United States Abortion Law Map by State

An amendment to the Alabama Constitution, which was enacted in 2018, declares that “it is the public policy of this state to recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life,” and “to ensure the protection of the rights of the unborn child in all manners and measures lawful and appropriate.” The provision also states that “[n]othing in this constitution secures or protects a right to abortion or requires the funding of an abortion.”

A statute that pre-dates Roe prohibits abortion except when necessary to preserve the mother’s life or health. Ala. Code § 13A-13-7. In 2019, Alabama enacted the Human Life Protection Act, which makes it illegal to provide abortions except “to prevent a serious health risk to the unborn child’s mother.” Ala. Code § 26-23H-4.

In 2024 the Alabama Supreme Court expanded the definition of what is considered a child under the Human Life Protection Act to include frozen embryos created through IVF. LePage v. Ctr. for Reprod. Med., P.C., No. SC-2022-0515, 2024 Ala. LEXIS 60 (Ala., Feb 16, 2024).

The Alaskan Supreme Court has ruled that the right to an abortion is a fundamental right protected by the Alaskan Constitution. Valley Hosp. Ass’n v. Mat-Su Coalition for Choice, 948 P.2d 963, 968-69 (Alaska 1997). There is no gestational limit on abortion in Alaska. Alaska Stat. § 18.16.010. Alaska voters will decide this fall whether a state constitutional convention should be held, and the right to abortion would be a likely subject of debate if a convention is held. Abortion rights will continue in Alaska, absent the enactment of a state constitutional amendment stating there is no abortion right.

A statute that pre-dates Roe prohibits abortion except to save the mother’s life. Ariz. Rev. Stat. § 13-3603 (formerly Ariz. Rev. Stat. para. 243-44 (1901)). This statute was held unconstitutional in light of Roe. Nelson v. Planned Parenthood Ctr., 19 Ariz. App. 142, 505 P.2d 580 (Ct. App., Div. Two 1973). The statute is once again before the court. The ACLJ has submitted an amicus brief requesting the court reverse its former judgment and lift the injunction from the statute so it can be enforced. Planned Parenthood Arizona, Inc., v. Mayes. 

A statute enacted in 2012 that bans abortion of a fetus of at least 20 weeks of age, except in a medical emergency, has been enjoined. Isaacson v. Horne, 716 F.3d 1213 (9th Cir. 2013). 

Effective September 2022, Arizona enacted a new ban on most abortions after 15 weeks of pregnancy. A.R.S. § 36-2322. 

In April 2024 the Arizona Supreme Court determined that the plain language of Ariz. Rev. Stat. § 36-2322 was ambiguous as to whether it repealed or restricted Ariz. Rev. Stat. § 13-3603 and looking at the legislative history and intent behind Ariz. Rev. Stat. § 36-2322, including the construction provision, the Court concluded that the legislature did not intend to create an independent statutory right to abortion or to repeal the abortion ban in Ariz. Rev. Stat. § 13-3603. The Court also held that there was no federal constitutional abortion right overriding the state ban, and Ariz. Rev. Stat. § 13-3603 is now enforceable. Planned Parenthood Ariz., Inc. v. Mayes, 545 P.3d 892 (Ariz. 2024).

Pro-abortion advocates are attempting to add a ballot initiative in 2024 that would ask voters whether abortion should become a right under the Arizona Constitution.

Amendment 68, § 2 of the Arkansas Constitution, enacted in 1988, states that “[t]he policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution.” Arkansas’ pre-Roe broad prohibition of abortion (Ark. Code Ann. § 5-61-102) is still on the books but has been enjoined from being enforced against physicians. Smith v. Bentley, 493 F. Supp. 916 (W.D. Ark. 1980). The state can seek to have the injunction lifted in light of Dobbs, but has yet to do so.

In 2019, Arkansas enacted the Human Life Protection Act, which bans abortion “except to save the life of a pregnant woman in a medical emergency.” Ark. Code Ann. §§ 5-61-301 et seq. The Act has taken effect in light of the Dobbs decision. 2019 Ark. Acts 180, § 2.

Abortion rights groups are collecting signatures in an attempt to allow the public to vote on a constitutional amendment in the November 2024 election. The ballot initiative is called the Arkansas Abortion Amendment. If passed by the voters, it would allow a woman to obtain an abortion until 18 weeks of pregnancy.

