This year, in anticipation of a U.S. Supreme Court ruling eroding or overturning Roe v. Wade, the Florida Legislature passed a ban on abortions after the 15th week.
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.
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. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
What’s next: Murphy has proposed a host of new abortion-related measures, but the Legislature has not taken them up yet. One aims to let a wider range of medical providers perform the most common type of abortion. Another would create a fund so advanced practice registered nurses, physician’s assistants and certified nurse midwives can provide abortion services. The source and amount of funding wasn’t defined.
Effect of Supreme Court ruling: Now that Roe v. Wade has been overturned, the 20-week ban could be restored. Legal experts say formal action would have to be taken to cancel the earlier court rulings striking it down. Republican legislative leaders late Friday asked state Attorney General Josh Stein, a Democrat and abortion rights supporter whose agency’s lawyers defended the 20-week law, to act. Otherwise, they said they would seek to intervene.
Background: Abortion services were halted in Oklahoma in May after Gov. Kevin Stitt signed a bill that prohibits all abortions with few exceptions. The ban is enforced by civil lawsuits rather than criminal prosecution. Republican lawmakers have been pushing to restrict abortion in the state for decades, passing 81 different restrictions since Roe v. Wade was decided in 1973, according to the Guttmacher Institute.
Background: Abortion is legal in Pennsylvania under decades of state law, including a 1989 law that was challenged all the way to the U.S. Supreme Court. That produced the landmark Planned Parenthood v. Casey ruling that affirmed the high court’s 1973 decision in Roe v. Wade that legalized abortion nationwide, but also allowed states to put certain limits on abortion access.
Effect of Supreme Court ruling: Now the U.S. Supreme Court has overturned Roe v. Wade, the 2021 law likely will go into effect. If the court’s ruling is less expansive, then the state’s current ban on abortion after the 20th week of pregnancy will remain while the 2021 law continues through the federal court system.
What’s next: Noem has said she planned to call a special session to craft laws for the new legal landscape if Roe v. Wade was overturned. She hasn’t commented on specific legislation, but lawmakers have floated proposals that would make it more difficult for women to seek an abortion out of state. However, South Dakota voters rejected outright bans in 2006 and 2008, and abortion rights advocates are preparing for a similar referendum on abortion access.
What’s next: Many Texas women have already traveled out of state for abortions since the law took effect, but they would likely have to travel much farther now that Roe is overturned as more states outlaw abortion. Some Republican lawmakers also want to punish companies that help their Texas-based employees get abortions elsewhere, although it’s unclear how much support that idea will have when the Legislature returns in 2023.
Background: In recent years, when Democrats were in full control of state government, lawmakers rolled back abortion restrictions. They ended strict building code requirements on facilities where abortions are performed and did away with requirements that a patient seeking an abortion undergo a 24-hour waiting period and ultrasound. Advocates said the changes would make Virginia a haven for abortion access in the South.
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