The Supreme Court may soon be ready to overturn the only federal abortion protections in the country, according to a draft of an opinion obtained by Politico. The court is expected to announce its ruling, on Dobbs v. Jackson Women’s Health Organization, sometime before July.
What would happen if Roe v. Wade were overturned
If the Supreme Court overturns the 1973 precedent, the legality of abortion will be left to individual states. Many have already made their intentions clear.
State abortion policy
absent Roe v. Wade
Post-Roe laws that would ban or restrict
some or all abortions
“Trigger” law that would ban all or nearly
all abortions
Unenforced pre-Roe ban on abortions
Laws that explicitly protect abortion
No explicit laws
WA
VT
ME
ND
OR
MA
ID
WI
NY
SD
RI
MI
WY
CT
IA
NV
NJ
OH
IL
UT
CO
WV
DE
CA
MO
KY
DC
NC
TN
OK
AZ
MD
SC
AR
MS
AL
GA
LA
TX
HI
Note: Arkansas, Mississippi and Oklahoma have pre-Roe bans and post-Roe trigger laws. Alabama has a pre-Roe ban and post-Roe restrictions.
State abortion policy absent Roe v. Wade
Post-Roe laws that would ban
or restrict some or all abortions
Unenforced pre-Roe
ban on abortions
“Trigger” law that would ban
all or nearly all abortions
Laws that explicitly
protect abortion
No explicit laws
WA
VT
ME
ND
OR
MA
ID
WI
NY
SD
RI
MI
WY
CT
IA
NJ
NV
DE
OH
IL
UT
DC
WV
CO
MD
CA
MO
KY
NC
TN
OK
AZ
SC
AR
GA
AL
MS
LA
TX
HI
Note: Arkansas, Mississippi and Oklahoma have pre-Roe bans and post-Roe trigger laws. Alabama has a pre-Roe ban and post-Roe restrictions.
State abortion policy absent Roe v. Wade
“Trigger” law that would
ban all or nearly all abortions
Post-Roe laws that would ban or
restrict some or all abortions
Unenforced pre-Roe
ban on abortions
Laws that explicitly
protect abortion
No explicit
laws
WASH.
MAINE
N.D.
VT.
ORE.
N.Y.
IDAHO
S.D.
MASS.
WIS.
R.I.
CONN.
MICH.
WYO.
IOWA
N.J.
NEV.
DEL.
OHIO
ILL.
D.C.
UTAH
MD.
W.VA.
COLo.
CALIF.
MO.
KY.
N.C.
TENN.
ARIZ.
OKLA.
ARK.
S.C.
ALA.
GA.
MISS.
LA.
TEXAS
HAWAII
Note: Arkansas, Mississippi and Oklahoma have pre-Roe bans and post-Roe trigger laws. Alabama has a pre-Roe ban and post-Roe restrictions.
State abortion policy absent Roe v. Wade
“Trigger” law that would
ban all or nearly all abortions
Post-Roe laws that would ban or
restrict some or all abortions
Unenforced pre-Roe
ban on abortions
Laws that explicitly
protect abortion
No explicit
laws
WASH.
MAINE
N.D.
VT.
ORE.
IDAHO
WIS.
N.Y.
MASS.
S.D.
R.I.
CONN.
MICH.
Wyo.
IOWA
N.J.
NEV.
DEL.
OHIO
ILL.
D.C.
UTAH
MD.
W.VA.
COLo.
CALIF.
MO.
KY.
N.C.
TENN.
OKLA.
ARIZ.
ARK.
S.C.
GA.
ALA.
MISS.
LA.
TEXAS
HAWAII
Note: Arkansas, Mississippi and Oklahoma have pre-Roe bans and post-Roe trigger laws. Alabama has a pre-Roe ban and post-Roe restrictions.
There is no federal law protecting or prohibiting abortion. So the Supreme Court striking down Roe would leave abortion laws entirely up to the states. And they are sharply divided.
