Full list: Abortion is now illegal in at least 10 states, more to follow
Here’s where every state stands on abortion in post-Roe America.
In a historic decision Friday morning, the U.S. Supreme Court overturned Roe v. Wade, ending nearly 50 years of nationwide abortion-on-demand and once again allowing states to protect unborn life as early as the moment of conception.
Following the seismic pro-life victory, around 10 states have already effectively eliminated abortion in their borders for the first time since 1973, while eight or more are set to ban the barbaric practice in the coming weeks.
Check the list below to see where each state stands on abortion in post-Roe America. Life is winning!
Abortion is now virtually illegal or heavily restricted in the following states, most of which have implemented what are known as “trigger” laws designed to take effect immediately upon the reversal of Roe v. Wade:
Abortion is now illegal from the moment of conception in Arkansas.
A 2019 trigger law came into effect after Attorney General Leslie Rutledge certified on Friday that the Supreme Court had struck down Roe, the Arkansas Democrat Gazette reported. Anyone other than the mother who performs or attempts to perform an abortion will now face felony charges, fines of up to $100,000, and up to 10 years in prison.
“None of us thought today would come in our lifetimes,” said Rutledge.
The trigger law allows exceptions only “to save the life of a pregnant woman in a medical emergency.” Medical experts have attested that abortion is never medically necessary, however.
Abortion is illegal at all stages of pregnancy in Alabama as of Friday.
A federal court lifted an injunction on the state’s near-total abortion ban enacted in 2019, Attorney General Steve Marshall announced within hours of the Dobbs ruling. The 2019 law, known as the Human Life Protection Act, makes abortion a Class A felony that can result in life imprisonment.
The act includes exceptions in cases of “serious health risk” to the mother or fatal fetal anomalies. Alabama has another 1951 pre-Roe ban on the books that outlaws abortion except to preserve a mother’s life or health.
The last three abortion facilities in Alabama halted all procedures Friday.
Abortion is also illegal in Louisiana. A 2006 trigger law protecting unborn babies from fertilization went into effect Friday immediately after the Supreme Court’s ruling, Attorney General Jeff Landry announced.
The Louisiana Department of Health has notified the three outpatient abortion clinics in the state to adhere to Louisiana’s restrictions, local news reported. All scheduled abortions are reportedly cancelled.
Besides the mother, anyone who commits an abortion or intentionally provides a pregnant woman with substances to kill her unborn baby can face up to 10 years imprisonment and $100,000 in fines. Late-term abortions (15+ weeks) can result in up to 15 years in prison and $200,000 in fines, and performing an abortion can lead to a maximum of 50 years in prison.
The Louisiana trigger law includes exceptions to prevent the death of the mother “due to a physical condition,” to avoid “serious, permanent impairment of a life-sustaining organ of a pregnant woman,” or if two doctors agree that an unborn baby would not survive after birth.
“However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with reasonable medical practice,” the law states.
With the reversal of Roe, abortion is now illegal in Kentucky except if the mother faces “substantial risk of death” or permanent injury to a “life-sustaining organ.”
The state’s trigger law declares an embryo and a fetus to be an “unborn human being” from fertilization and prohibits any procedure “with the specific intent of causing or abetting” the death of an unborn child.
“No person shall knowingly administer to, prescribe for, procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being,” the law states.
Like Louisiana’s trigger law, Kentucky’s requires a physician to “make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of the unborn human being.”
Performing abortions can result in Class D felony charges and up to five years in prison for anyone other than the mother.
An amendment on the ballot in Kentucky this November would declare that there is no right to abortion in the state constitution.
Missouri became the first state to criminalize abortion Friday morning, Republican Gov. Mike Parson announced.
Parson and Attorney General Eric Schmitt signed proclamations activating Missouri’s Right to Life of the Unborn Child Act within minutes of the decision.
The law prohibits all abortions unless the mother is allegedly at risk of death or “substantial and irreversible physical impairment of a major bodily function,” according to a physician’s judgement. Illegally inducing an abortion in Missouri is a Class B felony that carries up to 15 years in prison.
Planned Parenthood has ceased abortions at the state’s last mill.
