State by state: Abortion laws across the U.S.
The U.S. Supreme Court on June 24 overturned Roe v. Wade, the 1973 decision that had provided a constitutional right to abortion. The ruling was expected to lead to abortion bans in roughly half the states, although the timing of those laws taking effect varies.
Some Republican-led states banned or severely limited abortion immediately, while other restrictions will take effect later. At least one state, Texas, was waiting until after the Supreme Court issues its formal judgment in the case, which is separate from the opinion issued in June and could take about a month. Nevertheless, the Texas Supreme Court has ruled that a long-dormant 1925 abortion ban is now in effect.
In anticipation of the decision, several states led by Democrats took steps to protect abortion access. The decision also set up the potential for legal fights between the states over whether providers and those who help women obtain abortions can be sued or prosecuted.
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Here is an overview of abortion legislation and the expected impact of the court’s decision in every state, updated as new decisions and laws take place:
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Alabama
Political control: Alabama’s Republican-controlled Legislature and Republican governor want to ban or restrict access to abortions.
What’s happened since Dobbs: Hours after the Dobbs ruling, a judge lifted an order that had blocked a 2019 law with one of the nation’s most stringent abortion bans from being enforced.
What’s in effect: The ban is now in effect. It makes it a felony to perform an abortion at any stage of pregnancy with no exceptions for rape or incest. There is an exception in cases where the woman’s health is at serious risk. The penalty is up to 99 years in prison.
Clinics offering abortions? No.
What’s next: Some Republican lawmakers have said they would like to see the state replace the 2019 ban with a slightly less stringent bill that would allow exceptions in cases of rape or incest. Proponents said the 2019 ban was deliberately strict in the hopes of sparking a court challenge to Roe.
Further reading: Floating abortion clinic proposed in Gulf of Mexico to bypass bans in southern states
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Alaska
Political control: Republicans hold a majority of seats in the Legislature, but the House has a bipartisan coalition majority composed largely of Democrats. Republican Gov. Mike Dunleavy, who believes life begins at conception, is seeking reelection. His main challengers – independent former Gov. Bill Walker, and Democrat Les Gara – have said they would protect abortion rights if elected.
What’s happened since Dobbs: The Legislature ended its regular session before the decision came out, and there has been no push for a special session.
What’s in effect: The state Supreme Court has interpreted the right to privacy in the state constitution as encompassing abortion rights.
Clinics offering abortions? Yes.
What’s next: Voters in the fall will be asked if they want to hold a constitutional convention, a question that comes up every 10 years. Many conservatives who want to overhaul how judges are selected and do away with the interpretation that the constitution’s right to privacy clause allows for abortion rights see an opportunity in pushing for a convention.
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Arizona
Reactions continue to pour in as Attorney General says Arizona's abortion ban can go into effect
The abortion ban, known as ARS 13-3603, dates back to a time when Arizona was a U.S. territory. On June 29, Attorney General Mark Brnovich said the law, which bans most abortions, can now go into effect. FOX 10's Brian Webb reports.
Political control: The GOP controls both chambers of the state Legislature. Republican Gov. Doug Ducey must leave office in January because of term limits.
What’s happened since Dobbs: A judge ruled on Sept. 23 that Arizona can enforce a near-total ban on abortions that has been blocked for nearly 50 years. The judge lifted a decades-old injunction that blocked enforcement of the law on the books since before Arizona became a state. The only exemption to the ban is if the woman’s life is in jeopardy. Another law that bans abortions after 15 weeks takes effect Sept. 24.
What’s in effect: Abortions are outlawed in Arizona unless a woman's life is in danger. Anyone seeking an abortion has to go out of state.
Clinics offering abortions? No.
What’s next: Abortion providers in Arizona said they may appeal the judge's ruling.
Further reading: Arizona AG Brnovich files motion to fully reinstate abortion ban
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Arkansas
Political control: The Legislature and governor’s office are controlled by Republicans. Gov. Asa Hutchinson is term-limited and will leave office in January. Republican nominee Sarah Sanders, press secretary to former President Donald Trump, is widely favored to succeed him in the November election.
What’s happened since Dobbs: A "trigger ban" on most abortions adopted in 2019 went into effect.
What’s in effect: Abortions are banned with the exception of when the procedure is needed to protect the life of the mother in a medical emergency.
Clinics offering abortions? No.
What’s next: Hutchinson favors exceptions in the case of pregnancies caused by rape or incest, but he does not expect to ask lawmakers to consider it at a special legislative session.
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California
Political control: Democrats who support access to abortion control all statewide elected offices and have large majorities in the Legislature.
What’s happened since Dobbs: The day of the Dobbs ruling, Gov. Gavin Newsome signed a bill intended to protect patients or providers from being sued in states that have abortion bans. He has also launched a commitment with Oregon and Washington to defend access to abortion.
What’s in effect: Abortion is legal in California until viability, generally considered to be around 24 weeks.
Clinics offering abortion? Yes.
What’s next: Lawmakers plan to put a constitutional amendment on the ballot in November that would explicitly guarantee the right to an abortion and contraceptives.
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Colorado
Political control: Colorado’s Democratic-controlled Legislature adopted and its Democratic governor signed into law a "fundamental right" to abortions in April.
What’s happened since Dobbs: After the legislature introduced the bill codifying abortion rights, Colorado Governor Jared Polis signed an executive order saying Coloradans will not participate in out-of-state abortion-related investigations.