Unless Congress gets rid of the filibuster in the Senate, it’s very unlikely lawmakers can agree on some kind of federal law determining when abortion should be allowed or banned, leaving America with a patchwork of abortion laws.
Here’s what abortion in America could look like in a post-Roe world.
Courts have previously halted abortion bans before 24 weeks
About half of states would ban or severely restrict abortion access, largely by instituting trigger laws that would go into effect immediately if the court struck down Roe. By contrast, 16 states and the District of Columbia have policies that explicitly protect the right to abortion; other blue states could follow.
Restrictions on abortion rights have increased in the past decade as policymakers in mostly Republican-led states have sought to provoke a Supreme Court challenge to the 1973 precedent by banning abortion before about 24 weeks, the generally accepted medical standard for fetus viability outside the womb.
When in a pregnancy states have tried to ban abortions
The Texas law bans most abortions after six weeks. Previously, Mississippi had the earliest ban in effect at 20 weeks.
0
AL
LA
OK
UT
AR
FIRST Trimester
SC
TN
ID
IA
KY
MS
ND
GA
OH
6
OK
TX
MO
8
Ban in effect at 6 weeks.
12
AR
SECOND Trimester
The Supreme Court will rule on this law in 2022
15
MS
KY
LA
18
AR
UT
AZ
NC
MT
MS
20
CURRENT
BANS IN OTHER
STATES
22
ID
Pregnancies are considered viable between 24 and 26 weeks.
Twenty states have bans at 22-24 weeks. All other gestational duration-based bans are after viability.
THIRD Trimester
40 weeks
Note: The beginning of pregnancy is calculated from the start of the last menstrual period. Most proposed state bans include exceptions for the life or health of the pregnant person. Only Louisiana, Arkansas and South Carolina include exceptions for rape and incest or lethal fetal anomalies.
When in a pregnancy states have tried to ban abortions
The Texas law bans most abortions after six weeks. Previously, Mississippi had the earliest ban in effect at 20 weeks.
AL
LA
OK
UT
AR
0
FIRST Trimester
OK
SC
KY
MS
ND
TN
TX
GA
ID
IA
OH
6
MO
8
Ban in effect at 6 weeks.
AR
12
SECOND Trimester
The Supreme Court will rule on this law in 2022
KY
LA
MS
15
AR
UT
18
MT
NC
MS
AZ
20
ID
CURRENT
BANS IN OTHER
STATES
22
Twenty states have bans at 22-24 weeks. All other gestational duration-based bans are after viability.
Pregnancies are considered viable between 24 and 26 weeks.
THIRD Trimester
40 weeks
Note: The beginning of pregnancy is calculated from the start of the last menstrual period. Most proposed state bans include exceptions for the life or health of the pregnant person. Only Louisiana, Utah, South Carolina and Mississippi include exceptions for rape and incest or lethal fetal anomalies.
When in a pregnancy states have tried to ban abortions
The Texas law bans most abortions after six weeks. Previously, Mississippi had the earliest ban in effect at 20 weeks.
FIRST Trimester
SECOND Trimester
THIRD Trimester
0
6
8
12
15
18
20
22
40 weeks
Pregnancies are considered viable between 24 and 26 weeks.
MO
AL
GA
AR
KY
AR
AZ
ID
MT
AR
ID
LA
UT
NC
LA
IA
MS
CURRENT
BANS IN
OTHER
STATES
OK
KY
MS
Twenty states have bans at 22-24 weeks. All other gestational duration-based bans are after viability.
The Supreme Court will rule on this law in 2022
UT
MS
ND
OH
OK
SC
TN
Ban in effect at 6 weeks.
TX
Note: The beginning of pregnancy is calculated from the start of the last menstrual period. Most proposed state bans include exceptions for the life or health of the pregnant person. Only Louisiana, Utah, South Carolina and Mississippi include exceptions for rape and incest or lethal fetal anomalies.