In California, there is a statutory right and, as of the November 2022 election, a constitutional right, to an abortion. The state will not deny or interfere with that right except in limited circumstances such as after viability or when the abortion is performed by someone who is not an authorized health care provider. Abortion is permitted when necessary to protect the life or health of the woman. Calif. Health & Safety Code § 123462. The right to an abortion will remain in California, absent legislative changes. 

In September 2022, California enacted AB 2223. This law prevents coroners from investigating deaths “related to or following known or suspected self-induced or criminal abortion,” including deaths of babies during the “perinatal” period – which is up to 28 days after birth. Effectively, this law legalizes some forms of infanticide.

In Colorado, legislation passed in 2022 sets forth a statutory right to an abortion through all nine months of pregnancy. A ballot initiative (Number 56) to prohibit most abortions in Colorado did not collect enough signatures. Meanwhile, the state has passed legislation (SB23-190) subjecting health-care providers to discipline for unprofessional conduct in prescribing medication with the intent to reverse a chemical abortion. This new law is under a legal challenge and is not currently enforceable. The existing statutory abortion right in Colorado will remain, absent legislative changes.

A citizen-initiated ballot initiative will be on the ballot in 2024 that, if approved, would recognize a right to abortion in the Colorado Constitution and repeal a previous constitutional amendment that prohibited the use of state funds to provide abortion coverage.

In Connecticut, state law provides that “[t]he decision to terminate a pregnancy prior to the viability of the fetus shall be solely that of the pregnant woman in consultation with her physician,” and “[n]o abortion may be performed upon a pregnant woman after viability of the fetus except when necessary to preserve the life or health of the pregnant woman.” Conn. Gen. Stat. § 19a602(a)-(b). The right to an abortion will remain in Connecticut, absent legislative changes.

In Delaware, there is a statutory right to an abortion before viability, which will continue, absent legislative changes. Del. Code, Title 24, § 1790(a). After viability, abortion is prohibited unless necessary for the health or life of the mother “or in the event of a fetal anomaly for which there is not a reasonable likelihood of the fetus’s sustained survival outside the uterus without extraordinary medical measures.”

In the District of Columbia, there is a statutory right to abortion, and that right is not limited to pre-viability. D.C. Code § 2-1401.06. The District of Columbia is unique, as it is federal land, and, thus, subject to the oversight of the federal government. As such, abortion within the District of Columbia can be regulated by Congress. U.S. Const. art. I, § 8, cl. 17.

The Supreme Court of Florida has held that the right of privacy contained in Article I, Section 23 of the state constitution is implicated by abortion restrictions, and such restrictions are subject to strict scrutiny and are presumptively unconstitutional. Gainesville Woman Care, LLC v. State, 210 So. 3d 1243 (Fla. 2017); N. Fla. Women’s Health & Counseling Servs., Inc. v. Florida, 866 So. 2d 612 (Fla. 2003); In re T.W., 551 So. 2d 1186 (Fla. 1989).

In 2022, Florida enacted a ban on abortions after 15 weeks (with a few exceptions), which was scheduled to take effect in July 2022. Fla. Stat. § 390.0111. Challenges to the 15-week ban have been accepted for review by Florida’s Supreme Court. In April 2023, Florida also enacted the Heartbeat Protection Act, which is more restrictive, prohibiting abortions beyond 6 weeks. In April 2024 the Florida Supreme Court held that both the 15-week and 6-week abortion bans could take effect. Planned Parenthood v. State, 384 So. 3d 67 (Fla. 2024). 

In 2024 a citizen-initiated ballot initiative will be on the ballot that, if approved, would create a right to abortion up to viability and a right to abortion after viability when necessary to safeguard the pregnant women’s health.

In 2019, a Georgia statute was enacted that bans abortion after there is a detectable fetal heartbeat, except in a few specific circumstances. Ga. Code Ann. § 16-12-141. Enforcement of these provisions has been enjoined. SisterSong Women of Color Reproductive Justice Collective v. Kemp, 472 F. Supp. 3d 1297 (N.D. Ga. 2020).

In October 2023, the Georgia Supreme Court reversed the lower court injunction and allowed Ga. Code Ann. § 16-12-141, which bans abortion after a fetal heartbeat is detected, to take effect. State v. SisterSong Women of Color Reprod. Just. Collective, 894 S.E.2d 1 (Ga. 2023).

In Hawaii, there is a statutory right to an abortion before viability and at any time to protect the life or health of the mother. Haw. Rev. Stat. § 453-16(c). The state decriminalized abortion before Roe.

