If the Supreme Court overturns the nearly 50-year-old federal legal protection for abortion in Roe v. Wade, 52 percent of women of childbearing age in the United States would live in states where their right to the procedure is imperiled.
How state laws would change for 64.4M women ages 15 to 44 if Roe v. Wade is overturned
“Trigger”
laws take
effect
Other
restrictions
take effect*
Broad access
to abortion
for now
21%
31%
48%
13.7M
women
19.8M
women
30.8M
women
*Includes states with near-total abortion bans, six-week bans, 15-week bans and bans passed before Roe took effect
Source: Guttmacher Institute, Post research, Centers for Disease Control and Prevention
How state laws would change for 64.4M women ages 15 to 44 if Roe v. Wade is overturned
“Trigger” laws
ban most
abortions
Other
restrictions
take effect*
Broad access
to abortion
for now
21%
31%
48%
13.7M
women
19.8M
women
30.8M
women
*Includes states with near-total abortion bans, six-week bans, 15-week bans and bans passed before Roe took effect
Source: Guttmacher Institute, Post research, Centers for Disease Control and Prevention
How state laws would change for 64.4M women ages 15 to 44 if Roe v. Wade is overturned
“Trigger” laws
immediately ban
most abortions
Other restrictive
laws set to
take effect*
Broad access
to abortion
for now
21%
31%
48%
13.7M women
19.8M women
30.8M women
*Includes states with near-total abortion bans, six-week bans, 15-week bans and bans passed before Roe took effect
Source: Guttmacher Institute, Post research, Centers for Disease Control and Prevention
To visualize the scope of these laws, let’s look at the roughly 862,000 abortions in 2017, the most recent year of data provided by the nonprofit Guttmacher Institute, which researches and supports reproductive rights.
Twelve percent took place in states that have trigger bans, laws passed that would immediately outlaw most abortions in the first and second trimesters if Roe were overturned. (Those states are already some of the most restrictive.) And 27 percent occurred in states that plan to enact other new restrictions.
Where abortions occurred in 2017, by post-Roe status
Number of abortions in the U.S. in 2017, by whether they would be protected or restricted if the Supreme Court were to strike down Roe v. Wade
“Trigger” laws
13 states, 102K abortions
Other restrictions*
14 states, 235.9K abortions
Broad access
23 states + D.C., 524.5K abortions
Tex.
Fla.
N.C.
Ohio
AZ
55.4K
71.0K
29.5K
20.6K
IN
AL
Tenn.
Mich.
SC
12.1K
KS
26.6K
Ga.
KY
MS
36.3K
IA
LA
WI
UT
Calif.
Ill.
Md.
132.7K
42.1K
29.8K
Pa.
Mass.
31.3K
18.6K
N.Y.
N.J.
WA
VA
MN
NV
105.4K
48.1K
OR
DC
CO
CT
*Includes states with near-total abortion bans, six-week bans, 15-week bans and bans passed before Roe took effect
Source: Guttmacher Institute, Post research
Number of abortions in the U.S. in 2017, by whether they would be protected or restricted if the Supreme Court were to strike down Roe v. Wade
“Trigger” laws
13 states, 102K abortions
Other restrictions*
14 states, 235.9K abortions
Broad access for now
23 states + D.C., 524.5K abortions
Tex.
Fla.
N.C.
Ohio
AZ
55.4K
71.0K
29.5K
20.6K
IN
AL
Mich.
Tenn.
SC
26.6K
KS
12.1K
Ga.
KY
MS
36.3K
LA
IA
WI
UT
Calif.
Ill.
Md.
132.7K
42.1K
29.8K
Pa.
Mass.
31.3K
18.6K
N.Y.
N.J.
Wash.
Va.
MN
NV
105.4K
48.1K
17.7K
17.2K
OR
NH
DC
HI
Colo.
Conn.
ME
NM
RI
12.4K
11.9K
VT
DE
*Includes states with near-total abortion bans, six-week bans, 15-week bans and bans passed before Roe took effect
Source: Guttmacher Institute, Post research
Number of abortions in the U.S. in 2017, by whether they would be protected or restricted if the Supreme Court were to strike down Roe v. Wade
“Trigger” laws immediately
ban most abortions
Broad access to abortion for now
23 states and D.C., 524.5K abortions
13 states, 102K abortions
Tex.
Tenn.
OK
MO
Calif.
Ill.
Pa.
55.4K abortions
12.1K
132.7K
42.1K
31.3K
AR
KY
MS
La.
9.9K
UT
Other restrictive laws to take effect*
14 states, 235.9K abortions
Md.
Mass.
29.8K
18.6K
Fla.
N.C.
Mich.