Thus far, pre-viability bans from 16 states have been blocked by court orders and have not gone into effect. Twenty-one states have pre-viability bans in effect for pregnancies between 20 and 24 weeks. In reviewing the Mississippi law, which would ban almost all abortions after 15 weeks of pregnancy, the Supreme Court said it would examine whether “all pre-viability prohibitions on elective abortions are unconstitutional.”
Seven states — Alaska, Colorado, New Hampshire, New Jersey, New Mexico, Oregon and Vermont — don’t impose any bans based on gestational periods.
The length of a pregnancy is commonly calculated from the start of a person’s most recent menstrual period. Many people don’t know they’re pregnant until after the sixth week.
An average pregnancy lasts about 40 weeks, and viability, the point at which a fetus could survive outside the uterus, generally falls between 24 and 26 weeks. Federal and state courts had consistently blocked enforcement of laws that ban abortion before 18 weeks, until September.
Mississippi currently bans most abortions after 20 weeks, and 16 other states ban them at 22 weeks from the last menstrual period. These bans violate Supreme Court rulings, but the laws were never challenged and went into effect.
State abortion policies have become more extreme compared with 21 years ago
Since 2000, the Guttmacher Institute, an abortion research group that supports abortion rights, has evaluated how hostile or supportive each state is toward abortion. States with more protections are deemed more supportive, and states with more restrictions are considered more hostile. Over time, the country has become more extreme in both directions.
Severity of state abortion policies
2021
UT
TN
MN
KY
NJ
SD
NE
MD
SC
KS
NY
CT
LA
NC
GA
RI
OR
VT
AL
MI
CA
WA
NV
IL
MS
PA
IA
WI
ME
NH
ID
NM
WV
MO
FL
MA
DE
HI
WY
OH
AK
VA
ND
AR
MT
AZ
CO
TX
IN
OK
More protections
More restrictions
2000
MI
DE
TX
ID
RI
WV
WA
NE
NJ
IL
LA
VT
ME
NC
AZ
HI
KY
OH
NM
NH
SC
OK
CA
MN
KS
ND
MS
OR
NY
TN
UT
MT
CO
WY
WI
MD
MA
AL
AK
FL
VA
CT
NV
SD
MO
PA
IN
IA
GA
AR
Note: D.C. is not rated since it doesn't have full agency over its own laws.
Severity of state abortion policies
2021
TN
TX
ND
KY
NE
MO
MN
CT
SC
SD
KS
IA
OR
NJ
AR
NC
UT
GA
RI
WA
IL
MD
MI
AL
LA
FL
CA
NY
ME
NV
DE
NM
WY
OK
IN
PA
VA
MA
NH
ID
VT
WI
HI
MS
AZ
WV
AK
OH
CO
MT
More protections
More restrictions
2000
MO
DE
TX
ID
IN
WA
KS
RI
VT
NJ
NY
GA
NE
WV
HI
CO
LA
NM
CT
MA
OH
SD
NC
CA
FL
MN
ME
SC
KY
UT
OR
AK
IL
MS
OK
PA
ND
NV
MD
NH
TN
IA
AZ
MT
WY
WI
MI
AL
VA
AR
Note: D.C. is not rated since it doesn't have full agency over its own laws.
Severity of state abortion policies
TN
NE
KY
2021
CT
SC
OH
MN
MT
NC
UT
MI
IA
AL
TX
MO
IL
MD
OK
SD
GA
MS
PA
FL
RI
WA
OR
CO
NJ
WY
KS
WI
ND
AR
CA
NY
ME
MA
DE
VT
NV
VA
ID
AZ
LA
IN
WV
AK
NH
HI
NM
More protections
More restrictions
2000
WI
AR
MO
DE
VA
TX
VT
NJ
NY
WV
ID
IN
HI
MT
MA
CO
RI
AL
OH
NM
CT
FL
ME
GA
SC
NE
UT
CA
MI
MN
WA
IL
KS
LA
MS
SD
NC
OR
AK
NV
NH
KY
WY
AZ
MD
OK
PA
ND
IA
TN
Note: D.C. is not rated since it doesn't have full agency over its own laws.