What’s in effect: Colorado’s Reproductive Health Equity Act declares fundamental rights to abortions at any stage of pregnancy. The law also prohibits local governments from denying, restricting, or depriving individuals of an abortion. State law still prohibits public funding for abortions and requires that minors inform their parents.
Clinics offering abortions? Yes.
What’s next: Republican lawmakers in Colorado have spoken about legislative challenges to the new state law. Colorado clinics are gearing up for an expected wave of out-of-state abortion seekers as surrounding states pass abortion bans.
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Connecticut
Political control: Democrats who control the Connecticut General Assembly support access to abortion, as does the state’s Democratic governor.
What’s happened since Dobbs: A law protecting abortion providers from other states’ bans took effect July 1. It created 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.
What’s in effect: Abortion is legal in Connecticut until viability, generally considered to be around 24 weeks. A law adopted in 2022 allows advanced practice registered nurses, nurse-midwives or physician assistants to perform aspiration abortions in the first 12 weeks of pregnancy.
Clinics offering abortions? Yes.
What’s next: There’s been discussion of amending the state constitution to enshrine the right to abortion, which could take many years.
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Delaware
Political control: Democrats control the governor’s office and the General Assembly and have taken several steps to ensure access to abortion.
What’s happened since Dobbs: The state already had a 2017 law to codify the right to abortion and a 2022 law allowing physician assistants and advanced practiced registered nurses to prescribe abortion-inducing medications. After the ruling, the state adopted another law allowing physician assistants, certified nurse practitioners and nurse midwives to perform abortions before viability that includes legal protections for providers and patients.
What’s in effect: Abortion is legal until viability.
Clinics offering abortions? Yes.
What’s next: With protections in place, no major abortion policy changes are expected.
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District of Columbia
Political control: The local government in the nation’s capital is controlled by Democrats, with a Democratic mayor and the D.C. Council split between Democrats and nominal independent politicians, who are all, invariably, Democrats.
What’s happened since Dobbs: No policy changes have come about since the ruling.
What’s in effect: Abortion is legal at all stages of pregnancy.
Clinics offering abortions? Yes.
What’s next: The D.C. Council is considering legislation that would declare Washington, D.C., a "sanctuary city" for those coming from states where abortion is banned. But because Congress has oversight power over D.C. laws, a future ban or restrictions remain possible depending on control of Congress.
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Florida
Political control: Republicans control the House and Senate and governor’s office, with GOP Gov. Ron DeSantis pledging to "expand pro-life protections" after the Dobbs decision.
What’s happened since Dobbs: Florida’s new 15-week abortion ban law went into effect July 1. The law is the subject of an ongoing lawsuit from abortion providers in Florida but remains in effect.
What’s in effect: The Florida law prohibits abortions after 15 weeks, with exceptions if the procedure is necessary to save the pregnant woman’s life, prevent serious injury or if the fetus has a fatal abnormality. It does not allow exceptions in cases where pregnancies were caused by rape, incest or human trafficking. Violators could face up to five years in prison. Physicians and other medical professionals could lose their licenses and face administrative fines of $10,000 for each violation.
Clinics offering abortions? Yes.
What’s next: The lawsuit against Florida’s 15-week ban is ongoing and is expected to eventually reach the state Supreme Court. Republicans believe the conservative-controlled court will uphold the law.
Further reading: Florida's 15-week abortion ban reinstated after state quickly appeals judge's ruling
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Georgia
Political control: Georgia has a GOP-controlled General Assembly and a Republican governor who support abortion restrictions, but all are up for election this November.
What’s happened since Dobbs: A federal appeals court allowed the state’s 2019 abortion law to be enforced in a July 20 ruling after three years of being on hold.
What’s in effect: The law bans abortion when fetal cardiac activity can be detected and also declares a fetus a person for purposes including income tax deductions and child support. There are exceptions in cases of rape – if a police report is filed – and incest. There are exceptions if a woman’s life or health would be threatened.
Clinics offering abortions? No.
What’s next: The law is being challenged in state court. In addition, some Republican lawmakers and candidates want Georgia to go further and ban abortion entirely, but Gov. Brian Kemp is unlikely to call a special session before November’s general election. Lawmakers are likely to consider further action when they return for their annual session in January. A major factor is whether Kemp is reelected or unseated by Democrat Stacey Abrams in November’s election.
Further reading: Georgia abortion law challenge now focused on ‘personhood’
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Hawaii
Political control: Hawaii’s governor is a Democrat and Democrats control more than 90% of the seats in the state House and Senate.
What’s happened since Dobbs: The law hasn’t changed.
What’s in effect: Hawaii legalized abortion in 1970, three years before Roe v. Wade. The state allows abortion until a fetus would be viable outside the womb. After that, it’s legal if a patient’s life or health is in danger.
Clinics offering abortions? Yes.
What’s next: Democratic lawmakers are considering how they might protect Hawaii medical workers from prosecution or civil litigation from other states for treating residents who aren’t full-time Hawaii residents such as military dependents or college students. Policymakers are paying attention to how the state may increase access to abortion on more rural islands where there is a doctor shortage, for example by boosting training for some nurses who under a new law passed last year are allowed to perform first-trimester abortions.
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Idaho
Political control: Republicans hold supermajorities in the House and Senate and oppose access to abortion, as does the state’s Republican governor.
What’s happened since Dobbs: A ban is scheduled to take effect Aug. 25 that criminalizes all abortions, but allows physicians to defend themselves by showing the procedure was necessary to save a pregnant woman’s life or that it was done in cases of rape or incest. President Joe Biden’s administration has sued over the measure, arguing it conflicts with a federal law requiring doctors to provide pregnant women with medically necessary treatment.
