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Overturning Roe v Wade: Abortion Laws by State


— July 4, 2022

The Supreme Court strikes down Roe v. Wade. Here’s where each state stands.


Roe v. Wade, which protected a patient’s ability to get an abortion, was struck down on June 24, 2022. This pushed issue of abortion back to the states, and the ability to get an abortion is going to vary. Below are the laws in each of the 50 states and where they currently stand or will stand once the measures go into effect.

Alabama

A previous law in Alabama, enacted in 1951 that banned abortion, always existed. It could not be enforced because of Roe v. Wade being enacted. Now that it’s overturned, this law automatically goes into effect. Abortion is completely illegal, with no exceptions for rape or incest. Only if the patient’s life is at risk is it allowed.

Alaska

In Alaska, abortion is legal in any stage of pregnancy. Abortion has been legal in this state since 1967, which is well before Roe v. Wade came before the Supreme Court.

Arizona

Before Roe, abortion was banned in Arizona except where the patient’s life was in danger. Once the Supreme Court ruled on Roe v Wade in 1973, this law could not be enforced. This enabled women in the state to get an abortion until about 20 weeks. However, now with Roe struck down, a 15-week ban is going to go into effect by the end of September 2022.

It remains to be seen if the original pre-Roe v Wade abortion ban will be enforced.

Arkansas

Now that Roe v Wade is overturned, a trigger law signed into law back in 2021 has officially become law. Even in cases of rape or incest, abortion is illegal. It’s only allowed if it’s necessary to save the life of the mother.

Photo by João Paulo de Souza Oliveira from Pexels

California

In the state of California, abortion is completely legal until a fetus is viable outside the womb. This is normally about 23 or 24 weeks.

Colorado

Abortion is legal throughout the entire pregnancy in the state of Colorado. It’s protected by state law.

Connecticut

It’s legal for a patient to get an abortion in the state of Connecticut until week 23 or 24 of the pregnancy when a fetus is viable outside the womb.

Delaware

It’s legal for a patient to get an abortion in the state of Delaware until week 23 or 24 of the pregnancy when a fetus is viable outside the womb.

Florida

Until July 1, 2022, abortion was legal in Florida up to the 24th week. Now, it will be legal only until the 15th week of pregnancy.

Georgia

For the moment, abortion is legal in Georgia until the 22nd week of pregnancy. In 2019, a law that banned abortions after six weeks was passed but legal challenges kept it from being put fully into effect. With Roe v. Wade now overturned, the ban on abortions after six weeks could become law.

Hawaii

It’s legal for a patient to get an abortion in the state of Hawaii until week 23 or 24 of the pregnancy when a fetus is viable outside the womb.

Idaho

For about 30 days following the overturning of Roe, abortion will be legal in Idaho until week 23 or 24 of the pregnancy when a fetus is viable outside the womb. Once those 30 days are up, abortion is illegal except in cases of rape, incest, and danger to the patient’s life.

Illinois

A patient can get an abortion until 24 weeks of pregnancy in the state of Illinois.

Indiana

In the state of Indiana, a patient can get an abortion until the 22nd week of pregnancy. However, now that Roe is overturned that could change in the coming weeks/months.

Iowa

In the state of Iowa, a patient can get an abortion until the 22nd week of pregnancy. However, a 6th week abortion ban that was passed in 2018 and then blocked could become law.

Kansas

In the state of Kansas, a patient can get an abortion until the 22nd week of pregnancy. This could change in August when voters decide if the state constitution should say there isn’t a right to an abortion.

Kentucky

Abortion was illegal in Kentucky with no exceptions for rape or incest because of a trigger law passed in 2019. The only exception is if the life of the mother is in danger. A judge has currently blocked it, but this is subject to change.

Louisiana

Because of a trigger law signed in 2006, abortion was illegal in Louisiana with no exceptions for rape or incest. The only exception is if the life of the patient is at risk. A judge has currently blocked it, but this is subject to change.

Maine

A patient can get an abortion until week 23 or 24 of the pregnancy when a fetus is viable outside the womb in the state of Maine.

Maryland

A patient can get an abortion until week 23 or 24 of the pregnancy when a fetus is viable outside the womb in the state of Maryland.

Massachusetts

In the state of Massachusetts, a patient can get an abortion until the 24th week of pregnancy.

