There is a new law in the USA which says that states can decide themselves wether an abortion is illegal or not. Each state has the right to regulate abortion including outlawing them entirely.
The previous abortion law prevented states to make an abortion illegal. Right now states have their own rights and abortion will be illegal soon in more than a dozen states.
In the next few weeks or months conservative states will likely place more restrictions on abortions whereas progressive states will probably keep things exactly the same.
Roe V. Wade is now completely overturned meaning that there is no constitutional right to have an abortion. It is critical to say that abortions are not now automaticly illegal throughout the United States, rather each state now has the right to regulate abortion. When Roe was still in place the federal law prevented all states from banning abortions.
Thirteen states already have trigger laws that ban abortion as soon as Roe is overturned. Attorney generals in Texas and Louisiana have even already stated that abortion is now illegal in their states.
This means that when women living in these states have no rights to do an abortion after a sexual harassment. There should be exceptions. Women also don’t have rights to do an abortion if they know that they are unable of taking care of the child due to life circumstances. There should be exceptions.
The consequences of banning abortions will be huge and it needs to change. We are disappointed. World Love One says that men do not have the right to control women’s rights. USA, you can do better. We are designated to say that states are failing when they ban abortion – without having exceptions – and that states are then breaking the international laws for human rights.
State and Legality
Alabama, Potentially illegal
The state may try to enforce its pre-Roe law, which was determined to be unconstitutional. The law prohibits all abortions unless necessary to save the life of the pregnant person. The state has also enacted a near-total ban on abortion that has been enjoined, though that could change pending court action. That law contains an exception in the event of “serious health risk” to the pregnant person.
Alaska, Legal
Abortions are allowed throughout pregnancy, though that policy is not specifically protected by state law. The state Supreme Court has recognized a right to abortion under the state Constitution.
Arizona, legal for now
Abortions are, for now, legal until viability.
The state’s pre-Roe law, which prohibits all abortions except to save the life of the pregnant person, was found unconstitutional by the Arizona Court of Appeals in 1973 and subsequently enjoined by a superior court judge. Proponents have, however, argued the law could still be enforced.
Additionally, a new state law prohibiting abortions more than 15 weeks after the pregnant person’s last menstrual period will take effect 91 days after Arizona’s legislative session ends. If the session does not end early and the law is not blocked by the courts, the 15-week law will take effect Sept. 29. The law contains an exception to save the life of the pregnant person.
While the 15-week bill contains a provision saying it does not repeal the state’s pre-Roe law, Republican Gov. Doug Ducey has argued the new law supercedes the old one.
Arkansas, soon to be illegal
Nearly all abortions will be illegal as soon as the attorney general certifies that the U.S. Supreme Court has overturned Roe, which Republican Attorney General Leslie Rutledge has said she will do immediately. The state’s trigger law prevents all abortions except to save the life of the pregnant person.
The state also has a pre-Roe law that has been enjoined to the extent it bars physicians from performing abortions and a near-total abortion ban, which has also been enjoined, which it could try to enforce.
California, Legal
Abortions are legal until viability. The state Supreme Court has recognized a right to abortion under the state Constitution, and state law also protects abortion access.
Colorado, Legal
Abortions are legal throughout pregnancy. State law protects abortion access.
Connecticut, Legal
Abortions are legal until viability. State law protects abortion access.
Delaware, Legal
Abortions are legal until viability. State law protects abortion access.
District of Columbia, Legal
Abortions are legal throughout pregnancy. District code protects abortion access.
Florida, Legal
Abortions are legal until viability, and the state Supreme Court has recognized a right to abortion under the state Constitution. The legislature has, however, passed a bill prohibiting abortions 15 weeks after the pregnant person’s last menstrual period, which takes effect July 1. A lawsuit is currently challenging the new law, and the state Supreme Court, which has grown more conservative, could uphold it.
The 15-week law contains an exception to save the life of the pregnant person.
Georgia, legal for now
Abortions are, for now, legal until 20 weeks after fertilization.
A state law banning abortions after six weeks has been enjoined in a decision currently pending on appeal in the 11th Circuit Court of Appeals.
The 11th Circuit issued a stay of the appeal pending a ruling on the Dobbs case, meaning a decision could now come at any time. If the court upholds the law, it will likely be several weeks before the injunction is formally lifted and the six-week law takes effect.
Georgia’s six-week law contains exceptions for rape, incest, to save the life of the pregnant person and in the case of fatal fetal anomaly.
Hawaii, Legal
Abortions are legal until viability. State law protects abortion access.
Idaho, Soon to be illegal
Abortions are, temporarily, legal until viability.
The state has a trigger law that will prohibit nearly all abortions 30 days after the U.S. Supreme Court overturns Roe. The law contains exceptions for rape, incest and to save the life of the pregnant person.
