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Tracking Where Abortion Is Now Banned

Abortion is now banned in at least nine states, with trigger bans in several more set to take effect in the coming days. Laws in eight states took effect on Friday after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. Oklahoma passed a law in May prohibiting nearly all abortions.

Legal status of abortion without Roe

The New York Times is tracking abortion laws in each state following the court’s decision. About half of states are expected to allow bans or other limits on the procedure to take effect. In other states, the status of abortion isn’t settled. Courts must determine the fate of existing restrictions that were unenforceable under Roe. And legislators in several states are planning special sessions to propose new laws to halt abortion access.

Prohibited

Ban in effect

9 states; 7.2 million women of reproductive age

Likely to be prohibited or restricted

Ban
Gestational limit

12 states; 19.4 million women of reproductive age

Uncertain

Dependent on new law or change in party control

9 states; 11.0 million women of reproductive age

Where abortion is already prohibited or is likely to be banned or restricted

These states have trigger laws that have already or will soon ban abortion following the Supreme Court’s decision; have moved in recent months to restrict abortion in anticipation of the court’s decision; or have existing bans that were temporarily blocked by a judge but could now be enforced.

State
Party control

Legal status of abortion

When in effect

When in effect

Why

Alabama
Gov.Sen.House
Prohibited
Now
Abortion is banned with no exceptions for rape or incest.
Arkansas
Prohibited
Now
Abortion is banned with no exceptions for rape or incest.
Kentucky
Prohibited
Now
Abortion is banned with no exceptions for rape or incest.
Louisiana
Prohibited
Now
Abortion is banned with no exceptions for rape or incest.
Missouri
Prohibited
Now
Abortion is banned with no exceptions for rape or incest.
Oklahoma
Prohibited
Now
The state prohibited abortion at the point of fertilization in May, with exceptions for rape and incest. The law relies on civilian enforcement.
South Dakota
Prohibited
Now
Abortion is banned with no exceptions for rape or incest.
Utah
Prohibited
Now
Abortion is banned with exceptions for rape, incest and to save the life of the woman. Planned Parenthood and the A.C.L.U. have filed a lawsuit in an attempt to block the ban.
Wisconsin
Prohibited
Now
The state has a law from before Roe that bans nearly all abortions and makes performing them a felony. The Democratic governor and attorney general have said they will not enforce the ban.
Idaho
Prohibited
Soon
A trigger law banning nearly all abortions takes effect 30 days after the Supreme Court’s decision.
Mississippi
Prohibited
Soon
A trigger law banning nearly all abortions takes effect within days. A 15-week ban is now in effect.
North Dakota
Prohibited
Soon
A trigger law banning nearly all abortions takes effect 30 days after the Supreme Court’s decision.
Tennessee
Prohibited
Soon
A trigger law banning nearly all abortions, with no exceptions for rape or incest, takes effect 30 days from the Supreme Court’s decision. The state attorney general has filed an emergency motion to ban abortion in Tennessee immediately.
Texas
Prohibited
Soon
A trigger law banning nearly all abortions, with no exceptions for rape or incest, takes effect 30 days from the Supreme Court’s decision. A six-week ban is currently in effect.
West Virginia
Prohibited
Soon
Voters approved an amendment to the state’s Constitution that denies any right to an abortion. Lawmakers may use the amendment to enact a total ban.
Wyoming
Prohibited
Soon
A trigger law banning nearly all abortions takes effect within days of the Supreme Court’s decision.
Ohio
Prohibited or restricted
Now
Abortion is banned after six weeks of pregnancy, after a judge allowed an older law to go into effect.
Arizona
Prohibited or restricted
Weeks or months
The state enacted an abortion ban after 15 weeks, with no exceptions for rape or incest, which takes effect in September. Arizona has an inactive ban from before 1973, but the governor has said the 15-week ban will take precedence.
Florida
Prohibited or restricted
Weeks or months
The state enacted an abortion ban after 15 weeks of pregnancy, which will go into effect on July 1. The state’s high court recognized the right to an abortion in its Constitution three decades ago, but the court has become more conservative, with three of the seven judges appointed by the Republican governor.
Georgia
Prohibited or restricted
Weeks or months
The state enacted a ban on abortion after six weeks of pregnancy, but a court blocked it. The state filed an appeal and a court stayed the case pending the Supreme Court’s decision on Dobbs.
South Carolina
Prohibited or restricted
Weeks or months
The state enacted a ban on abortion after six weeks of pregnancy, but a court blocked it. The state filed an appeal and a court stayed the case pending the Supreme Court’s decision on Dobbs.

Where abortion restrictions are uncertain

Lawmakers in these states have signaled an interest in restricting abortion. In some, the governor or a state constitutional amendment may protect abortion rights in the short term. In others, pre-Roe laws that prohibited abortion before the 1973 decision could be enforced again.