71.0K
29.5K
26.6K
N.Y.
N.J.
105.4K
48.1K
Wash.
Minn.
17.7K
10.7K
Nev.
Ore.
Ohio
Ind.
Kan.
9.7K
9.6K
Va.
20.6K
7.7K
6.8K
17.2K
Wis.
D.C.
HI
6.4K
Ga.
Colo.
Conn.
5.6K
36.3K
Ala.
IA
NH
12.4K
11.9K
6.1K
Ariz.
NM
DE
12.4K
NE
S.C.
RI
MT
5.1K
WV
*Includes states with near-total abortion bans, six-week bans, 15-week bans and bans passed before Roe took effect
Source: Guttmacher Institute, Post research
Number of abortions in the U.S. in 2017, by whether they would be protected or restricted if the Supreme Court were to strike down Roe v. Wade
“Trigger” laws immediately ban most abortions
Broad access to abortion for now
13 states, 102K abortions
23 states and D.C., 524.5K abortions
Calif.
Ill.
Pa.
Tex.
Tenn.
OK
MO
132.7K
42.1K
31.3K
55.4K abortions
12.1K
AR
MS
KY
La.
ID
ND
UT
9.9K
SD
WY
Other restrictive laws set to take effect*
14 states, 235.9K abortions
Md.
Mass.
Fla.
N.C.
Mich.
29.8K
18.6K
71.0K
29.5K
26.6K
N.Y.
N.J.
105.4K
48.1K
Wash.
Minn.
17.7K
10.7K
Nev.
Ore.
Ohio
Ind.
Kan.
9.7K
9.6K
Va.
20.6K
7.7K
6.8K
17.2K
Wis.
HI
D.C.
6.4K
Ga.
Colo.
Conn.
5.6K
36.3K
NH
ME
Ala.
IA
12.4K
11.9K
Ariz.
NM
6.1K
DE
VT
12.4K
NE
S.C.
RI
MT
AK
5.1K
WV
*Includes states with near-total abortion bans, six-week bans, 15-week bans and bans passed before Roe took effect
Source: Guttmacher Institute, Post research
Why gestational age limits matter
Roe and a 1992 related decision, Planned Parenthood v. Casey, guaranteed access to abortion “without undue burden” until the date the fetus is viable, meaning able to live outside the womb. That date varies by pregnancy but is generally considered to be around 23 to 24 weeks.
The Mississippi case that is before the Supreme Court now would set the standard at 15 weeks, and a Texas law that is winding through the courts has barred abortions after six weeks, which is before many people know they are pregnant. Both states also have trigger laws in place in case the court rules in Mississippi’s favor; a leaked draft shows the court would uphold the state’s law and essentially repeal the right to abortion that is now the law of the land.
Here is how these laws governing gestational age would have affected the legality of abortions that occurred in four states in 2019.
Number of abortions that would be illegal in select areas under post-Roe rules
Number of abortions in 2019, by week of gestation
Number of abortions that would be banned post Roe
Pregnancies are generally considered to be viable between 23 and 24 weeks.
FIRST TRIMESTER
SECOND TRIMESTER
Up to 6
weeks
7-
9
10-
13
14-
15
16-
17
18-
20
Past
20
OUTLAWS ALL ABORTIONS
Mississippi
3,193 total abortions in 2019
1,117
1,421
468
171
16
0
0
If Roe falls, the state’s court-enjoined 15-week ban would give way to a total abortion ban there.
Texas
57,275 total
22,356
22,721
8,232
1,870
957
838
301
The court allowed Texas’s six-week ban to go into effect, making most abortions illegal. Its “trigger” law would ban the rest if Roe is struck down.
OUTLAWS ABORTIONS AFTER 15 WEEKS
Florida
71,914
52,850
11,641
4,843
973
691
699
217
A Florida 15-week ban is set to take effect in July. Most abortions would still be allowed under that scenario.
MAINTAINS ABORTION PROTECTIONS
New York City
49,784
22,364
17,579
5,579
1,335
897
934
1,096
Minnesota
9,799
3,597
3,845
1,381
379
194
216
187
The right to an abortion would be preserved in Minnesota.
Source: Abortions reported to the Centers for Disease Control and Prevention
Number of abortions that would be illegal in select areas under post-Roe rules
Number of abortions in 2019, by week of gestation
Number of abortions that would be banned post Roe
Pregnancies are generally considered to be viable between 23 and 24 weeks.
FIRST TRIMESTER
SECOND TRIMESTER
Up to 6
weeks
7-
9
10-
13
14-
15
16-
17
18-
20
Past
20
OUTLAWS ALL ABORTIONS
Mississippi
1,117
1,421
468
171
16
0
0
3,193 total
abortions
in 2019
If Roe falls, the state’s court-enjoined 15-week ban would give way to a total abortion ban there.