The state has also banned abortions after six weeks of pregnancy — with exceptions for rape, incest and to save the life of a pregnant person — enforced through a private right of action. The law has been enjoined, but could go into effect before the total ban kicks in pending court action.
Illinois, Legal
Abortions are legal until viability. The state Supreme Court has recognized a right to abortion under the state Constitution. State law also protects abortion access.
Indiana, Legal
Abortions are legal until 20 weeks after fertilization. The state Supreme Court has not recognized a right to abortion under the state Constitution, and state law does not protect abortion access. A group of 100 Republican lawmakers has petitioned Republican Gov. Eric Holcomb to call them into special session when Roe is overturned to address abortion.
Iowa, Legal
Abortions are legal until 20 weeks after fertilization. The state Supreme Court has recognized a right to abortion under the state Constitution.
Kansas, Legal
Abortions are legal until 22 weeks after the pregnant person’s last menstrual period. The state Supreme Court has recognized a right to abortion under the state Constitution, though Kansas voters in August will vote on whether to amend the Constitution to state there is no right to abortion.
Kentucky, Illegal
Abortions are now illegal, except if necessary to save the life of the pregnant person.
The state’s trigger law prohibits all abortions immediately after the U.S. Supreme Court overturns Roe.
Louisiana, illegal
Abortions are now illegal, except if necessary to save the life of the pregnant person.
The state’s trigger law prohibits all abortions immediately after the U.S. Supreme Court overturns Roe.
Maine, Legal
Abortions are legal until viability. State law protects abortion access.
Maryland, Legal
Abortions are legal until viability. State law protects abortion access.
Massachusetts, Legal
Abortions are legal until 24 weeks. The state Supreme Court has recognized a right to abortion under the state Constitution. State law also protects abortion access.
Michigan, Legal for now
Abortions are, for now, legal until viability.
The state has a pre-Roe law that has been preliminarily enjoined, meaning the law is temporarily blocked while a case against it proceeds, but could be reinstated pending court action. Under the pre-Roe law, abortions are prohibited except to save the life of the pregnant person.
Minnesota, Legal
Abortions are legal until viability. The state Supreme Court has recognized a right to abortion under the state Constitution.
Mississippi, Soon to be illegal
Abortions are, temporarily, legal until 20 weeks of probable gestational age.
The state has a trigger law prohibiting all abortions 10 days after the attorney general certifies that the U.S. Supreme Court has overturned Roe. The law contains exceptions in cases of rape or to save the life of the pregnant person.
The state also has a pre-Roe law, portions of which have been found unconstitutional, that it could try to enforce or could take to court to ask to be able to enforce. The pre-Roe law also contains exceptions in cases of rape or to save the life of the pregnant person.
Missouri, Soon to be illegal
Abortion will be illegal as soon as soon as the attorney general authors an opinion, the governor issues a proclamation or the general assembly adopts a concurrent resolution notifying the state revisor of statutes that the U.S. Supreme Court has overturned Roe.
The exact timing is unclear, though Republican Attorney General Eric Schmitt has promised to “immediately” author an opinion. Republican Gov. Mike Parson has also said he is prepared to sign the necessary proclamation.
The state’s trigger law contains an exception to save the life of the pregnant person.
Montana, Legal
Abortions are legal until viability. The state Supreme Court has recognized a right to abortion under the state Constitution.
Nebraska, Legal
Abortions are legal until 20 weeks after fertilization. The state Supreme Court has not recognized a right to abortion under the state Constitution, and there are no state laws protecting abortion access.
Nevada, Legal
Abortions are legal until 24 weeks after fertilization. State law protects abortion access and was approved in a referendum by voters, meaning it cannot be changed without another vote of the people.
New Hampshire, Legal
Abortions are legal until 24 weeks after the pregnant person’s last menstrual period. The state Supreme Court has not recognized a right to abortion under the state Constitution, and there are no state laws protecting abortion access.
New Jersey, Legal
Abortions are legal throughout pregnancy. The state Supreme Court has recognized a right to abortion under the state Constitution. State law also protects abortion access.
New Mexico, Legal
Abortions are allowed throughout pregnancy, though that policy is not legally protected. The state Supreme Court has not recognized a right to abortion under the state Constitution, though it has used the state’s Equal Rights Amendment to strike down restrictions on Medicaid abortion coverage.
New York, Legal
Abortions are legal until 24 weeks after fertilization. State law protects abortion access.
North Carolina, legal for now
Abortions are, for now, legal until viability. North Carolina has multiple laws on the books dealing with abortion, including a 20-week law that has been enjoined by the courts, and a pre-Roe law that isn’t in effect because it was modified by another law after Roe was decided. Court action could alter which of the state’s laws are allowed to be enforced and would likely take weeks or months.