What’s in effect: A law banning abortions once fetal cardiac activity is detected, at about six weeks, took effect Aug. 19. It allows exceptions in cases of rape, incest or medical emergencies. But abortions have effectively been banned in Idaho since Aug. 12, when a law went into effect that allows potential relatives of an embryo or fetus to sue abortion providers.
Clinics offering abortions? No.
What’s next: A federal judge is expected to decide in August whether to put the law criminalizing all abortions on hold while the Biden administration’s lawsuit moves forward in court.
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Illinois
Political control: Illinois is overwhelmingly Democratic with laws providing greater access to abortion than most states. Democrats hold veto-proof supermajorities in the House and Senate, and the Democratic first-term governor seeking reelection this year, J.B. Pritzker, has promoted peaceful protests to protect the right to an abortion.
What’s happened since Dobbs: No major policy changes. Pritzker has called for a special legislative session to expand abortion rights.
What’s in effect: Abortion is legal in Illinois to the point of viability, and later to protect the patient’s life or health.
Clinics offering abortions? Yes.
What’s next: A possible expansion of abortion access rights.
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Indiana
Political control: Indiana has a Republican-dominated Legislature and a GOP governor who favors restricting abortion access.
What’s happened since Dobbs: Indiana became the first state to enact tighter restrictions on Aug. 5. The restrictions took effect Sept. 15, but on Sept. 22, a judge blocked the state's abortion ban from being enforced, putting the new law on hold,
What’s in effect: Indiana's abortion ban is not in effect.
Clinics offering abortions? Yes
What’s next: Indiana's attorney general said they plan to appeal the judge's ruling.
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Iowa
Political control: Iowa has a Republican governor and Republicans have large majorities in both legislative chambers.
What’s happened since Dobbs: Gov. Kim Reynolds has asked state courts to reverse earlier decisions following the U.S. Supreme Court ruling and an Iowa Supreme Court decision that found the state constitution doesn’t guarantee the right to an abortion. Among the cases is a law she signed but was blocked by a district court that would have banned abortion after fetal cardiac activity can be detected.
What’s in effect: A law banning abortions after 20 weeks of pregnancy remains in effect while Reynolds pursues the tougher ban in court, as does a 24-hour waiting period before an abortion.
Clinics offering abortions?: Yes.
What’s next: Reynolds says she will wait for the courts to act on her request to reverse previous rulings before proposing additional restrictions.
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Kansas
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 reelection this year.
What’s happened since Dobbs: Kansas voters on Aug. 2 rejected a proposed amendment to the state constitution that would have given lawmakers the authority to restrict or ban abortion.
What’s in effect: Kansas allows abortion until the 22nd week of pregnancy. After that, abortion is allowed only to save a patient’s life or to prevent "a substantial and irreversible physical impairment of a major bodily function." Stricter laws are on hold after a 2019 state Supreme Court ruling that the state’s constitution grants a fundamental right to abortion.
Clinics offering abortion? Yes.
What’s next: A decisive statewide vote in favor of abortion rights in traditionally conservative Kansas was confirmed with a partial hand recount, with fewer than 100 votes changing after the last county reported results August 21.
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Kentucky
Political control: Republicans have super majorities in the Kentucky House and Senate, and the GOP passed a trigger law in 2019 that imposed a near-total abortion ban. Kentucky’s Democratic governor opposes the ban and notes that it doesn’t provide exceptions for rape or incest.
What’s happened since Dobbs: On Aug. 1, the state court of appeals threw out an injunction from a lower court that blocked Kentucky's abortion ban, allowing it to go into effect. On Aug. 18, the Supreme Court declined to reinstate the injunction.
What’s in effect: Abortion is mostly banned in the state.
Clinics offering abortions? No
What’s next: The state’s highest court has agreed to hear abortion clinics’ challenge to the constitutionality of the abortion ban, as well as a ban on abortions once fetal cardiac activity is detected. Kentuckians are set to vote in November on a constitutional amendment that would ensure there are no state constitutional protections for abortion.
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Louisiana
Political control: Louisiana’s Legislature is controlled by Republicans who passed a trigger law to ban most abortions. Its Democratic governor, who is Catholic, also opposes abortions, though he supports exceptions for victims of rape or incest.
What’s happened since Dobbs: Immediately after the ruling, Louisiana’s three abortion clinics halted abortion procedures as the trigger law went into effect. However, since then, the ban has taken effect and been blocked multiple times in the form of rulings and temporary restraining orders.
What’s in effect: The ban is currently being enforced. Plaintiffs filed an appeal with the Louisiana Supreme Court that would have blocked the ban for a third time, but were denied Friday, Aug. 12.
Clinics offering abortions? No.
What’s next: A state district judge’s order gives attorneys until Aug. 20 to develop plans for a trial on whether the law should be permanently blocked. In Louisiana, where the Legislature has long been dominated by abortion opponents, there is little question that an abortion ban will eventually be in effect.
Further reading: Louisiana abortion ban again blocked by judge
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Maine
Political control: Both chambers of the Maine Legislature, which has adjourned, are controlled by Democrats and the state has a Democratic governor.
What’s happened since Dobbs: Gov. Janet Mills has signed an executive order that bars state agencies from cooperating with other states’ abortion investigations and says extradition attempts in those cases would be denied.