In 2020, Idaho enacted a statute that bans abortions with a few exceptions. Idaho Code § 18-622. Idaho enacted a ban on abortions where a fetal heartbeat is detected, with certain exceptions (Senate Bill 1309). 

The state’s abortion restrictions withstood three challenges, as Idaho’s Supreme Court upheld the laws in January 2023.

In April 2023, the state passed legislation making it illegal to help a minor get an out-of-state abortion.

The Biden Administration sued Idaho to allow abortions in emergency cases, and the Supreme Court, on June 27, 2024, dismissed the appeal from Idaho and reinstated the lower court’s ruling that paused the state’s abortion ban until a final judgment is made. 

In 2013, the Supreme Court of Illinois held that there is a constitutional right to abortion. Hope Clinic for Women, Ltd. v. Flores, 991 N.E.2d 745, 760 (Ill. 2013).

In Illinois, there is a statutory right to an abortion, 775 Ill. Comp. Stat. 55/1-15(b), which will remain in effect, absent legislative changes. Moreover, “[a] fertilized egg, embryo, or fetus does not have independent rights under the laws of [Illinois].” 775 Ill. Comp. Stat. 55/1-15(c). After viability, abortion is allowed only if “the abortion is necessary to protect the life or health of the patient.” 775 Ill. Comp. Stat. 55/1-25 (a)

At the beginning of 2023, HB 4664 was signed into law to expand access to abortion and protect abortion providers.

In August 2022, Indiana enacted a near-total abortion ban – the first abortion ban enacted since the Dobbs decision overturned Roe. Abortion would be allowed in cases of rape and incest, fatal fetal anomalies, and to protect the life and physical health of the mother.

Challenges to the state’s abortion restrictions were brought by both Planned Parenthood and the Satanic Temple upon claims that the prohibitions are a violation of religious liberty.

In 2023 the Supreme Court of Indiana held that the state constitution “protects a woman’s right to an abortion that is necessary to protect her life or to protect her from a serious health risk.” Members of the Med. Licensing Bd. of Ind. v. Planned Parenthood Great Nw., 211 N.E.3d 957 (Ind. 2023). There is currently ongoing litigation seeking to define a serious health risk.

In 2018, the Supreme Court of Iowa held that the Iowa Constitution’s protection of liberty includes decisions on whether to have an abortion, and state restrictions on abortion are subject to strict scrutiny. Planned Parenthood of the Heartland v. Reynolds ex re. State, 915 N.W.2d 206 (Iowa 2018). In light of this precedent, a state court struck down a statutory ban on abortions after a fetal heartbeat is detected. In a recent decision, however, the Supreme Court of Iowa overruled its 2018 decision and held that there is no fundamental right to an abortion in Iowa’s Constitution. Planned Parenthood of the Heartland, Inc. v. Reynolds, No. 21-0856 (Iowa June 17, 2022). Iowa Code § 146B.2(2)(a). In the wake of Planned Parenthood v. Reynolds, the Iowa Supreme Court has recently held a six-week heartbeat detection ban constitutional. According to Planned Parenthood, this will eliminate most of the abortions in the State of Iowa.

Kansas statutes prohibit (with exceptions) an abortion of “an unborn child having reached the gestational age of 22 weeks or more.” Kans. Stat. Ann. §§ 65-6723, 65-6724(a). In 2019, however, the Supreme Court of Kansas held that the state constitution’s Bill of Rights includes protection of the right to have an abortion, and abortion restrictions are subject to strict scrutiny. Hodes & Nauser, MDs, P.A. v. Schmidt, 440 P.3d 461 (Kan. 2019). 

The state legislature enacted two laws requiring that doctors care for infants born alive after an attempted abortion and that abortion providers disclose that, under certain circumstances, measures can be taken in an attempt to reverse a chemical abortion.

Meanwhile, the Kansas Supreme Court has heard arguments on whether the 2015 ban on dilation and evacuation abortions is enforceable in light of the 2019 Schmidt case.

In 2019, Kentucky enacted a trigger ban, which placed a broad ban on abortion – with minimal exceptions – that has taken effect in light of the reversal of Roe. Ky. Rev. Stat. § 311.772.

