This graphic has been updated to reflect changes in the status of bills in Vermont, Tennessee, South Carolina, Alabama, Missouri and Indiana.
Alabama has created the nation’s strictest abortion ban, the latest attempt to prompt the Supreme Court to reconsider Roe v. Wade. Gov. Kay Ivey (R) signed the bill that makes performing virtually all abortions a crime.
Many other states have created new laws this year to limit abortion or even try to ban it altogether in the hope that the Supreme Court with President Trump’s two appointees will be more likely to approve them.
Most of the new restrictions are in the South and Midwest. In contrast, New York removed old restrictions and affirmed access to abortion. Vermont approved the first step to amend its constitution to protect abortion rights.
Abortion legislation
enacted or pending in 2019
Restrictions
Pending restrictions
Protections
Pending protections
VT
ND
NY
WI
SD
NV
OH
IN
UT
KY
MO
NC
AR
SC
AL
GA
MS
Abortion legislation enacted or pending in 2019
Pending protections
Restrictions
Pending restrictions
Protections
N.D.
Vt.
Wisc.
S.D.
N.Y.
Nev.
Ohio
Utah
Ind.
Mo.
Ky.
N.C.
Ark.
S.C.
Miss.
Ga.
Ala.
The new laws fit the trend over the past two decades of tightening restrictions where abortions were already most limited. That trend is increasing the gap between abortion rights in different regions of the country.
The map below depicts where abortion is currently most protected and restricted as measured by the Guttmacher Institute, a group working for abortion rights.
State abortion policy landscape
More protections
More restrictions
State abortion policy landscape
More protections
More restrictions
Wash.
Maine
N.D.
Mont.
Vt.
Minn.
Ore.
N.H.
Wis.
Mich.
N.Y.
Mass.
Idaho
S.D.
Wyo.
Conn.
—r.i.
Penn.
Iowa
N.J.
Neb.
Nev.
Ind.
Md.
Ohio
Del.
Ill.
Utah
Colo.
W.Va.
Calif.
Va.
Kan.
Mo.
Ky.
N.C.
Tenn.
Okla.
Ariz.
Ark.
S.C.
N.M.
Miss.
Ala.
Ga.
La.
Texas
Fla.
Alaska
Hawaii
State abortion policy landscape
More protections
More restrictions
Wash.
Maine
N.D.
Mont.
Vt.
Minn.
Ore.
N.H.
Wis.
Mass.
Idaho
S.D.
N.Y.
—r.i.
Wyo.
Mich.
Conn.
Penn.
Iowa
Neb.
N.J.
Nev.
Ind.
Md.
Ohio
Del.
Ill.
Utah
Colo.
W.Va.
Calif.
Va.
Kan.
Mo.
Ky.
N.C.
Tenn.
Okla.
Ariz.
Ark.
S.C.
N.M.
Miss.
Ala.
Ga.
La.
Texas
Fla.
Alaska
Hawaii
Each state’s rating is based on six key abortion restrictions and six protections for access.
A state with all the restrictions and no protections would have the highest restriction value. Seven states have that maximum level.
A state with all of the protections and no restrictions would have the highest protection rating. Only California has all six.
The differences have become more extreme over time. No state had all six protections or restrictions in 2000 or 2010.
State abortion policy since 2000
More protections
More restrictions
2000
2000
2000
2010
2010
2010
2019
2019
2019
Ariz.
Ill.
N.C.
Ark.
Maine
Penn.
Ind.
Mass.
Virg.
La.
Alaska
Wis.
Miss.
Hawaii
Ga.
Mo.
Mich.
Md.
S.D.
R.I.
Minn.
Ala.
W. Va.
Vt.
Ky.
Fla.
Conn.
N.D.
Idaho
Mont.
Ohio
Iowa
N.J.
Okla.
Kan.
N.M.
S.C.
Wyo.
N.Y.
Tenn.
Del.
Ore.
Texas
N.H.
Wash.
Utah
Colo.
Cal.
Neb.
Nev.
State abortion policy since 2000
More protections
More restrictions
Sorted by 2019 scores
Arizona
North Carolina
Illinois
Arkansas
Pennsylvania
Maine
Indiana
Virginia
Massachusetts
Louisiana
Wisconsin
Alaska
Mississippi
Georgia
Hawaii
Missouri
Michigan
Maryland
South Dakota
Rhode Island
Minnesota
Alabama
West Virginia
Vermont
Kentucky
Florida
Connecticut
North Dakota
Idaho
Montana
Ohio
Iowa
New Jersey
Oklahoma
Kansas
New Mexico
South Carolina
Wyoming
New York
Tennessee
Delaware
Oregon
Texas
New Hampshire
Washington
Utah
Colorado
California
Nevada
Nebraska
State abortion policy since 2000
More protections
More restrictions
Sorted by 2019 scores
2000
’10
’19
2000
’10
’19
2000
’10
’19
Arizona
North Carolina
Illinois
Arkansas
Pennsylvania
Maine
Indiana
Virginia
Massachusetts
Louisiana
Wisconsin
Hawaii
Mississippi
Georgia
Alaska
Michigan
Missouri
Maryland
Rhode Island
South Dakota
Minnesota
West Virginia
Alabama
Vermont
Florida
Kentucky
Connecticut
Idaho
North Dakota
Montana
Iowa
Ohio
New Jersey
Kansas
Oklahoma
New Mexico
Wyoming
South Carolina
New York
Delaware
Tennessee
Oregon
New Hampshire
Texas
Washington
Colorado
Utah
California
Nevada
Nebraska
State abortion policy since 2000
More protections
More restrictions
Sorted by 2019 scores
2000
’10
’19
2000
’10
’19
2000
’10
’19
Arizona
North Carolina
Illinois
Arkansas
Pennsylvania
Maine
Indiana
Virginia
Massachusetts
Louisiana
Wisconsin
Hawaii
Mississippi
Georgia
Alaska
Michigan
Missouri
Maryland
Rhode Island
South Dakota
Minnesota
West Virginia
Alabama
Vermont
Florida
Kentucky
Connecticut
Idaho
North Dakota
Montana
Iowa
Ohio
New Jersey
Kansas
Oklahoma
New Mexico
Wyoming
South Carolina
New York
Delaware
Tennessee
Oregon
New Hampshire
Texas
Washington
Colorado
Utah
California
Nevada
Nebraska
Going beyond those specific restrictions and protections, a total of 660 abortion limits or bans have been imposed since 2001 and 33 efforts to improve access.