What’s in effect: A 1993 law signed by a Republican governor affirms the right to abortion before the fetus is viable. Abortion is allowed after viability if the health or life of the patient is at risk, or if the pregnancy is no longer viable. Nurse practitioners, physician assistants and other medical professionals may perform abortions.
Clinics offering abortions? Yes.
What’s next: No major changes are expected unless Republican former Gov. Paul LePage unseats Mills in her reelection bid and Republicans take control of both chambers of the Legislature.
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Maryland
Political control: Maryland’s General Assembly is controlled by Democrats who expanded abortion access this year by ending a restriction that only physicians can provide them and requiring most insurance plans to cover abortion care without cost. The legislature overrode Republican Gov. Larry Hogan’s veto of the bill in April.
What’s happened since Dobbs: Nothing changed immediately.
What’s in effect: State law prohibits restrictions to abortion prior to viability. The state approved legislation in 1991 to protect abortion rights if the U.S. Supreme Court ever restricted access; voters approved that right in 1992. Some nurse practitioners, nurse midwives and physician assistants already have received training on medication abortion.
Clinics offering abortions? Yes.
What’s next: Hogan, who will leave office due to term limits in January, has said he will not advance state funds to train non-physicians to provide abortions before it’s required next year.
Further reading: Maryland 2022 Primary: Where each gubernatorial candidate stands on abortion
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Massachusetts
Political control: Democrats control the Massachusetts Legislature and support access to abortion, as does the state’s Republican governor, although they differ on specific policies.
What’s happened since Dobbs: Gov. Charlie Baker signed an executive order on June 24 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 other states pursuing criminal charges. Just over a month later, Baker signed into law a measure intended to protect access to abortion and expand access to emergency contraceptives.
What’s in effect: Recent changes to Massachusetts law allows abortions after 24 weeks of pregnancy in cases where the child would not survive after birth, and lowers from 18 to 16 the age at which women can seek an abortion without consent from a parent or guardian.
Clinics offering abortions? Yes.
What’s next: In liberal Massachusetts, restrictions are unlikely to be adopted.
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Michigan
Political control: Both chambers of Michigan’s Legislature are controlled by Republicans who want to ban or restrict abortion access. The Democratic governor, who is up for reelection this year, supports access.
What’s happened since Dobbs: Abortion remains legal in Michigan after a state judge issued a preliminary injunction in May blocking immediate enforcement of a 1931 law banning nearly all abortions. Michigan’s Legislature has appealed the decision. Abortion rights activists have taken steps to bring a constitutional amendment before voters on the November ballot. The amendment would affirm the right to make pregnancy-related decisions without interference, including about abortion and reproductive services such as birth control.
What’s in effect: The temporary injunction, which stems from a Planned Parenthood lawsuit, blocked the 1931 law from going into effect and has kept abortion legal for now. But the Michigan Court of Appeals has ruled that county prosecutors can enforce the ban, paving the way for abortion to become illegal in some areas.
Clinics offering abortions? Yes.
What’s next: The state's election bureau and board of canvassers still need to verify and validate that the Reproductive Freedom for All ballot initiative submitted at least 425,000 valid signatures before the constitutional amendment officially makes the ballot. The issue is also expected to shape legislative and statewide elections this fall; the Democratic governor and attorney general have made abortion rights a centerpiece of their reelection campaigns.
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Minnesota
Political control: Anti-abortion Republicans control the Senate and Democrats hold the House, but the majorities are slim. Democratic Gov. Tim Walz is stressing his support for abortion rights as he seeks another term.
What’s happened since Dobbs: Minnesota abortion clinics are starting to see a surge of out-of-state patients. On July 11, a state judge further eased access to abortion by striking down as unconstitutional several restrictions such as a 24-hour waiting period and parental notification.
What’s in effect: A Minnesota Supreme Court ruling from 1995 says the state constitution protects abortion rights. Minnesota allows abortions up to the point of viability, typically 24 weeks. However, some legal experts have questioned whether that cutoff would stand up in court.
Clinics offering abortions? Yes.
What’s next: Democrats are making abortion rights a major issue as they seek to hold the governor’s office and House and take control of the Senate. Some Republican candidates are notably trying to downplay the issue.
Further reading: Roe v. Wade: Minnesota becomes 'abortion island' throughout Midwest
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Mississippi
Political control: Mississippi’s Republican-controlled Legislature and Republican governor have pushed for years to ban or restrict access to abortions. A 2018 Mississippi law to ban abortions after 15 weeks was the basis of the case that the U.S. Supreme Court used to overturn Roe v. Wade.
What’s happened since Dobbs: Mississippi’s only abortion clinic, Jackson Women’s Health Organization, did its final abortions July 6 and has permanently closed. The clinic owner said she is selling the building and the clinic’s lawyers have withdrawn a lawsuit challenging a trigger law that bans most abortions.
What’s in effect: The trigger law passed in 2007 is in effect. It allows abortions only if a patient's life is in danger or if a pregnancy was caused by a rape that was reported to law enforcement.
Clinics offering abortions? No.
What’s next: Republican House Speaker Philip Gunn says he will oppose any effort to allow abortion for pregnancies caused by incest because he believes life begins at conception.
Further reading: Mississippi abortion clinic is sold, won’t reopen, owner says
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Missouri
Political control: Both GOP Gov. Mike Parson and the Republican-led General Assembly support laws against abortion.
What’s happened since Dobbs: A 2019 trigger ban on most abortions went into effect.
What’s in effect: The ban makes abortions illegal "except in cases of medical emergency." Performing illegal abortions is punishable by 5 to 15 years in prison.
Clinics offering abortions? No.