A Kentucky statute prohibits abortion after viability “except when necessary to preserve the life or health of the woman.” Ky. Rev. Stat. § 311.780, which, in June 2023, was upheld as enforceable. Ky. Rev. Stat. § 311.781-783. In 2019, Kentucky passed a heartbeat bill, which is currently being challenged, but the Kentucky Supreme Court has allowed it to take effect during the course of litigation. Ky. Rev. Stat. § 311.7705

Three Jewish women have brought a lawsuit against the state, claiming that abortion restrictions violate their religious liberty.

In 2006, Louisiana enacted a broad ban on abortion – with minimal exceptions – that has taken effect in light of the reversal of Roe. La. Rev. Stat. § 40:1061. Another Louisiana law prohibits most abortions post-viability. La. Rev. Stat. § 40:1061.13. A statute that bans most abortions after a fetal heartbeat is detected has taken effect in light of Dobbs. La. Rev. Stat. § 40:1061.1.3.

In 2020, Louisiana’s voters approved an amendment to the Louisiana Constitution’s Declaration of Rights that states, “To protect human life, nothing in this constitution shall be construed to secure or protect a right to abortion or require the funding of abortion.” Art. I, § 20.1.

In Maine, there is a statutory right to an abortion before viability and after viability when necessary to preserve the life or health of the mother. Maine Rev. Stat. § 1598(1). Maine will continue to have a right to an abortion, absent legislative changes.

In 2024 the governor signed a “shield law” that will prevent action from being taken against abortion providers by other states.

In Maryland, there is a statutory right to an abortion before viability and at any time when necessary to protect the life or health of the mother or in cases where the unborn child has a genetic anomaly or serious physical deformity. Maryland Health-General § 20-209(b). Maryland passed a law in 2022 increasing those allowed to perform abortions from doctors to other medical professionals and licensed midwives. H.B. 937. 

A state constitutional right to abortion will be voted on in 2024.

In Moe v. Secretary of Administrative & Finance, 417 N.E.2d 387, 398 (Mass. 1981), the Massachusetts Supreme Judicial Court held that the rights announced in Roe, which include the right to an abortion, are an integral part of Massachusetts state jurisprudence. Statutory law also broadly protects abortion before 24 weeks and permits abortion after 24 weeks in several circumstances (such as to preserve the mother’s physical or mental health). 

Since Dobbs, Massachusetts has enacted a law to prevent abortion providers from out-of-state legal action and gives the sued provider the ability to file their own suit to recover actual damages from the out-of-state party attempting to sue. H.B. 5090. The Governor also signed an executive order restricting cooperation with out-of-state investigations into abortion practices. Mass. Exec. Order No. 2022-600 (June 24, 2022). 

On Jun 24, 2024, the governor issued Executive Order No. 633 “Protecting Access to Emergency Abortion Care in Massachusetts.”

Post-viability abortions are generally prohibited in Michigan. Mich. Comp. Laws § 750.323; Larkin v. Wayne Prosecutor, 389 Mich. 533, 208 N.W.2d 176 (1973). The 1931 statute banning abortion except when necessary to preserve the mother’s life was repealed by the legislature and signed by the governor in April 2023. Mich. Comp. Laws § 750.14. 

A 1997 court of appeals decision held that the Michigan Constitution does not guarantee a right to have an abortion. Mahaffey v. Attorney Gen., 222 Mich. App. 325, 564 N.W.2d 104 (1997). In a pair of recently filed lawsuits, however, the plaintiffs seek rulings from Michigan courts that declare the existence of such a right. 

In November 2022, voters approved amending the state’s constitution to provide for a right to abortion up to fetal viability. Post-viability abortion can be regulated as long as there are exceptions to preserve the life and health of the pregnant individual.

The Minnesota Supreme Court held in Women of the State of Minnesota v. Gomez, 542 N.W.2d 17, 27, 31 (Minn. 1995) that there was a right to an abortion in the state constitution, and legislation may not violate that fundamental right. Minnesota has a statutory ban on abortion after viability, but this statute was held unconstitutional in Hodgson v. Lawson, 542 F.2d 1350 (8th Cir. 1976). The reversal of Roe may not have any practical effect on the enforceability of this legislation in light of the Gomez decision. A broad abortion right will remain in Minnesota, absent a constitutional amendment or a reversal of Gomez.

Minnesota is vigorously pursuing its abortion agenda. In the summer of 2022, a district court held the 24-hour waiting period and the parental notification requirements for minors to be unconstitutional. In January 2023, the legislature passed a bill stating there is a fundamental right to abortion. At the close of its session in May, additional legislation passed removing language from the code that mandates doctors care for infants born alive after an abortion and cutting funds to pregnancy resource centers.

