This year will mark the two-year anniversary of a momentous ruling by the U.S. Supreme Court that overturned Roe v. Wade, the historic 1973 verdict that established the fundamental right to access abortion.
Roe v. Wade safeguarded the right to terminate a pregnancy up until the point of fetal viability, typically considered to occur approximately 23 or 24 weeks into gestation.
But as a result of the ruling last year, the responsibility for shaping abortion legislation now rests with state legislators and judicial bodies. This shift has left more than 25 million individuals of childbearing age residing in states where prevailing laws have made it increasingly challenging to obtain abortions.
As more states continue to pass stricter abortion laws, here's an update on where each state stands after Roe v. Wade was overturned on June 24, 2022.
14 states fully banned abortion
Alabama: All abortions following conception have been banned. There are no exceptions for rape or incest, but limited exceptions exist for cases in which the patient's life or health is at risk. Violating the ban is deemed a Class A felony, punishable by up to 99 years in prison, while attempting an abortion is a Class C felony, carrying a prison term of 1 to 10 years.
Arkansas: Abortion is completely banned except when it is necessary to save the life of the patient. There are no exceptions for rape or incest, and doctors could be fined up to $100,000, face 10 years in prison, or both if they perform an abortion.
Idaho: Abortion has been banned at all stages of pregnancy, with two exceptions. In circumstances where the patient's life is at risk, or in cases of rape or incest, an abortion may be performed, but only if a police report has been filed and provided to the doctor. Additionally, Idaho's governor signed a law that criminalizes assisting a minor with traveling out-of-state for an abortion without parental consent.
Indiana: Since August 2023, a statewide law has banned all abortions except in instances of a fatal fetal anomaly or when there's a serious health risk to the pregnant person.
Kentucky: Abortion is banned, except in cases of life endangerment, with no exceptions for rape or incest. In November, voters rejecteda proposed anti-abortion ballot measure that aimed to amend the state constitution, thereby excluding the right to terminate a pregnancy before viability.
Louisiana: The current law bans abortion, including abortion-inducing drugs, throughout all stages of pregnancy, without any exceptions for cases of rape or incest, except when it poses a threat to the life or health of the pregnant person.
Abortion issue far from settled 1 year after Roe v. Wade overturned
States are deciding their own abortion laws one year after the Dobbs ruling. One state is considering making it harder to pass ballot initiatives.
Mississippi: The law prohibits abortion in all instances except when the person's life is at risk or when the fetus is the result of rape, and the assault has been reported to law enforcement.
Missouri: Abortion is banned with limited exceptions for life endangerment or severe health complications; there are no exceptions for rape or incest.
North Dakota: Abortion is prohibited, except in cases of rape or incest within the first six weeks of pregnancy. Exceptions are permitted in this case to prevent the death or a serious health risk to the pregnant person.
Oklahoma: Abortions are banned at the stage of fertilization, and the law allows private citizens to sue abortion providers who "knowingly" perform or induce an abortion. There are exceptions for medical emergencies or if the pregnancy was the result of rape or incest and was reported to law enforcement.
South Dakota: Abortions are banned "post fertilization," except when the pregnant person's life is at risk. There are no exceptions for rape or incest.
Tennessee: Abortions are banned in the state, except those necessary to save the person's life. There are no exceptions for rape or incest.
Texas: Performing an abortion is a first-degree felony in the state. There are no exceptions for rape or incest, and people can sue providers or anyone assisting patients seeking an abortion after about six weeks of pregnancy.
West Virginia: The current law prohibits nearly all abortions except if it's needed to save a pregnant person's life or in certain cases that involve rape or incest.
8 states banned abortion after 6 to 20 weeks of pregnancy
Arizona: While abortions are currently banned after 15 weeks of pregnancy, this state could soon join the 14 other states that have fully banned abortions. The state's Supreme Court recently upheld a Civil War-era abortion ban that would make nearly all abortions in the state illegal, except in cases in which there is a life-threatening situation. The new legislation will not be enforced for at least the next 14 days to allow the plaintiffs a chance to explore other legal challenges. On June 22, 2023, Gov. Katie Hobbs signed an executive order to protect anyone involved with a legally obtained abortion from prosecution, and she reiterated on April 9 that this order "still stands."
Florida: The state currently bans abortion after 15 weeks of pregnancy, but this law will change come May 1, as earlier this month the Supreme Court upheld Gov. Ron DeSantis' Heartbeat Protection Act, which bans most abortions in the state after six weeks into a pregnancy. The ban does include exceptions in cases of rape, incest, human trafficking, or if the pregnancy poses a serious health threat.
Georgia: Abortion is banned once cardiac activity can be detected, which is around the six-week mark of pregnancy. There are exceptions to this law in the cases of rape and incest, or if the pregnancy poses a serious health risk to the person.
Nebraska: The state bans abortion at 12 weeks of pregnancy, except in cases of rape or incest or if it presents a threat to the person's life.
South Carolina: There is a ban on abortions at six weeks, with exception for fatal anomalies or if it poses a risk to the patient's life.
North Carolina: There is a ban on abortions after 12 weeks of pregnancy. With the exception of rape or incest, which will make the abortion legal up to 20 weeks of pregnancy, and in the case of fatal anomalies, the abortion is legal up to 24 weeks.
Utah:Currently, there is a ban on abortions after 18 weeks of pregnancy, with some exceptions in cases of rape, incest or life-threatening conditions.
Wisconsin: The state bans abortions after 20 weeks of pregnancy. However, patients are required to get an ultrasound and schedule an appointment for counseling and another at least 24 hours before proceeding with the actual abortion.
7 states did not change abortion policies
The following states have retained their existing laws without making changes in response to the Supreme Court decision that overturned Roe v. Wade.
In Alaska and Oregon, abortion is not banned at any point in pregnancy, while in Ohio, Iowa and Kansas, a ban on abortion after 22 weeks' gestation is in place.
New Hampshire has an abortion ban after 24 weeks, and Virginia has a ban on abortion around 26 weeks, or after the second trimester.
States that have tried to protect abortion access
Since the overturning of Roe v. Wade, approximately half of the states have implemented bans or restrictions on abortion. However, in other parts of the country, lawmakers are actively taking steps to safeguard and ensure continued access to the procedure and advocate for reproductive rights.
California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Montana, New York, Rhode Island, Washington and Wyoming all allow abortion until viability, which means no abortions are allowed after the fetus has reached a stage of development in which it possesses the ability to survive independently outside of the womb. Most of these states have also adopted new laws or executive actions since 2022 to protect access to abortion.
Meanwhile, abortion is not banned at any point in pregnancy in the District of Columbia or in Colorado, New Jersey, New Mexico and Vermont. These four states and D.C. have also passed executive orders and laws protecting abortion access post-Roe.
While abortion is banned after 24 weeks in Massachusetts, Nevada, and Pennsylvania, these three states have passed laws and executive orders to safeguard access to abortions.