What’s next: The city of St. Louis proposed a $1 million fund to help residents travel to neighboring Illinois for abortions, but Missouri Attorney General Schmitt has sued to block it.
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Montana
Political control: The Republicans who control the Montana Legislature and Republican Gov. Greg Gianforte want to limit access to abortion.
What’s happened since Dobbs: The Montana Republican Party updated its party platform to say it opposes all elective abortions. The party rejected a proposal to include an exception for rape or incest.
What’s in effect: Abortion used to be legal in Montana up until viability, or about 24 weeks of pregnancy, but the state Legislature passed a bill in 2021 to reduce that to 20 weeks. That law, along with one that requires chemical abortions to be done with in-person medical supervision, are being challenged in court. A state judge temporarily blocked enforcement in October 2021 while the challenges move through the courts. The Montana Supreme Court on Aug. 9 upheld the temporary injunction. Justices also denied the state’s motion to overturn a 1999 Montana Supreme Court opinion that found the state’s constitutional right to privacy guarantees a woman’s access to abortion care. The justices said they would not take up the merits of the case while ruling on a preliminary injunction.
Clinics offering abortions? Yes.
What’s next: The Montana Supreme Court will issue a decision on the preliminary injunction. The Montana Legislature also passed a referendum to ask voters this November whether they support a state law to require abortion providers to give lifesaving treatment to a fetus that is born alive after a botched abortion. Opponents argue federal law already offers those protections.
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Nebraska
Political control: Nebraska has a Republican governor who favors a full abortion ban with no exceptions for rape or incest. The officially nonpartisan one-chamber Legislature is dominated by lawmakers who identify as Republicans.
What’s happened since Dobbs: Nebraska law has not changed.
What’s in effect: Abortion remains legal up to 20 weeks of pregnancy in Nebraska. Those seeking an abortion must receive counseling and wait 24 hours before getting an abortion. People under 19 must have parental consent to undergo an abortion.
Clinics offering abortions? Yes.
What’s next: Gov. Pete Ricketts remains noncommittal about calling a special session to address abortion, despite many Republican lawmakers pushing to outlaw the procedure. Abortion opponents don’t appear to have the 33-vote supermajority needed to overcome a filibuster waged by abortion-rights supporters.
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Nevada
Political control: Nevada’s governor and state attorney general are Democrats who are up for reelection this year. Democrats control the state Senate and Assembly.
What’s happened since Dobbs: Abortion has become a campaign issue in top state and federal races, and Gov. Steve Sisolak has signed an executive order to protect access to abortion for residents and those from other states.
What’s in effect: Nevada voters enshrined the right to abortion in state law in 1990. A pregnancy can be terminated during the first 24 weeks, and after that to preserve the life or health of the pregnant person. It would take a statewide vote to change or repeal the law. Most Republican candidates for statewide posts say they oppose abortion.
Clinics offering abortions? Yes.
What’s next: Anti-abortion advocates are not expected to try to repeal Nevada’s abortion law. They have said they’ll seek laws requiring waiting periods, mandatory counseling or parental consent.
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New Hampshire
Political control: New Hampshire has a Republican governor and the GOP controls the 424-member Legislature. All legislative seats are up for election in November.
What’s happened since Dobbs: Legislative Democrats have urged Gov. Chris Sununu, who calls himself "pro-choice" to call a special session to codify abortion rights in state law. Sununu and Republican legislative leaders say there’s no need.
What’s in effect: Under a law that went into effect this year, abortion is allowed until 24 weeks of pregnancy, later for the health or life of the patient or if the fetus has been diagnosed with "abnormalities incompatible with life."
Clinics offering abortion? Yes.
What’s next: Republican lawmakers are divided over whether the state should further restrict abortions.
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New Jersey
Political control: Democrats control both houses of the state Legislature. Democratic Gov. Phil Murphy started his second consecutive term this year.
What’s happened since Dobbs: A week after the Supreme Court’s ruling overturning Roe v. Wade, Murphy signed into law two bills aimed at protecting the right to abortion for out-of-state residents and barring extradition to states that have prohibited the procedure. The governor also signed a state budget that includes $45 million to expand family planning and abortion services and security upgrades for clinics. Acting Attorney General Matthew Platkin and U.S. Attorney Philip Sellinger of New Jersey on July 20 announced a partnership to share intelligence about threats to clinics and patients.
Clinics offering abortions: Yes.
What’s next: The state’s Office of Homeland Security and Preparedness is preparing to distribute money from the $5 million Reproductive Health Security Grant program.
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New Mexico
Political control: The Democrats who control the New Mexico Legislature support access to abortion, as does the state’s Democratic governor. Several conservative Democratic state senators who voted against the repeal of the abortion ban in 2019 were ousted from office in 2020 by more socially progressive primary challengers.
What’s happened since Dobbs: Soon after the ruling, Gov. Michelle Lujan Grisham signed an executive order protecting abortion access. The order seeks to block New Mexico providers from being punished in other states for providing abortions to residents of other states.
What’s in effect: Abortion is legal in New Mexico, even in the third trimester.
Clinics offering abortions: Yes.
What’s next: With bans going into place elsewhere, more patients have sought abortions in New Mexico. The Mississippi clinic at the center of the Dobbs decision has moved to New Mexico and is offering abortion services as the Las Cruzes Women's Health organization. Conservative counties are considering anti-abortion resolutions that say clinics are not welcomed. Abortion has taken center stage in the gubernatorial campaign.