The ratings are based on six key abortion restrictions and six protections for access. A state with all the restrictions and no protections has the highest restriction rating and is considered extremely hostile. Six states have that maximum level. A state with all six protections and no restrictions has the highest protection rating and is considered extremely supportive. Only California meets that threshold.
This growing policy divide between states reflects an increase in abortion-related legislation. More than half of all abortion restrictions in the country have been enacted since 2001, most of them concentrated in the South and Midwest. Far fewer abortion protections have passed.
Protections and restrictions enacted by year
Protections
Restrictions
15
2001
10
2
’02
21
’03
12
’04
2
31
’05
In 2011, 93 abortion restrictions were enacted in 24 states.
10
2
’06
23
4
’07
11
’08
Indiana (9)
28
’09
36
’10
93
’11
Kansas (15)
43
’12
3
69
’13
26
4
’14
57
’15
Arkansas (16)
3
50
’16
63
13
’17
23
5
’18
39
Oklahoma (15)
5
’19
12
4
’20
106
6
’21
This year 106 restrictions have been
enacted so far, mostly in Arkansas,
Montana and Oklahoma.
Protections and restrictions enacted by year
Protections
Restrictions
15
2001
10
2
’02
21
’03
12
’04
2
31
’05
10
2
’06
23
4
’07
In 2011, 93 abortion restrictions were enacted in 24 states.
11
’08
28
’09
36
’10
Indiana (9)
93
’11
Kansas (15)
43
’12
3
69
’13
26
4
’14
57
’15
Arkansas (16)
3
50
’16
63
13
’17
23
5
’18
39
5
’19
Oklahoma (15)
12
4
’20
106
6
’21
This year 106 restrictions have been enacted so far, mostly in Arkansas, Montana and Oklahoma.
Protections and restrictions enacted by year
Protections
Delaware (6)
2
2
2
4
3
4
3
13
5
5
4
6
2001
’02
’03
’04
’05
’06
’07
’08
’09
’10
’11
’12
’13
’14
’15
’16
’17
’18
’19
’20
’21
15
10
21
12
31
10
23
11
28
36
93
43
69
26
57
50
63
23
39
12
106
Restrictions
Oklahoma (15)
Arkansas (16)
Indiana (9)
In 2011, 93 abortion restrictions were enacted in 24 states.
Kansas (15)
This year 106 restrictions have
been enacted so far, mostly in
Arkansas, Montana and Oklahoma.
Momentum around abortion restrictions has been growing in the past decade, culminating with the nomination of Justice Amy Coney Barrett in 2020. Her ascension to the court, replacing liberal Justice Ruth Bader Ginsburg, solidified its conservative majority and emboldened abortion opponents who had been seeking ways to strike down Roe. 2021 saw more restrictions enacted than in the past three years combined. In 2022, red states have passed more extreme laws that often don’t allow for exceptions for abortion in the case of rape.
“Some states have adopted so many restrictions that just about all that was left was to ban abortion,” said Elizabeth Nash, the principal policy associate for state issues at the Guttmacher Institute.
Nash argues that abortion restrictions exacerbate logistical and financial obstacles for marginalized communities, such as racial minorities, low-income people and people in rural communities, and that further rollbacks of abortion rights will only increase the burdens on these populations.
“Those with more resources and privilege would most likely find ways to get the care they need,” she said. “Abortion is health care, plain and simple.”
Danielle Rindler contributed to this report. Sources: Guttmacher Institute.
correction
A previous version of the "When in a pregnancy states have tried to ban abortions" chart abbreviated Arkansas incorrectly. Arkansas, not Alaska, has passed bans at conception and 12 weeks. A previous version of the text also misspelled Ruth Bader Ginsburg's name.