These states have banned abortion. Here’s what abortion laws will likely be in every state
When the Supreme Court released its decision on Dobbs v. Jackson Women’s Health on Friday, it simultaneously overturned the landmark Roe v. Wade case that protected the nationwide right to abortion.
That leaves the question of abortion rights up to state governments to decide.
Multiple states already have “trigger laws” in place that automatically banned abortion access in anticipation of an eventual Supreme Court ruling on Roe. And reproductive health care is expected to become even more limited as other states put forth their own abortion bans.
Here are the states that have already banned abortion, those expected to ban abortion, as well as the states that have moved to protect it, and the states where the fate of abortion is unknown.
Abortion is banned
Alabama
Alabama does not have a trigger law, but its officials are now enforcing a 2019 law that makes performing an abortion a felony. Governor Kay Ivey said Friday the state would “immediately ask the court to strike down any legal barriers to enforcing this law.” A judge lifted an injunction that prevented that law from going into effect.
Arkansas
Arkansas Attorney General Leslie Rutledge certified a trigger law Friday afternoon, banning all abortions except to save the life of the mother and making no exception for rape or incest. Now, anyone who performs an abortion risks a felony charge with a $100,000 fine or at least 10 years in prison, but the law will not charge someone for seeking the procedure.
Kentucky
Kentucky passed a trigger law in 2019 to ensure that abortion would be deemed illegal in the state “effective immediately” upon a Supreme Court overturn. According to the ACLU’s Kentucky office, the state’s only abortion clinic has stopped offering services “as a precaution," and abortion is effectively banned.
Louisiana
Louisiana’s trigger law has been on the books since 2006. On Tuesday, Gov. John Edwards updated the law to provide exceptions for infant fatality and ectopic pregnancies. The update simultaneously instituted greater penalties on abortion providers.
Missouri
Missouri’s Attorney General Eric Schmitt signed an opinion on Friday to allow its trigger law from 2019 to go into effect.
Ohio
In 2019, Ohio passed its own “heartbeat” law, which Gov. Mike DeWine signed into law. Federal courts stopped the law from going into effect. With Roe’s overturn, DeWine and the state’s Attorney General Dave Yost are sought to lift the stay. A six-week abortion ban is now law.
Oklahoma
Even before a decision was made on Roe v. Wade, Oklahoma has banned nearly all abortions since the state lawmakers approved a bill in late May. On top of that, the state has a trigger law that the attorney general certified late Friday.
South Dakota
South Dakota passed its trigger law in 2005, and it went into effect immediately after Roe was overturned, according to the Guttmacher Institute, a research organization seeking to advance reproductive health rights. It reads: “This Act is effective on the date that the states are recognized by the United States Supreme Court to have the authority to regulate or prohibit abortion at all stages of pregnancy.”
Texas
Texas passed its trigger law last year. Like Idaho’s, the state’s abortion ban will go into effect 30 days after the Supreme Court ruling, but clinics have stopped providing abortions, making it effectively banned. Ken Paxton, the state's attorney general, issued an advisory Friday that previously unenforceable laws were now in full effect. “Under these pre-Roe statutes, abortion providers could be criminally liable for providing abortions starting today," he wrote.
Utah
Utah’s trigger law has gone into effect. Under the ban, an exception can only be made if the mother’s life is at risk or if the pregnancy was the result of rape or incest. Planned Parenthood of Utah is trying to block the abortion ban.
Where abortion could be banned within days
Mississippi
Mississippi’s abortion ban will go into effect once the state’s Attorney General certifies it. The law would then go into effect in 10 days.
North Dakota
North Dakota’s Attorney General Drew Wrigley was evaluating the Supreme Court’s decision as of Friday afternoon. Once he certifies it, the state’s abortion ban will go into effect.
Tennessee
Tennessee’s Attorney General Herbert Slatery filed an emergency motion Friday asking the 6th Circuit Court of Appeals to lift an injunction on a 6-week abortion ban from 2020. The 6th Circuit could make a decision as soon as Friday, much earlier than expected. Separately, Tennessee has a trigger law that takes effect 30 days after Roe is overturned and bans nearly all abortions regardless of gestational age.
View this interactive chart on Fortune.com
Where there will likely be abortion bans later this year
Idaho
Idaho’s abortion ban from 2020 is one of several that will go into effect 30 days after the Supreme Court ruling. The trigger law only allows abortions in cases of rape, incest, and if the mother’s life is at risk.
Wyoming
Wyoming’s trigger law requires that Gov. Mark Gordon certifies the ruling, which the state’s Attorney General has 30 days to report to the state’s joint judiciary interim committee. Once Gordon certifies it, the law will go into effect in five days.
Arizona
In March, Arizona Gov. Doug Ducey signed a law that limits abortions to before 15 weeks except if necessary to save the mother’s life. It will likely go into effect this fall, 90 days after the state’s legislative session.
Florida
Starting in July, a Florida law signed this spring will prohibit abortions after 15 weeks in the state.
Georgia
In 2019, Georgia passed a law banning abortions six weeks after conception. A district court ruled in favor of an injunction brought on by the ACLU, Planned Parenthood, and the Center for Reproductive Rights, stopping the law from going into effect in 2020. The state appealed that decision to a federal court, which stayed the case pending the Supreme Court’s ruling on Dobbs. With that decision now handed down, it’s likely the state’s original law will now take effect.