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New York
Political control: The Democrats who control the New York Legislature support access to abortion, as does the state’s Democratic governor.
What’s happened since Dobbs: Gov. Kathy Hochul announced $25 million to expand access to abortion services and $10 million in grants to provide security at clinics. Less that two weeks before Dobbs, she signed other measures intended to protect abortion access.
What’s in effect: Abortion is legal in the first 24 weeks of pregnancy, and after that to preserve the patient’s life or health or if the fetus isn’t viable.
Clinics offering abortions? Yes.
What’s next: Some abortion rights advocates are pushing lawmakers to begin the process of passing a constitutional amendment to protect access to abortion.
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North Carolina
Political control: Republicans hold majorities in both chambers of the state’s General Assembly. Democratic Gov. Roy Cooper supports abortion rights, but his veto power could be nullified if Republicans win more seats in November.
What’s happened since Dobbs: A federal judge reinstated a 20-week abortion ban on Aug. 17, saying the U.S. Supreme Court decision erased the legal foundation for his 2019 ruling that had blocked its enforcement. Meanwhile, Cooper signed an executive order that shields out-of-state abortion patients from extradition and prohibits state agencies from assisting other states’ prosecutions of those who travel to North Carolina for the procedure.
What’s in effect: Abortions in North Carolina are no longer legal after 20 weeks of pregnancy, with exceptions for urgent medical emergencies that would endanger a pregnant woman's life or "gravely impair" her health.
Clinics offering abortions? Yes.
What’s next: Republican lawmakers say a successful election season could open the door to further abortion restrictions when the General Assembly reconvenes early next year. The GOP needs to gain five additional seats in November for a veto-proof supermajority. Cooper and other Democrats are making abortion rights a key campaign issue.
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North Dakota
Political control: North Dakota has a legislature dominated by Republicans who want to ban abortion, and the GOP governor had wanted Roe v. Wade wiped off the books in favor of state’s rights.
What’s happened since Dobbs: The ruling triggered a 2007 law to ban most abortions, but a judge blocked enforcement on July 27, the day before it was to kick in.
What’s in effect: Under current law, abortions are legal in the first 20 weeks of pregnancy and after that in the case of rape, incest, or to protect the life of the patient.
Clinics offering abortions? Yes.
What’s next: The state’s only clinic, the Red River Women’s Clinic in Fargo, is fighting implementation of the ban and plans to move to Moorhead, Minnesota, if abortion is outlawed. The order putting enforcement on hold gave the clinic a reprieve.
Further reading: Fargo abortion clinic raises $500K to move to Minnesota
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Ohio
Political control: Both legislative chambers are controlled by Republicans. Republican Gov. Mike DeWine, an abortion opponent, is seeking reelection.
What’s happened since Dobbs: A ban on abortions after the first detectable fetal cardiac activity has taken effect. Clinics dropped a federal lawsuit challenging the law and have filed a challenge under the Ohio Constitution. Republican Attorney General Dave Yost is fighting them.
What’s in effect: A judge temporarily blocked Ohio’s ban on virtually all abortions, again pausing a law that took effect after federal abortion protections were overturned by the U.S. Supreme Court in June. The decision means abortions through 20 weeks’ gestation can continue for now, in keeping with state law in place before the ban.
Clinics offering abortions? Yes.
What’s next: Republican lawmakers will move for a total abortion ban after the November election. Some support recently introduced legislation declaring "personhood" begins at conception. Statehouse plans may change if the Ohio Supreme Court allows the clinics’ state constitutional challenge to proceed.
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Oklahoma
Political control: Republicans in Oklahoma have a supermajority in both chambers of the Legislature and a Republican governor up for reelection this year who has vowed to sign "every pro-life legislation that came across my desk."
What’s happened since Dobbs: Abortion services were halted in the state in May after Gov. Kevin Stitt signed law blocking all abortions with few exceptions. The ruling also triggered a 1910 law that makes it a felony, punishable by two to five years in prison, to perform an abortion or for anyone "advising" or using any "other means whatever" to help a woman obtain an abortion.
What’s in effect: Abortions are banned except to protect the life of a patient. Current laws carry civil penalties, as well as criminal penalties for those who perform an abortion or help a woman get one.
Clinics offering abortions? No.
What’s next: A separate criminal statute takes effect on Aug. 27 that makes it a felony, punishable by up to 10 years in prison and a fine of up to $100,000, to perform an abortion, with an exception only to save the life of the pregnant woman.
Further reading: Oklahoma abortion felony bill signed into law
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Oregon
Political control: The Democrats who control the Oregon Legislature support access to abortion, as does the state’s Democratic governor.
What’s happened since Dobbs: Gov. Kate Brown has said she will protect abortion access for all.
What’s in effect: Oregon does not have any major abortion restrictions and it is legal at all stages of pregnancy.
Clinics offering abortions? Yes.
What’s next: Democratic lawmakers have formed a group to make recommendations to expand access to all forms of reproductive care.
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Pennsylvania
Political control: Republicans who control the Pennsylvania Legislature are hostile to abortion rights, but the state’s Democratic governor is a strong supporter and has vetoed three GOP-penned bills in five years. The race for governor this year could tilt that balance.
What’s happened since Dobbs: No changes in the law or major court battles.
What’s in effect: Pennsylvania allows abortions up to 24 weeks of pregnancy.
Clinics offering abortions? Yes.