Texas
22,356
22,721
8,232
1,870
957
838
301
57,275
The court allowed Texas’s six-week ban to go into effect, making most abortions illegal. Its “trigger” law would ban the rest if Roe is struck down.
OUTLAWS ABORTIONS AFTER 15 WEEKS
Florida
71,914
52,850
11,641
4,843
973
691
699
217
A Florida 15-week ban is set to take effect in July. Most abortions would still be allowed under that scenario.
MAINTAINS ABORTION PROTECTIONS
New York
City
49,784
22,364
17,579
5,579
1,335
897
934
1,096
Minnesota
187
9,799
3,597
3,845
1,381
379
194
216
The right to an abortion would be preserved in Minnesota.
Source: Abortions reported to the Centers for Disease Control and Prevention
Number of abortions that would be illegal in select areas
under post-Roe rules
Number of abortions in 2019, by week of gestation
Number of abortions that would be banned post Roe
Pregnancies are generally considered to be viable between 23 and 24 weeks.
FIRST TRIMESTER
SECOND TRIMESTER
Up to 6 weeks
7-9
10-13
14-15
16-17
18-20
Past 20 weeks
OUTLAWS ALL ABORTIONS
Mississippi
1,117
1,421
468
171
16
0
0
3,193 total
abortions
in 2019
If Roe falls, the state’s court-enjoined 15-week ban would give way to a total abortion ban there.
Texas
301
57,275
22,356
22,721
8,232
1,870
957
838
The court allowed Texas’s six-week ban to go into effect, making most abortions illegal. Its “trigger” law would ban the rest if Roe is struck down.
OUTLAWS ABORTIONS AFTER 15 WEEKS
Florida
71,914
52,850
11,641
4,843
973
691
699
217
A Florida 15-week ban is set to take effect in July. Most abortions would still be allowed under that scenario.
MAINTAINS ABORTION PROTECTIONS
New York City
22,364
17,579
5,579
1,335
897
934
49,784
1,096
Minnesota
3,597
3,845
1,381
379
194
216
187
9,799
The right to an abortion would be preserved in Minnesota.
Source: Abortions reported to the Centers for Disease Control and Prevention
That doesn’t mean these abortions wouldn’t have occurred, only that pregnant people would have needed to travel to one of the 23 states (plus D.C.) that have laws protecting the right to obtain one legally.
Post-Roe, finding care will be much harder for many pregnant people.
States that protect abortion rights most broadly are concentrated on the coasts. Colorado, New Mexico and Nevada, as well as Minnesota, Montana and Illinois, also have fewer restrictions on abortions. New, severe restrictions or bans would cover enormous swaths of the country and put many pregnant people hundreds of miles from an abortion provider.
Declining U.S. rates
The number of abortions per capita climbed for a few years after Roe was decided in 1973, peaking in 1980 before a steady decline.
U.S. abortion rate
30
HIGHEST RATE, 1980
25 per 1,000 women age 15-44
20
13
14
10
0
1972
586,760
total abortions
2017
About
860,000
Sources: Abortions reported by state to the Centers for Disease Control and Prevention to 1997; CDC and Guttmacher Institute, 2000 to 2017
U.S. abortion rate
30
HIGHEST RATE, 1980
25 per 1,000 women age 15-44
20
13
14
10
0
1972
586,760
total abortions
2017
About
860,000
Sources: Abortions reported by state to the Centers for Disease Control and Prevention to 1997; CDC and Guttmacher Institute, 2000 to 2017
U.S. abortion rate
30
HIGHEST RATE, 1980
25 per 1,000 women age 15-44
20
13
14
10
0
1972
586,760
total abortions
2017
About
860,000
Sources: Abortions reported by state to the Centers for Disease Control and Prevention to 1997; CDC and
Guttmacher Institute, 2000 to 2017
Abortion rates vary greatly across the country, in part because of access to clinics and other barriers erected by state legislatures.
Abortion tends to be rarer in states with “trigger” laws
Number of abortions in 2017 per 1,000 women ages 15 to 44
“Trigger” laws immediately ban most abortions
Wyo.
1.3
S.D.
3.1
Idaho
3.7
Ky.
3.8
Mo.
4.0
Utah
4.3
Miss.
4.4
Ark.
5.5
Okla.
6.2
N.D.
7.8
Tenn.
9.1
Tex.
9.2
La.
10.7
Other restrictive laws set to take effect*
W.Va.
4.5
S.C.
5.2
Neb.
5.4
Wis.
5.8
Ind.
5.9
Iowa
6.3
Ala.
