The Supreme Court decision to end constitutional protections for abortion is expected to disproportionately affect women of color who already face limited access to health care, according to an AP analysis.
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.
Background: The Alaska Supreme Court has interpreted the right to privacy in the state constitution as encompassing abortion rights. Effect of Supreme Court ruling: Ducey has argued in media interviews that the law he signed in late March takes precedence over the total ban that remains on the books. But the law he signed specifically says it does not overrule the total abortion ban in place for more than 100 years. Ducey is term-limited and leaves office in January.
What’s next: Hours after Friday’s ruling, Attorney General Leslie Rutledge signed certification that Roe had been overturned. That certification allows the state’s “trigger ban” to take effect immediately. The only exception in that ban is to protect the life of the mother in a medical emergency. The Legislature isn’t scheduled to meet until January, but Hutchinson is considering calling a special session to take up tax relief proposals.
Effect of Supreme Court ruling: The decision won’t have any immediate impact on Colorado law -- but providers are preparing for a surge of out-of-state patients. Democratic House Majority Leader Daneya Esgar says lawmakers must consider how to invest in a health care workforce to ensure Colorado has the capacity to meet that anticipated demand. Colorado’s health department reports there were 11,580 abortions in the state in 2021; of those 14% were for non-residents.
What’s next: Connecticut’s new law protecting abortion providers from other states’ bans takes effect on July 1. It creates a legal cause of action for providers and others sued in another state, enabling them to recover certain legal costs. It also limits the governor’s discretion to extradite someone accused of performing an abortion, as well as participation by Connecticut courts and agencies in those lawsuits.
Background: Abortion is legal in the District of Columbia at all stages of pregnancy, a status that was upheld in the 1971 Supreme Court case United States v. Vuitch. However, the U.S. Congress has oversight power over D.C. laws and Congress has already banned the city from using local funds to pay for abortions for women on Medicaid.
Effect of Supreme Court ruling: The decision places Florida’s 15-week ban on firm legal ground, at least under federal law. However, the legislation is already being challenged in state court on arguments that it violates a guarantee of the right to privacy under the state constitution. What’s next: Some Republican lawmakers and candidates want Georgia to go further and ban abortion entirely, but Kemp is unlikely to call a special session before this November’s general election. Lawmakers are likely to consider further action when they return for their annual session in January. The Legislature or courts will have to sort out whether the provisions designating a fetus as a person are workable.
Background: Following the U.S. Supreme Court’s 1973 Roe v. Wade ruling, Idaho passed a law generally allowing abortions in the first and second trimester up to viability at about 23 to 24 weeks. The law allows abortions after viability only to protect the mother’s life or in cases of nonviable fetuses. This year, lawmakers passed a Texas-style ban prohibiting abortions after about six weeks of pregnancy and authorizing family members to sue medical providers for performing an abortion.
Effect of Supreme Court ruling: It won’t change access to abortion in Illinois. After the Roe v. Wade decision in 1973, the Illinois Abortion Act of 1975 legalized abortion but enacted a “trigger law” that would reinstate the ban if Roe were overturned. That trigger law was repealed in 2017 in legislation that also required Medicaid and state employees’ group health insurance to cover abortions.
What’s next: Republican legislative leaders said Friday they expected lawmakers to act on tightening Indiana’s abortion laws during a special legislative session starting July 6, but gave no details about what restrictions would be considered. Republican Gov. Eric Holcomb earlier this week called the Legislature into a special session to take up a tax refund proposal, but state law allows legislators to consider any subject.
Background: Under current law, Kansas does not ban most abortions until the 22nd week of pregnancy, when they’re allowed only to save a patient’s life or to prevent “a substantial and irreversible physical impairment of a major bodily function.” The state Supreme Court in 2019 declared that access to abortion is a “fundamental” right under the state constitution, granting stronger protections to abortion rights than the U.S. Constitution does currently.