What’s next: In November, voters will decide on a new governor between the state’s Democratic attorney general, Josh Shapiro, who supports abortion rights, and Republican state Sen. Doug Mastriano, who supports banning abortion with no exceptions. The Legislature is expected to remain in Republican hands. The state Supreme Court is considering a lawsuit filed by Planned Parenthood and other abortion providers aiming to overturn a 1982 law that bans the use of state dollars for abortion, except in cases of rape, incest or to save the life of the mother. Republican lawmakers are advancing a proposal to amend the state constitution to declare there is no constitutional right to an abortion or to public funding for an abortion. The proposal could go before voters as early as May 2023.
Further reading: Pennsylvania Senate GOP advances constitutional amendment on abortion
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Rhode Island
Political control: Democrats who control Rhode Island’s General Assembly support access to abortion, as does the Democratic governor.
What’s happened since Dobbs: Gov. Daniel McKee signed an executive order prohibiting state agencies from cooperating with other states’ investigations into people who travel to Rhode Island for abortions or health care providers that perform them.
What’s in effect: A 2019 law enshrined abortion protections in the state. The law says Rhode Island cannot restrict abortion prior to fetal viability or after if it is necessary to protect the health or life of the patient.
Clinics offering abortions? Yes.
What’s next: Legislative leaders have said they would address abortion insurance coverage for state employees and people in the Medicaid program in 2023.
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South Carolina
Political control: Both the House and Senate are controlled by Republicans, but they are a few seats short of a two-thirds majority. Republican Gov. Henry McMaster is up for reelection and Democratic opponent Joe Cunningham has said his veto of any stricter abortion bill would likely stick.
What’s happened since Dobbs: The state’s 2021 ban on abortion once cardiac activity is detected — typically around six weeks after fertilization — was allowed to go into effect but then blocked by the state Supreme Court on August 17. A Republican-dominated special House committee is working on a bill to ban all abortions unless the life of the mother is at risk.
What’s in effect: For the time being, abortion is once again legal from 20 weeks of pregnancy in the state.
Clinics offering abortions? Yes.
What’s next: Lawmakers are planning special sessions to consider stricter abortion laws. The Supreme Court will decide whether the 2021 law is permitted under the state constitution’s privacy protections.
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South Dakota
Political control: Both the House and Senate are controlled by Republicans, but they are a few seats short of a two-thirds majority. Republican Gov. Henry McMaster is up for reelection and Democratic opponent Joe Cunningham has said his veto of any stricter abortion bill would likely stick.
What’s happened since Dobbs: The state’s 2021 ban on abortion once cardiac activity is detected — typically around six weeks after fertilization — took effect but was temporarily blocked by the state Supreme Court on Aug. 17 as justices consider its compliance with the state constitution. A Republican-dominated special House committee is working on a bill to ban all abortions unless the life of the mother is at risk.
What’s in effect: With the South Carolina ban on abortion after an ultrasound detects cardiac activity temporarily blocked, the state now permits abortion up to 20 weeks of pregnancy, with exceptions to protect the life of a pregnant woman, or if there is a "fetal anomaly."
Clinics offering abortions? Yes.
What’s next: Lawmakers are planning special sessions to consider stricter abortion laws. The Supreme Court will decide whether the 2021 law is permitted under the state constitution’s privacy protections.
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Tennessee
Political control: Tennessee has a Republican governor who is consistently vocal about his opposition to abortion. The GOP holds a supermajority in the General Assembly and has steadily chipped away at abortion access. Voters approved an amendment in 2014 declaring that the state constitution does not protect or secure the right to abortion or require it to be funded.
What’s happened since Dobbs: A court allowed enforcement of a law, adopted in 2020, that bans abortions after fetal cardiac activity is detected.
What’s in effect: The so-called "heartbeat" ban has exceptions only to prevent death or major health risks.
Clinics offering abortions? Most are not.
What’s next: An even more stringent ban triggered by the Dobbs ruling is to take effect in late August.
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Texas
Political control: The GOP has commanding majorities in the Texas Legislature and has controlled every statewide office for nearly 30 years. Republican Gov. Greg Abbott is up for reelection in November and is favored to win a third term.
What’s happened since Dobbs: The fall of Roe put in motion a trigger law to ban virtually all abortions starting in August. In the meantime, there has been litigation over whether a 1925 state abortion ban can be enforced.
What’s in effect: A 2021 law bans abortions once fetal cardiac activity can be detected, normally around six weeks.
Clinics offering abortions? No.
What’s next: There are legal questions to be settled about which ban is in effect, but nearly all abortions are expected to be illegal soon in the nation’s second most populous state. Some Republican lawmakers are also looking for ways to punish companies that help Texas-based employees get abortions elsewhere, although it’s not clear how much support that would have in the 2023 legislative session.
Further reading: Texas Democrats outline strategies for in-state abortion care in letter to President Biden
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Utah
Political control: Utah is deeply conservative and the Legislature is controlled by a Republican supermajority.
What’s happened since Dobbs: A trigger law banning nearly all abortions was put into effect and then paused by a court amid a legal challenge. Meanwhile, a court allowed a 2021 ban on abortions after 18 weeks to be enforced.
What’s in effect: Abortions after 18 weeks are banned except in cases of rape and incest if those crimes are reported to law enforcement, and if there's a serious risk to the life or health of the mother, as well as confirmed lethal birth defects.
Clinics offering abortions? Yes.
What’s next: A court will decide whether the near-total ban is allowed under Utah’s state constitution.
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Vermont
Political control: Democrats control both the House and Senate of the Vermont Legislature. Republican Gov. Phil Scott is a firm supporter of abortion rights.