Indiana
In March, Republican lawmakers in Indiana asked Gov. Eric Holcomb to call a special session on abortion in advance of a Supreme Court ruling. Earlier this month, Holcomb called for a special session on inflation, which now appears likely to address abortion as well.
“The Supreme Court’s decision is clear, and it is now up to the states to address this important issue,” wrote Indiana Gov. Holcomb on Friday. “We’ll do that in short order in Indiana.” The special session convenes July 6.
Iowa
This month, the Iowa Supreme Court ruled that the state’s constitution does not protect abortion as a fundamental right, overturning a previous decision from 2018. In 2019, Republican lawmakers in the state passed legislation banning abortions after a fetal heart can be detected, something that can happen as early as six weeks into a pregnancy. Though a court blocked that law from taking effect, it’s possible that new legislation will now pass more easily.
South Carolina
Last year, South Carolina also enacted a “heartbeat” law that was blocked from going into effect by a federal court, pending the Supreme Court’s Dobbs decision. It’s likely the law will now take effect.
West Virginia
In 2018, West Virginia voters approved an amendment to the state’s constitution to affirm that it does not protect abortion as a fundamental right. The state also has a pre-Roe ban that could now be enforced again. “I applaud the Supreme Court’s courageous decision today,” wrote Gov. Jim Justice on Twitter on Friday. “I will not hesitate to call a special session after consulting with the Legislature and my legal team if clarification in our laws needs to be made,” he added.
The likelihood of abortion access or restrictions is unclear
A few states have no laws in place that explicitly preserve abortion access, leaving them vulnerable to changes in party seats during the imminent midterm election season. Others have protections that risk getting overruled. These states include:
Kansas
The Kansas constitution recognizes and protects the right to an abortion, the state’s Supreme Court ruled in 2019. But voters could remove that protection through a constitutional amendment when a statewide referendum is held in August.
Michigan
Michigan currently has a 1931 law in place that bans abortion except in cases where the mother’s life is put in danger. A court recently placed an injunction on the law to ensure that it would not be enforced with the overturning of Roe. Though the state’s Democratic governor and attorney general have both said they would not enforce the ban, that could change following elections this fall.
Montana
Since 1999, Abortion has remained legal in Montana due to protections under its state constitution. Its Republican Attorney General Austin Knudsen has asked the state’s Supreme Court to overturn that decision. The state is also grappling with a series of abortion restrictions passed last year. They were blocked and will stay in limbo until abortion rights are no longer constitutionally protected in the state.
Nebraska
Nebraska’s Republican Gov. Pete Ricketts said in May he planned to call a special session if Roe v. Wade is overturned. He reacted to the news Friday in a statement, “I will be working with our legislative leaders to determine what more we can do to protect our preborn babies.” Yet a filibuster blocked the legislature’s attempt to push through a trigger law in April.
North Carolina
The state’s Democratic Gov. Roy Cooper has vetoed several restrictive abortion laws and vowed in May he would continue to do so with any abortion ban bill. But Cooper is up for reelection in 2024, and Republicans control both chambers of the state legislature.
Pennsylvania
Gov. Tom Wolf has vetoed multiple anti-abortion bills over the past few years from Pennsylvania’s Republican-controlled legislature and pledged to keep abortion rights legal in the state. The term-limited governor leaves his office in January.
Virginia
In 2022, Virginia failed to pass seven anti-abortion bills. The state’s pro-life Gov. Glenn Youngkin said Friday he has asked legislators to “be prepared to introduce legislation when the General Assembly returns in January.”
Wisconsin
Wisconsin currently has a law in place from 1849 that bans abortions except in cases where it saves the mother’s life. After the Supreme Court's Roe decision was leaked last month, the state’s Attorney General Josh Kaul said he would not enforce it. A recent attempt by Democratic Gov. Tony Evers to repeal the law failed when Republican lawmakers convened and adjourned a special session that Evers called about the law without taking action.
Where abortion will likely be protected
These states do not explicitly protect the right to an abortion by state law but are expected to maintain abortion access.
New Hampshire
Last year, New Hampshire Governor Chris Sununu signed a ban on abortions after 24 weeks but later added an exception. On Friday, the governor confirmed in a statement that “Regardless of this Supreme Court decision, access to these services will continue to remain safe, accessible, and legal in New Hampshire.”
New Mexico
On Friday, New Mexico Governor Michelle Lujan Grisham pledged to “continue to fight like hell to ensure every New Mexico woman has access to reproductive health care.”
Where abortion will be protected by state law
Twenty-one states and Washington D.C. currently have protections in place to keep the right to an abortion legal regardless of the Supreme Court decision, according to the Center for Reproductive Rights. Of those states, three—Montana, Florida, and Kansas—have faced challenges in court over that access. The remainder, often called “haven states,” are considered places where abortion is likely to stay protected and include:
Alaska
California
Colorado
Connecticut
Delaware
Hawaii
Illinois
Maine
Maryland
Massachusetts
Minnesota
Nevada
New Jersey
New York
Oregon
Rhode Island
Vermont
Washington
Please check back for updates
This story was originally featured on Fortune.com