Oklahoma’s trigger law took effect Friday, banning abortion at fertilization, Attorney General John O’Connor confirmed.
The law allows exceptions only if “necessary to preserve [the mother’s] life.”
The state had already criminalized virtually all abortions last month with a law enforced by civil lawsuits that took effect despite Roe v. Wade. That measure, modeled after Texas’ heartbeat bill, allowed abortion in cases of incest or sexual assault reported to police.
“Law enforcement is now activated in respect to any effort to aid, abet or solicit any abortions,” O’Connor warned Friday.
Anyone who commits an illegal abortion or prescribes, administers, or “advises” a woman to take abortion-inducing substances or procures the substances for her can face between two and five years in prison.
In Ohio, abortion is now illegal when a baby’s heartbeat is first detectable – typically at around six weeks of pregnancy.
On Friday, a federal judge dissolved an injunction on the state’s 2019 heartbeat bill following a request from Attorney General Dave Yost, The Columbus Dispatch reported. The injunction was based on Roe and later pro-abortion Supreme Court ruling Planned Parenthood v. Casey, Yost said. The high court also overturned Casey on Friday.
“The Heartbeat Bill is now the law,” Yost declared.
Illegal abortion providers risk felony charges and up to one year in prison except in cases of “medical emergency or medical necessity.”
Texas has prohibited abortion at approximately six weeks since September 2021 through the Texas Heartbeat Act, which state and federal courts let stand for months despite Roe. The law escaped injunction due to a unique enforcement mechanism that relies on civil lawsuits brought by private citizens as opposed to prosecution by the government.
A trigger ban will take effect in Texas 30 days after the reversal of Roe, criminalizing abortion from the moment of conception. Anyone other than the mother who commits, attempts, or induces an abortion can face life imprisonment and up to $100,000 in fines under the law, according to The Texas Tribune.
The Texas heartbeat and trigger laws both have exemptions to save the mother’s life, and the latter permits abortions to prevent “substantial impairment” of a “major bodily function” of the mother.
The Lone Star State still has pre-Roe restrictions as well, including another near-total ban and a law that makes it a crime to “furnish the means for procuring an abortion.” Attorney General Ken Paxton argues that the state’s pre-Roe laws could be enforced, The Texas Tribune reported.
“Abortion is now illegal in Texas,” Paxton said Friday.
Planned Parenthood and other abortion businesses have halted abortions in the state in response.
Abortion is illegal in South Dakota under the state’s trigger law, which took effect Friday.
The 2005 law makes inducing an abortion or prescribing or procuring abortion-causing substances for a pregnant woman a felony punishable by up to two years in prison and $4,000 in fines. The only exception is to “preserve the life” of the mother based on “appropriate and reasonable medical judgment.”
The last abortion facility in South Dakota had already shut down earlier this month.
Gov. Kristi Noem and legislative leaders said Friday that they plan to call a special legislative session to further boost pro-life protections in the state.
Elective abortion is now illegal in Utah.
A trigger law went into effect in the Beehive State Friday evening after the state legislature’s general counsel certified to the Legislative Management Committee that the Supreme Court reversed Roe, Deseret News reported.
Utah’s ban outlaws abortion at all stages of pregnancy with exceptions for rape, incest, to save the mother’s life, or if two doctors who practice “maternal fetal medicine” conclude that the baby “has a defect that is uniformly diagnosable and uniformly lethal” or “has a severe brain abnormality that is uniformly diagnosable,” according to Deseret News.
“Violating Utah’s trigger law is punishable by up to 15 years in prison. And any clinic or physician involved could lose their license,” KCPW reported.
“We do not have a ‘trigger ban’ for abortion, but it is now a felony (§61-2-8) w 3-10 years,” tweeted West Virginia Delegate Kayla Young.
Republican Gov. Jim Justice on Friday praised the Dobbs decision and declared that he “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.”
Attorney General Patrick Morrisey also announced that he will issue a legal opinion informing state lawmakers how to proceed “to save as many babies’ lives as humanly and legally possible,” The Center Square reported.
West Virginia’s only abortion mill stopped killing babies Friday.