Protections and restrictions
enacted by year
Protections
Restrictions
15
2001
10
’02
2
21
’03
12
’04
2
31
’05
10
’06
2
In 2011 there were 93
abortion restrictions
enacted in 24 states.
23
’07
4
11
’08
28
’09
36
’10
Indiana (9)
93
’11
Kansas (15)
43
’12
3
69
’13
26
4
’14
Arkansas (16)
57
’15
3
50
’16
63
’17
13
23
’18
5
Oklahoma (15)
39
’19
5
Protections and restrictions enacted by year
Delaware (6)
Protections
2
2
2
4
3
4
3
13
5
5
2001
’02
’03
’04
’05
’06
’07
’08
’09
’10
’11
’12
’13
’14
’15
’16
’17
’18
’19
15
10
21
12
31
10
23
11
28
36
93
43
69
26
57
50
63
23
39
Restrictions
Oklahoma (15)
Arkansas (16)
Indiana (9)
In 2011 there were 93 abortion
restrictions enacted in 24 states.
Kansas (15)
Protections and restrictions enacted by year
Delaware (6)
Protections
2
2
2
4
3
4
3
13
5
5
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
15
10
21
12
31
10
23
11
28
36
93
43
69
26
57
50
63
23
39
Restrictions
Oklahoma (15)
Arkansas (16)
Indiana (9)
In 2011 there were 93 abortion
restrictions enacted in 24 states.
Kansas (15)
Many states have sought to overturn the national protection of abortion established by the Supreme Court more than 45 years ago in Roe v. Wade. Those states have enacted bans on many or most abortions. Supreme Court blessing of a ban would overturn the Roe standard. So far, all of those laws have been blocked by the courts on grounds that they are unconstitutional.
At the supreme court
On the docket
No cases
Fully litigated, lower court rulings upheld
if SCOTUS does not take case
Stay issued by lower courts,
could be sent back for litigation
Indiana reasons and burial
Indiana waiting period
may reach the supreme court
Kentucky six-week ban
Mississippi 15-week ban
Cases pending in lower courts
Georgia six-week ban
Mississippi six-week ban
Not yet in court
At the supreme court
may reach the supreme court
On the docket
Cases pending in lower courts
Fully litigated, lower court rulings upheld
if SCOTUS does not take case
Not yet in court
Stay issued by lower courts,
could be sent back for litigation
Louisiana hospital privileges
A Louisiana law requires abortion providers to have hospital admitting privileges. The law resembles a Texas law struck down by Supreme Court in 2016. The court voted 5-4 in February to impose an emergency block on this law so there is a fair chance the court will take the case. The law had been upheld by an appeals court, so if the Supreme Court does not take it the restriction would go into effect.
Alabama procedure
Alabama banned the type of procedure most often used in cases after about 15 weeks of pregnancy. A trial court and appeals court ruled the ban unconstitutional. The state has appealed to the Supreme Court.
Indiana waiting period
An Indiana law requires an ultrasound 18 hours before the abortion procedure, essentially requiring a two-day process. The case that stemmed from it was blocked by an appeals court. The state is seeking to let the law go into effect while objections are litigated. The Supreme Court forged a compromise over another Indiana law that state had asked the court to consider. Without a full hearing, the Supreme Court allowed a portion of an Indiana law to take effect that requires burial or cremation of fetal tissue. But the court declined to hear the state’s appeal on a part of the law that blocked abortions for some reasons, such as because of a potential disability. An appeals court said that law was unconstitutional and the Supreme Court declined to review the decision.
Mississippi 15-week ban
Last year, Mississippi banned all abortions after 15 weeks of pregnancy. A federal court ruled the ban unconstitutional. The state appealed to the Circuit Court. A decision there could be appealed to the Supreme Court.
Kentucky six-week ban
A 2019 Kentucky law that would ban abortions after six weeks of pregnancy was blocked in the courts. The case has not yet been appealed.
Bans passed this year
Several states have passed new bans or restrictions this year, including Georgia and Mississippi bans on abortions after six weeks. Alabama passed a ban on almost all abortions. Those cases have not yet gone to court.
Sources: Guttmacher Institute, ACLU Reproductive Freedom project, Center for Reproductive Rights, Americans United for Life, NARAL Pro-Choice America
About this story: For the assessment of abortion access state-by-state by the Guttmacher Institute, the six key restrictions include bans on many or most abortions, required counseling or waiting periods, restriction on Medicaid funding, prohibition of telemedicine for administering an abortion pill, required parental involvement for patients younger than 18 and specific restrictions on abortion clinics.
The protections include support in the state constitution, legal standards protecting access, Medicaid coverage, permission for physician assistant or other providers, required private insurance coverage and protection for clinics.
For 2019 law changes on abortion restrictions or protections, bills were filed in many more state legislatures. The designation of “pending” refers to states that have passed bills out of at least one chamber. The restrictions include bans, partial bans restrictions, but not “trigger” laws that go into effect only if Roe v. Wade is overturned.
