists who dispense abortion pills.
Tennessee – Tennessee instituted a total ban on abortion with no exceptions for rape and incest in August 2022, making it one of the strictest states for abortion regulation. In April 2023, Gov. Bill Lee (R) signed a law enacting an exception for physicians to execute “reasonable medical judgment” if an abortion is necessary to save the life or health of the mother. The Department of Health and Human Services has withdrawn from Tennessee Title X funding that provides family planning services to low-income residents because of the abortion ban.
Texas – Abortions have been completely banned in Texas since July 2022, with the health of the mother as the only exception. Eight women in Texas have sued for an emergency injunction against the ban, citing maternal health risks. The Lone Star state also took center stage in the legal battles over abortion when a federal judge in Texas ordered the Food and Drug Administration to suspend its approval of mifepristone, part of the two-pill medication abortion process.
Utah – Abortion is currently legal in Utah up to 18 weeks of pregnancy. In May 2023, a state court blocked legislation that required the procedure to be conducted in a hospital setting, effectively banning abortions by shutting down the state’s four clinics. Planned Parenthood sued the state, arguing that 95% of abortions are provided by clinics as outpatient procedures. Judge Andrew Stone is still reviewing the case.
Vermont – Gov. Phil Scott (R) signed a constitutional amendment to protect abortion access in the state in December 2022. The “Reproductive Liberty Amendment” also enshrines the right to family planning services and contraception. The state legislature in March passed legislation protecting healthcare workers who provide abortions and gender transition medicine services from disciplinary action, defining both sets of procedures as “healthcare activities.”
Virginia – Abortion in Virginia is protected until 26 weeks and six days’ gestation. In January 2023, Gov. Glenn Youngkin (R) attempted to push through the legislature a 15-week abortion limit, which was blocked in committee by Democrats in the General Assembly.
Washington – Abortion in Washington state is protected until the point of viability, starting at approximately 24 weeks’ gestation. Gov. Jay Inslee (D) signed a law in April prohibiting the state’s justice system from enforcing the laws of other states criminalizing abortions performed in Washington on non-state residents.
West Virginia – Gov. Jim Justice (R) signed a total abortion ban into law in September 2022 that was passed through the state legislature. The ban includes exceptions for saving the life of the mother, fatal fetal anomalies, and police-documented cases of rape and incest. Abortions performed under these exceptions must occur within 8 weeks of pregnancy.
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Wisconsin – A 19th-century total abortion ban took effect in Wisconsin after the overturning of Roe. Republicans absorbed a loss last fall in a state Supreme Court election that centered on abortion. State legislators have introduced new measures to clarify the definition of abortion and support family development, but both Gov. Tony Evers (D) and Attorney General Josh Kaul have expressed their commitment to re-institute Roe-era protections for abortion access.
Wyoming – Abortion remains legal in Wyoming until viability at approximately 24 weeks’ gestation. The Wyoming Constitution stipulates that adults reserve the right to make their own healthcare decisions, so state Republicans attempted in March 2023 to institute a total ban on abortion by legislating that abortion cannot be considered a healthcare procedure. A state district judge struck down the Republican measure, saying that “the state cannot legislate away a constitutional right.” Wyoming is also the first state to explicitly ban abortion pills, for which the same district court heard oral arguments on Thursday.