Effect of Supreme Court ruling: Abortion services in Kentucky immediately became illegal under a “trigger law” enacted in 2019. The measure contains a narrow exception allowing abortion to prevent the death or permanent injury of a pregnant woman. Kentuckians will be able to vote this November on a proposed amendment declaring there is no right to an abortion in the state constitution.
Edwards signed another bill that would require the doctor to certify that a drug used for abortion was being prescribed for another medical reason. The bill makes it illegal to deliver abortion medication to a state resident “by mail-order, courier, or as a result of a sale made via the internet.” What’s next: Any major changes are unlikely unless former Gov. Paul LePage, a Republican, unseats Mills and Republicans take control of both chambers of the Legislature in November. LePage, a Catholic who opposes abortion rights, has said it’s up to lawmakers to address the abortion issue as they see fit.
What’s next: There is little chance Massachusetts will restrict abortion rights. Baker signed an executive order Friday barring state agencies from assisting another state’s investigation into people or businesses for receiving or delivering reproductive health services that are legal in Massachusetts. The state also won’t cooperate with extradition requests from states pursuing criminal charges against such individuals.
Background: Abortion is legal in Minnesota up to the point of fetal viability, around the 24th week of pregnancy. The state has some restrictions, including a 24-hour waiting period with state-mandated counseling, both parents generally must be notified prior to a minor getting an abortion, and only physicians can perform abortions.
Effect of Supreme Court ruling: Mississippi’s only abortion clinic, Jackson Women’s Health Organization, is expected to close within weeks. Mississippi enacted a law in 2007 that would prohibit most abortions if Roe v. Wade was overturned. Abortions would still be allowed if the woman’s life is endangered by the pregnancy or if the pregnancy was caused by a rape that was reported to law enforcement.
What’s next: Some Missouri residents wanting abortions are likely to travel to neighboring states, including Illinois and Kansas. A new Illinois logistics center near St. Louis helps women from out of state find travel, lodging and childcare if they need help getting to the area for an abortion, and it connects them with funding sources. The Kansas Supreme Court in 2019 declared that access to abortion is a “fundamental” right under the state constitution.
Background: Nebraska allows most abortions until the 22nd week of pregnancy, although a few small towns have voted to outlaw the procedure within their borders. The state requires doctors to be physically present when patients take the first of two drugs that are used in medication abortions. Lawmakers have rejected attempts to allow abortion medications to be administered remotely, which would provide easier abortion access in rural areas.
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: The majority leader of the New Hampshire House has said the public should not expect Republicans in the Legislature to further tighten state abortion laws. But anti-abortion lawmakers who have filed bills in the past are expected to try again.Political control: Democrats control both houses of the state Legislature and the governorship. Gov. Phil Murphy started his second consecutive term this year.
Background: In 2021, state lawmakers repealed a dormant 1969 statute that outlawed most abortion procedures as felonies, thus ensuring access to abortion even after the federal court rolled back guarantees. Albuquerque is home to one of only a few independent clinics in the country that perform abortions in the third trimester without conditions.
Effect of Supreme Court ruling: Roe v. Wade protections are enshrined in state law. New York is planning to give abortion providers $35 million this year to expand services and boost security in anticipation of an influx of out-of-state people seeking abortions once any ruling comes down. It’s unclear how many more people from neighboring states could travel to New York to receive abortion care.
What’s next: Republican General Assembly leaders don’t plan to consider additional abortion restrictions during the soon-to-end legislative session, meaning a likely intensification of electoral efforts to gain the five additional seats the GOP needs to reach veto-proof margins come 2023. Cooper and other Democrats already are making abortion rights a key campaign pitch. Abortion politics are also expected to figure in two state Supreme Court seat elections in November.
Background: Before Friday’s ruling, Ohio did not ban most abortions until the 22nd week of pregnancy; after that they’re allowed only to save a patient’s life or when their health is seriously compromised. But the state imposes a host of other restrictions, including parental consent for minors, a required ultrasound, and in-person counseling followed by a 24-hour waiting period. Abortions are prohibited for the reason of a fetal Down syndrome diagnosis.
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