State
Party control

Legal status of abortion

Current limit

Why

Indiana
Gov.Sen.House
Uncertain
22 weeks
The governor will call a special session of the state legislature in early July and legislators may consider new laws restricting abortion. A majority of lawmakers had asked him to do so once Roe was overturned.
Iowa
Uncertain
22 weeks
In June, the state’s high court overruled a 2018 decision that said the right to an abortion was protected under the State Constitution. The state previously enacted a ban on abortion after six weeks, which was permanently blocked by a judge, but abortion opponents are likely to seek its enforcement.
Kansas
Uncertain
22 weeks
The state’s high court ruled that a pregnant woman’s right to personal autonomy is protected in its Constitution. Kansans will decide in August whether its Constitution should be amended to say it contains no right to an abortion.
Michigan
Uncertain
Viability
The state has a law from before Roe that would ban nearly all abortions, but it has been blocked in state court. The Democratic governor and attorney general have also said they will not enforce the ban.
Montana
Uncertain
Viability
The state has a ban after 20 weeks of pregnancy, which is not in effect, but abortion opponents are likely to seek its enforcement. The state’s high court ruled that its Constitution protects the right to an abortion.
Nebraska
Uncertain
22 weeks
A bill to enact a trigger ban failed in the Legislature this year. The governor is expected to call a special session to pass a total ban on abortion.
North Carolina
Uncertain
Viability
The state has an abortion ban enacted before Roe, but it was modified in 1973 to bar the procedure after 20 weeks of pregnancy. The 20-week ban is not in effect, but abortion opponents may seek its enforcement.
Pennsylvania
Uncertain
24 weeks
Abortion is not protected by state law. Republicans currently control the state legislature, but the current Democratic governor has vetoed anti-abortion restrictions.
Virginia
Uncertain
Viability
Abortion will most likely stay accessible, though it is not expressly protected by state law. Split control of the state legislature may prevent significant changes until the next election in 2023.
Note: Nebraska has a unicameral Legislature that is nonpartisan.

Where abortion is likely to remain protected

These states are expected to maintain the right to an abortion, and many are working to expand access to the procedure by requiring insurance to pay for it and increasing the number of abortion providers.

State
Party control

Legal status of abortion

Current limit

Why

Alaska
Gov.Sen.House
No gestational limit
The state’s high court has recognized a right to “reproductive choice” under its Constitution.
Colorado
No gestational limit
State law protects abortion.
Illinois
Viability
The state’s high court has recognized abortion protections under its Constitution, and state law protects the procedure.
Maine
Viability
State law protects abortion.
Massachusetts
24 weeks
The state’s high court has recognized the right to abortion under its Constitution. Recently enacted laws protect abortion and expand access.
Minnesota
Viability
The state’s high court has recognized the right to abortion under its Constitution.
Nevada
Viability
State law protects abortion. The law was affirmed by voters and can only be changed by a voter referendum.
New Hampshire
24 weeks
Abortion will most likely stay accessible, though it is not expressly protected by state law. The state repealed a pre-Roe ban on abortion in 1997.
New Mexico
No gestational limit
Abortion will most likely stay accessible, though it is not expressly protected by state law. State courts have not determined whether New Mexico’s Constitution protects abortion rights.
Rhode Island
Viability
State law protects abortion.
California
Legal and expanded
Viability
State law protects abortion, and lawmakers have introduced bills to make the state a “sanctuary” for those seeking the procedure.
Connecticut
Legal and expanded
Viability
State law protects abortion. A new law expands access to providers and shields both providers and patients from out-of-state lawsuits.
D.C.
Legal and expanded
No gestational limit
Local law protects abortion throughout pregnancy. The city plans to bolster protections, though Congress ultimately oversees the city’s laws.
Delaware
Legal and expanded
Viability
State law protects abortion, and a new law expands access to providers.
Hawaii
Legal and expanded
Viability
State law protects abortion, and a new law expands access to providers.
Maryland
Legal and expanded
Viability
State law protects abortion, and new laws increase access to providers and insurance coverage.
New Jersey
Legal and expanded
No gestational limit
State law protects abortion throughout pregnancy, and the governor has proposed making the state a “sanctuary” for those seeking the procedure.
New York
Legal and expanded
Viability
State law protects abortion. Legislators have proposed other protections, including an amendment to the State Constitution.
Oregon
Legal and expanded
No gestational limit
State law protects abortion throughout pregnancy, and the Legislature approved $15 million to support those seeking the procedure.
Vermont
Legal and expanded
No gestational limit
State law protects abortion throughout pregnancy. In November, voters will decide if the State Constitution should include abortion protection.
Washington
Legal and expanded
Viability
State law protects abortion, and recent laws expand access to providers.
Note: In Alaska, control of the state’s House of Representatives is split between parties.