6.4
Ariz.
8.8
Ohio
9.3
Kan.
12.1
Mich.
14.2
N.C.
14.3
Ga.
16.6
Fla.
18.2
Broad access to abortion for now
Mont.
8.1
Alaska
8.7
Maine
8.7
N.H.
9.0
Minn.
9.9
Va.
10.2
Colo.
10.5
Del.
10.5
Vt.
11.3
N.M.
11.6
Ore.
11.6
Wash.
11.7
Hawaii
12.2
Pa.
13.1
Mass.
13.3
Nev.
16.0
Calif.
16.5
R.I.
16.8
Ill.
16.8
Conn.
17.8
Md.
25.1
N.Y.
27.2
N.J.
28.7
D.C.
29.5
*Includes states with near-total abortion bans, six-week bans, 15-week bans and bans passed before Roe took effect
Note: About half or more of the abortion patients in Kansas and D.C. are not residents
Source: Guttmacher Institute, Post research, Centers for Disease Control and Prevention
Abortion tends to be rarer in states with “trigger” laws
Number of abortions in 2017 per 1,000 women ages 15 to 44
“Trigger” laws immediately ban most abortions
Wyo.
1.3
S.D.
3.1
Idaho
3.7
Ky.
3.8
Mo.
4.0
Utah
4.3
Miss.
4.4
Ark.
5.5
Okla.
6.2
N.D.
7.8
Tenn.
9.1
Tex.
9.2
La.
10.7
Other restrictive laws set to take effect*
W.Va.
4.5
S.C.
5.2
Neb.
5.4
Wis.
5.8
Ind.
5.9
Iowa
6.3
Ala.
6.4
Ariz.
8.8
Ohio
9.3
Kan.
12.1
Mich.
14.2
N.C.
14.3
Ga.
16.6
Fla.
18.2
Broad access to abortion for now
Mont.
8.1
Alaska
8.7
Maine
8.7
N.H.
9.0
Minn.
9.9
Va.
10.2
Colo.
10.5
Del.
10.5
Vt.
11.3
N.M.
11.6
Ore.
11.6
Wash.
11.7
Hawaii
12.2
Pa.
13.1
Mass.
13.3
Nev.
16.0
Calif.
16.5
R.I.
16.8
Ill.
16.8
Conn.
17.8
Md.
25.1
N.Y.
27.2
N.J.
28.7
D.C.
29.5
*Includes states with near-total abortion bans, six-week bans, 15-week bans and bans passed before Roe took effect
Note: About half or more of the abortion patients in Kansas and D.C. are not residents
Source: Guttmacher Institute, Post research, Centers for Disease Control and Prevention
Abortion tends to be rarer in states with “trigger” laws
Number of abortions in 2017 per 1,000 women ages 15 to 44
“Trigger” laws
Other restrictions*
Broad access for now
Wyo.
1.3
W.Va.
4.5
Mont.
8.1
S.D.
3.1
S.C.
5.2
Alaska
8.7
Neb.
5.4
Maine
8.7
Idaho
3.7
Ky.
3.8
Wis.
5.8
N.H.
9.0
Mo.
4.0
Ind.
5.9
Minn.
9.9
Va.
10.2
Utah
4.3
Iowa
6.3
Miss.
4.4
Ala.
6.4
Colo.
10.5
Ark.
5.5
Ariz.
8.8
Del.
10.5
Vt.
11.3
Okla.
6.2
Ohio
9.3
N.D.
7.8
Kan.
12.1
N.M.
11.6
Tenn.
9.1
Mich.
14.2
Ore.
11.6
Wash.
11.7
Tex.
9.2
N.C.
14.3
La.
10.7
Ga.
16.6
Hawaii
12.2
Fla.
18.2
Pa.
13.1
Mass.
13.3
*Includes states with near-total abortion bans, six-week bans, 15-week bans and bans passed before Roe took effect
Nev.
16.0
Calif.
16.5
R.I.
16.8
Ill.
16.8
Note: About half or more of the abortion patients in Kansas and D.C. are not residents
Conn.
17.8
Md.
25.1
N.Y.
27.2
Source: Guttmacher Institute, Post research, Centers for Disease Control and Prevention
N.J.
28.7
D.C.
29.5
Most women who have abortions already have children, and most are in their 20s. The number of teenagers who have abortions declined over the past decade; they now account for less than 9 percent. Black women accounted for 38 percent of abortions, followed by White women at 33 percent and Hispanic women at 21 percent.
A majority of Americans, 54 percent, believe Roe should stand, according to a Washington Post-ABC News poll conducted last week, compared with 28 percent who said it should be overturned.
Daniela Santamariña and Caroline Kitchener contributed to this report.