North Dakota, Soon to be illegal
Abortion will be illegal as soon as the attorney general certifies to the legislative council that the U.S. Supreme Court has overturned Roe. Prior to the release of the decision, North Dakota Attorney General Drew Wrigley said in a statement that his office was “still studying its role in the potential implementation of the trigger law.”
The trigger law prohibits all abortions except in cases of rape, incest or to save the life of the pregnant person.
Ohio, Legal for now
Abortions are, for now, legal until 20 weeks post fertilization. A state law banning abortion six weeks after the pregnant person’s last menstrual period has been preliminarily enjoined, though Republican Attorney General David Yost has said he anticipates filing a motion to lift the stay if Roe is overturned, a move supported by Republican Gov. Mike DeWine. The law prohibits abortions except to save the life of the pregnant person.
Oklahoma, illegal
Abortion has been civilly banned in Oklahoma since May, except in cases of rape, sexual assault and incest or if necessary to save the life of the pregnant person. The law is enforced through a private right of action.
Abortion will now also be illegal under the state’s trigger law as soon as the attorney general certifies that the U.S. Supreme Court has overturned Roe. The law directs the state to enforce its existing, but unenforced, pre-Roe ban. The law contains an exception to save the life of the pregnant person.
Oregon, Legal
Abortions are legal throughout pregnancy. State law protects abortion access.
Pennsylvania, Legal
Abortions are legal until 24 weeks after the pregnant person’s last menstrual period. The state Supreme Court has not recognized a right to abortion under the state Constitution, and there are no state laws protecting abortion access.
Rhode Island, Legal
Abortions are legal until viability. State law protects abortion access.
South Carolina, Legal for now
Abortions are, for now, legal until 20 weeks after fertilization. A state law banning abortion after six weeks has been enjoined. The case, however, remains open, and court action could remove that injunction, though that could still take weeks or months. The law contains exceptions in cases of rape, incest, to save the life of the pregnant person and in the case of a fatal fetal anomaly.
South Dakota, Illegal
Abortions are now illegal, except to save the life of the pregnant person.
The state’s trigger law prohibits all abortions immediately upon the release of the U.S. Supreme Court’s decision overturning Roe.
Tennessee, Soon to be illegal
Abortions are, temporarily, legal until viability.
The state has a trigger law that will prohibit nearly all abortions 30 days after the U.S. Supreme Court overturns Roe. The law contains an exception to save the life of the pregnant person.
Texas, Illegal
Abortion has been civilly banned after six weeks of pregnancy, except to save the life of the pregnant person, since September. The law is enforced through a private right of action.
The state has a trigger law that will prohibit nearly all abortions 30 days after the U.S. Supreme Court overturns Roe. The law contains an exception to save the life of the pregnant person.
Utah, Soon to be illegal
Abortion will be illegal in almost all cases under the state’s trigger law as soon as the state’s legislative general counsel certifies to the state Legislative Management Committee that the U.S. Supreme Court has overturned Roe. The law contains exceptions for rape, incest, to save the life of the pregnant person and in cases of fatal fetal anomaly or severe brain abnormality.
Vermont, Legal
Abortions are legal throughout pregnancy. State law protects abortion access.
Virginia, Legal
Abortions are legal until the third trimester. The state Supreme Court has not recognized a right to abortion under the state Constitution, and there are no state laws protecting abortion access.
Washington, Legal
Abortions are legal until viability. State law protects abortion access.
West Virginia, Potentially illegal
The state may try to enforce its pre-Roe law, which was found unconstitutional by the 4th Circuit Court of Appeals in 1975. Proponents and opponents of abortion rights disagree whether it can take effect without court action. The pre-Roe law bans all abortions except to save the life of the pregnant person.
Wisconsin, Potentially illegal
Proponents and opponents of abortion rights believe the state’s pre-Roe law, which was determined in a state Supreme Court ruling in 1994 to only apply to feticide, likely is now in effect since it has not been blocked by the courts. Democratic Attorney General Josh Kaul has, however, said he will not enforce it, and has urged local prosecutors to do the same. The pre-Roe law bans all abortions except to save the life of the pregnanet person.
Wyoming, Soon to be illegal
Abortions are, temporarily, legal until viability.
The state’s trigger law will prohibit nearly all abortions shortly after the U.S. Supreme Court overturns Roe. Under the trigger law, the attorney general must review the Supreme Court’s decision and send a report to the governor within 30 days. The governor may then certify the results of the review to the secretary of state’s office, at which point the secretary of state’s office must immediately publish the law’s effective date, which will be five days after receipt of certification from the governor.
Source of the legal status: POLITICO analysis of state laws, interviews with proponents and opponents of abortion rights. Megan Messerly / POLITICO