States where abortion will soon be illegal
In these other states, trigger laws will prohibit abortion throughout pregnancy in the coming days and weeks:
An Idaho law banning abortion at conception will take effect 30 days after the Supreme Court’s reversal of Roe v. Wade. The law includes exceptions for rape or incest reported to law enforcement and to preserve the mother’s life, though not to prevent potential self-harm.
“Under the trigger law, the person performing the abortion could face a felony prosecution punishable by up to five years in prison,” the Associated Press reported. Health care professionals would additionally have their licenses suspended for illegal abortions.
Idaho also has a Texas-style civil ban outlawing abortion at six weeks that is currently blocked in court but could come into effect following Dobbs. The state supreme court is scheduled to hear arguments about the law in August, according to the Associated Press.
Mississippi will ban abortion throughout pregnancy 10 days after Attorney General Lynn Fitch certifies that Roe v. Wade has fallen.
“Today marks a new era in American history,” said Fitch, who had requested that the Supreme Court overturn Roe in the Dobbs case, which centered around her state’s 15-week abortion ban. “Roe v. Wade is finally behind us.”
Mississippi’s trigger law includes exceptions to save the life of the mother or if the mother has filed a formal charge of rape, according to WLBT.
Anyone but the mother who commits or attempts to commit an illegal abortion or who prescribes abortion-inducing drugs to a pregnant woman risks up to 10 years in prison under the law.
The woman who runs the state’s single abortion clinic told the Associated Press that it will close its doors upon the reversal of Roe.
Abortion will be illegal in North Dakota 30 days after the state attorney general certifies to the legislative council that the Supreme Court has “restored to the states the authority to prohibit abortion,” according to the office of Gov. Doug Burgum.
The state’s 2007 trigger law makes abortion a Class C felony carrying up to five years in prison and a $10,000 fine other than in cases of rape, incest, or to save the mother’s life.
In Tennessee, abortion will also become illegal at fertilization 30 days after Dobbs, except when the mother’s life is allegedly threatened or she faces “serious risk of substantial and irreversible impairment of a major bodily function.”
Otherwise, performing or attempting to perform an abortion will be a Class C felony resulting in up to 15 years imprisonment under a trigger law.
Tennessee Attorney General Herbert Slatery on Friday also asked a federal appeals court to lift an injunction on Tennessee’s 2020 heartbeat bill, which bans abortion at around six weeks of pregnancy and for race, sex, or a diagnosis of Down syndrome.
A trigger bill enacted by Wyoming this year will ban abortion five days after Gov. Mark Gordon certifies that the Supreme Court has overturned Roe. Performing an abortion can result in felony charges and up to 14 years in prison except in cases of sexual assault, incest, or “serious risk of harm” to the mother, not including “psychological or emotional conditions,” according to wyomingnews.com.
States with heartbeat bills that could take effect
A few more states have laws that would outlaw abortion once an unborn baby’s heartbeat can be detected at around six weeks of pregnancy. With the demise of Roe, these laws could now come into force within days.
Georgia Attorney General Chris Carr announced Friday that he has asked a federal court to allow Georgia’s heartbeat law to go into effect immediately.
The 2019 law prohibits abortion at about six weeks’ gestation, with exceptions for medical emergencies, rape, incest, and “medically futile” pregnancies. It penalizes illegal abortion with up to 10 years in prison but doesn’t apply to the mother.
The bill’s rape and incest exceptions end after 20 weeks of pregnancy.
South Carolina has a similar heartbeat bill on the books, and the state’s Republican leaders filed an emergency motion Friday to begin enforcing it, WCSC reported. Planned Parenthood has until 9 a.m. on Monday to respond.
Republican Gov. Henry McMaster has called for even tougher restrictions and on Friday said that he will “immediately begin working with members of the General Assembly to determine the best solution for protecting the lives of unborn South Carolinians.”
Iowa has also enacted a fetal heartbeat bill that could take effect after the repeal of Roe v. Wade. Republicans control the state legislature and governor’s mansion and may advance additional protections in a special legislative session.
The Iowa Supreme Court ruled earlier this month that the state constitution does not guarantee a “fundamental right” to have an abortion. The decision overturned a 2018 precedent and will likely give lawmakers greater ability to restrict abortion, though the court has not said what the standard should be now, the Des Moines Register reported.