What’s happened since Dobbs: Vermont has doubled down on its commitment to abortion rights. In 2019, the Vermont Legislature passed a law guaranteeing abortion rights in anticipation of the possible overturning of Roe. At the same time, the state began the process of amending the state constitution to protect abortion rights. The proposal must be passed by two consecutively elected legislatures, a process that was completed in February 2022. The final step in the process is a statewide referendum, scheduled for November.
Clinics offering abortions? Yes.
What’s next: The vote on the Reproductive Liberty Amendment will be held Nov. 8.
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Virginia
Political control: Virginia has a Republican governor who says he would support new state-level restrictions on abortion. Gov. Glenn Youngkin said that he will seek legislation to ban most abortions after 15 weeks. Youngkin told The Washington Post he has asked four antiabortion Republican lawmakers to draft the legislation. He told the Post that a cutoff at 20 weeks might be necessary to build consensus in the divided Virginia General Assembly, where Republicans control the House and Democrats control the Senate. Youngkin generally supports exceptions to abortion restrictions in cases of rape, incest or when the life of the mother is in danger.
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. Republican victories in the November elections shook up the state’s political landscape, but Senate Democrats defeated several measures that would have limited abortion access during the 2022 legislative session.
Effect of Supreme Court ruling: There was no immediate change to abortion laws in Virginia now that Roe v. Wade has been overturned. Some abortion providers expect to see an uptick in patients seeking care in Virginia from neighboring states with "trigger laws" that would ban abortion.
What’s next: The future of abortion access is Virginia is murky. Senate Democrats say they intend to continue blocking attempts to roll back abortion access, though they control the chamber by the narrowest possible margin and have one caucus member who personally opposes abortion and says he is open to new restrictions. Republicans also have a narrow hold on the House, with several moderate members. Every seat in the General Assembly will be on the ballot in 2023.
Further reading: 'Pro-life' Virginia governor wants law banning abortion after 15 weeks
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Washington
Political control: The Democrats who control the Washington Legislature support access to abortion, as does the state’s Democratic governor.
What’s happened since Dobbs: Gov. Jay Inslee issued a directive barring the Washington State Patrol from cooperating with other state’s investigations related to abortions.
What’s in effect: Abortion is legal in Washington until viability, and after in cases where the patent’s health or life is threatened.
Clinics offering abortions? Yes.
What’s next: Democratic officials say they’ll keep looking for ways to preserve access to abortion services for people within the state and who travel from places with restrictions.
Further reading: 3 Democratic Senators introduce legislation to protect reproductive health care services
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West Virginia
Political control: West Virginia’s Legislature is controlled by Republicans who want to ban or restrict access to abortions. Gov. Jim Justice, a Republican, opposes abortion access and has signed two anti-abortion laws since taking office in 2017.
What's happened since Dobbs: The state's only abortion clinic initially closed out of concern that the staff could be prosecuted under an abortion law that dates to the 1800s. But the Women’s Health Center of West Virginia, in Charleston, announced it would challenge the law and resumed offering abortions. The state's House of Delegates on July 27 passed a sweeping abortion ban that the Senate amended two days later. The House rejected those amendments and sent the bill to a conference committee. Both chambers adjourned but could be called back in August.
What's in effect: Abortion is legal in the first 20 weeks of gestation, longer in cases where the patient's life or health is at risk. Other restrictions include a 24-hour waiting period, required counseling to discourage abortion, parental permission for minors; a ban on the use of telemedicine to administer a medication abortion; and prohibition of abortions on the grounds that the child will be born with a disability.
Clinics offering abortions? Yes.
What's next: Whether the old nearly total ban can be enforced is playing out in courts. At the same time, lawmakers are forging ahead with consideration of a new nearly total ban.
Further reading: Judge rules West Virginia's last abortion clinic can resume services
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Wisconsin
Political control: Wisconsin’s Legislature is controlled by Republicans who want to ban or restrict access to abortions, but the Democratic governor supports access and is up for reelection this year.
What’s happened since Dobbs: Abortion clinics have stopped performing the procedure in Wisconsin under an 1849 law that banned abortions except to save a mother’s life. Attorney General Josh Kaul, a Democrat, has filed a lawsuit in state court challenging the ban. He argues that a 1985 state law prohibiting abortion after a fetus can survive outside the womb trumps the older law. While that lawsuit is pending, anti-abortion groups have said they will work with the Republican-controlled Legislature next year to update or replace the 1849 law.
What’s in effect: Possibly the 1849 ban on all abortions except to save a woman’s life.
Clinics offering abortions? No.
What’s next: The attorney general’s lawsuit against the 1849 law is pending in Dane County.
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Wyoming
Political control: Wyoming has one of the most Republican Legislatures in the U.S. and a Republican governor who in March approved a trigger law banning nearly all abortions.
What’s happened since Dobbs: A trigger ban on nearly all abortions took effect on July 27, only to have enforcement blocked by a court the same day. On August 10, a judge ruled that Wyoming's abortion ban cannot take effect until legal challenges play out in court.
What’s in effect: With enforcement of the new law blocked, Wyoming allows abortions until a fetus would survive outside its mother’s body, around 23 weeks. The new law banning abortion only provides exceptions in cases of rape or incest or to protect the mother’s life or health, not including psychological conditions.
Clinics offering abortions: Yes.
What’s next: Legal arguments will continue on the challenge to the more stringent ban brought by four women and two nonprofits who argue it violates the state constitution. The plaintiffs include organizers of a women’s health and abortion clinic that was damaged in a May 2022 arson attack.