Michigan

For the time being, a patient can get an abortion until week 23 or 24 of the pregnancy when a fetus is viable outside the womb in the state of Michigan. Because of a pre-Roe law being on the books that bans all abortions except if the patient’s life is at risk, this is subject to change.

Minnesota

It’s legal for a patient to get an abortion in the state of Minnesota until week 23 or 24 of the pregnancy when a fetus is viable outside the womb.

Mississippi

For the time being a patient can get an abortion until the 14th week of pregnancy in the state of Mississippi. However, a trigger law will take effect in a matter of days, which will ban all abortion except in cases of rape, incest, or the life of the patient.

Missouri

Abortion is now illegal, even in cases of rape or incest, in the state of Missouri except if the life of the patient is at risk.

Montana

It’s legal for a patient to get an abortion in the state of Montana until week 23 or 24 of the pregnancy when a fetus is viable outside the womb.

Nebraska

Abortion is legal until the 20th week of pregnancy in the state of Nebraska. However, the current governor has said a total abortion ban is possible now that Roe v. Wade is overturned.

Nevada

In the state of Nevada, a patient can get an abortion until the 24th week of pregnancy.

New Hampshire

In the state of New Hampshire, a patient can get an abortion until the 24th week of pregnancy.

New Jersey

A patient can get an abortion in New Jersey at all stages of pregnancy.

New Mexico

A patient in New Mexico can get an abortion at all stages of pregnancy.

New York

In the state of New York, a patient can get an abortion until the 24th week of pregnancy.

North Carolina

It’s legal for a patient to get an abortion in the state of North Carolina until week 23 or 24 of the pregnancy when a fetus is viable outside the womb. However, this could change in the coming weeks/months due to pending legal action.

North Dakota

Until July 28th, 2022, abortion is legal in North Dakota up to the 20th week of pregnancy. After this date, a trigger law is going to kick in that bans abortions completely with exceptions being in cases of rape, incest, and if the mother’s life is in danger.

Ohio

Abortion will very soon only be legal until the 6th week of pregnancy in Ohio.

Oklahoma

In Oklahoma, abortion is now banned completely except in cases of rape, incest, or if the life of the patient is in danger.

Oregon

A patient can get an abortion in Oregon at all stages of pregnancy, which is protected by state law.

Pennsylvania

In the state of Pennsylvania, a patient can get an abortion until the 24th week of pregnancy.

Rhode Island

It’s legal for a patient to get an abortion in the state of Rhode Island until week 23 or 24 of the pregnancy when a fetus is viable outside the womb.

South Carolina

While abortions are currently legal until the 20th month of pregnancy in South Carolina, a law banning abortions past six weeks is likely to be reinstated after being blocked by the courts.

South Dakota

Because of a trigger law that was passed in 2005, abortions are now banned in South Dakota with the only exception being if the life of the patient is at risk.

Tennessee

Because of a trigger law passed in 2019, abortion in Tennessee will be banned now that Roe v. Wade has been overturned, in all cases except if the life of the patient is at risk.

Texas

Currently, abortion is only allowed until the 6th week of pregnancy in Texas. Soon after Roe is overturned, abortion will be illegal except if the life of the patient is at risk.

Utah

Abortion was now illegal in Utah because of a trigger law that has now gone into effect. The only exception is in cases of incest, rape, the life of the patient being at risk, or the fetus being deformed. A judge has temporarily blocked it, but this is subject to change.

Vermont

A patient in Vermont can get an abortion at all stages of pregnancy.

Virginia

In Virginia, a patient can get an abortion until the 25th week of pregnancy.

Washington

It’s legal for a patient to get an abortion in the state of Washington until week 23 or 24 of the pregnancy when a fetus is viable outside the womb.

Washington D.C.

Abortion is legal in all stages of pregnancy in the District of Columbia.

West Virginia

Because of a pre-Roe abortion ban being on the books in West Virginia, abortion is now illegal in the state. The only exception is if the life of the patient is at risk.

Wisconsin

While abortion is legal in the state for now, because of a pre-Roe abortion ban that was enacted all the way back in 1849, abortion could soon be completely banned in Wisconsin.

Wyoming

Abortion will be illegal thanks to a trigger law by the end of July. The only exceptions are incest, rape, and if the life of the patient is at risk.

Sources:

Abortion law tracker: See where the procedure is currently legal, banned or restricted in the U.S.

Tracking where abortion laws stand in every state

Tracking the States Where Abortion Is Now Banned

Where abortion stands in your state: A state-by-state breakdown of abortion laws

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