States with pre-Roe bans that could criminalize abortion
Arizona has an enjoined pre-Roe law that bans abortion throughout pregnancy with penalties of up to five years in prison for anyone who commits an abortion, though it’s still unclear whether it can or will be enforced. Gov. Doug Ducey has said that the state will implement a 15-week ban he signed in March.
Attorney General Mark Brnovich has indicated that another recent law outlawing abortions due to race, sex, or genetic abnormality may take effect.
Planned Parenthood of Arizona and other abortion businesses in the state stopped procedures on Friday.
Michigan also has a pre-Roe ban that has not been repealed. The statute includes exemptions only for the mother’s life and could apply to women who abort their babies, according to Axios.
Illegal abortions can result in penalties of up four years in prison under the ban, but a Michigan judge has temporarily blocked it, and radical lesbian Michigan Attorney General Dana Nessel has refused to enforce it.
Democratic Michigan Gov. Gretchen Whitmer, who is up for re-election this year, has urged the state supreme court to declare abortion a constitutional “right” under the Michigan Constitution.
A pre-Roe ban in North Carolina would prohibit abortion, according to the pro-abortion Center for Reproductive Rights. Another state law currently blocked in court would protect unborn babies at 20 weeks. But the governor and attorney general of North Carolina are both pro-abortion Democrats, and clinics have continued aborting babies despite Dobbs.
Wisconsin’s pre-Roe law criminalizes abortion except to preserve the life of the mother and is likely to be the focus of upcoming litigation, 5Chicago reported. Wisconsin Democratic Attorney General Josh Kaul and some local Democratic officials have pledged that they will not enforce it.
Abortion mills still paused procedures in the state Friday.
Other states to watch
A number of other Republican-led states are likely to enact new abortion restrictions in light of Dobbs.
In Florida, a 15-week abortion ban signed by Gov. Ron DeSantis earlier this year is set to take effect July 1. The Florida Supreme Court has struck down pro-life measures in the past, but all of the court’s current justices were appointed by Republican governors, and three of the seven are DeSantis appointees.
DeSantis said Friday that Florida will “work to expand pro-life protections.”
GOP leaders have also signaled that they will seek further restrictions and special legislative sessions in Indiana and Nebraska, both of which have state governments controlled by Republicans. A proposed trigger law failed to clear the Nebraska legislature this spring.
On Friday, Virginia Republican Gov. Glenn Youngkin said he will work to tighten the state’s abortion limit from around 26 weeks to 15 weeks, by which time babies in the womb feel pain. Republicans control the Virginia House of Delegates, and Democrats narrowly control the state Senate, though some Democratic Virginia senators have previously supported pro-life efforts.
In Kansas, residents will vote on an amendment in August that would declare that the state constitution provides no “right” to abortion, opening up the possibility for new pro-life laws. The state supreme court found a “right” to abortion in the Kansas Constitution in 2019.
The Kansas legislature is controlled by Republicans, and pro-abortion Kansas Democratic Gov. Laura Kelley faces a tough re-election bid in November.
In Montana, abortion remains protected by a 1999 decision from the Montana Supreme Court, but Republican leaders are actively challenging that ruling, according to the Montana Free Press. “All eyes in Montana need to be on our own judicial branch of government,” Montana Senate President Mark Blasdel and House Majority Leader Sue Vinton said in a joint statement Friday.
Republicans have also made renewed calls for restrictions in Alaska, which has had strong abortion protections for decades despite the state’s conservative leanings. In November, Alaska voters will decide whether to call a convention that could change the state constitution in favor of life.
Which states protect abortion access?
More than a dozen other states have legal abortion protections in place and are unlikely to reverse them: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.
Many of those states have already announced extreme measures to expand abortion access, including for out-of-state women.
Pennsylvania, New Mexico, and New Hampshire do not explicitly protect abortion but are considered unlikely to advance restrictions for now due to pro-abortion state leaders.
Pennsylvania Republican gubernatorial nominee state Sen. Doug Mastriano has sponsored a heartbeat bill and said he would sign it as governor. Mastriano has also said he would back a total ban at conception and does not support any abortion exceptions at all.
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