In 2007, Mississippi banned abortion “except in the case where necessary for the preservation of the mother’s life or where the pregnancy was caused by rape.” Miss. Code Ann. § 41-41-45. “As of July 7[, 2022], abortions are allowed only if the woman’s life is endangered by the pregnancy or if the pregnancy was caused by a rape that was reported to law enforcement.” A lawsuit was filed in November 2022 claiming the 1998 case Pro-Choice Mississippi v. Fordice grants a constitutional right to abortion, trumping the 2007 abortion ban. 

Meanwhile, the state has passed eight new bills to aid those having children.

In 2019, Missouri enacted a ban on abortion, except in cases of medical emergencies, which has taken effect in light of Dobbs. Mo. Rev. Stat. § 188.017. A Missouri statute bans post-viability abortions (with exceptions). Mo. Rev. Stat. § 188.030. In May 2024, Missourians for Constitutional Freedom gathered over 380,000 signatures in an effort to get the Right to Reproductive Freedom, a constitutional amendment that would legalize abortion, on the ballot in 2024. The group is waiting for the signatures to be certified yet expects the amendment to be on the ballot in 2024.

A lawsuit brought by religious leaders claiming the state’s abortion restrictions violate Missouri’s constitution is currently underway. A St. Louis judge recently dismissed a lawsuit brought by religious leaders claiming the state’s abortion restrictions violate Missouri's constitution.

The Supreme Court of Montana has held that the Montana Constitution’s protection of the right of privacy includes the right to access abortion, and abortion restrictions are subject to strict scrutiny. Armstrong v. State, 1999 MT 261, 989 P.2d 364 (1999). Montana statutes restricting abortion will remain subject to strict scrutiny, absent a constitutional amendment or a reversal of Armstrong.

A statute with broad language prohibiting most abortions has been held to only apply when an unborn child is capable of feeling pain or is viable, with an exception to protect the life of the mother. Mont. Code Ann. § 50-20-109. A ban on most abortions after 20 weeks, enacted in 2021 (Mont. Code Ann. § 50-20-603), has been enjoined. 

The state remains in a slew of legal battles pertaining to existing and new legislation. In February 2024, a Montana trial judge struck down three statutes restricting abortion as “incompatible with the text of the Montana Constitution and values it recognizes.” Among the laws voided by the trial court are Mont. Code Ann. § 50-20-603, which bans most abortions after 20 weeks; Mont. Code Ann. § 50-20-113, which requires providers to offer patients an opportunity to view an ultrasound or listen to the fetal heart tone; and Mont. Code Ann. § 50-20-707, which provides for a 24-hour waiting period after a patient has given informed consent. The state of Montana has said it plans to appeal the trial court’s ruling. 

Additionally, Planned Parenthood preemptively brought suit against Montana over H.B. 721, a ban on dismemberment abortions. The bill has now been signed and remains under litigation. Four other pro-life bills were concurrently signed, notably S.B. 154, which declares there is no constitutional right to abortion, in contrast with the 1999 Armstrong ruling. In a prior case, the state of Montana had already asked the state Supreme Court to overturn the Armstrong decision. While S.B.154 may be instrumental in overturning Armstrong, in May 2023, the Montana Supreme Court declared legislation restricting abortion to physicians and physician assistants unconstitutional, affirming Armstrong.

In June 2024, an abortion rights activist group collected enough signatures to put a measure on the November ballot that would amend the Montana constitution to expressly guarantee a right to abortion.

A Nebraska statute prohibits abortion after “the unborn child clearly appears to have reached viability, except when necessary to preserve the life or health of the mother.” Rev. Stat. Nebr. § 28-329. A bill that would have made most abortions illegal in Nebraska in the event that Roe is overturned was narrowly defeated. Nebraska can enforce its existing abortion restrictions and enact additional restrictions.

In May 2023, the state legislature passed a 12-week abortion ban. In August 2023, a Nebraska district court judge granted the Nebraska Attorney General’s Office motion to dismiss a lawsuit by Planned Parenthood challenging the ban. The case is now before the Nebraska Supreme Court on appeal.

In Nevada, there is a statutory right to an abortion “[w]ithin 24 weeks after the commencement of the pregnancy” and “[a]fter the 24th week of pregnancy only if the physician has reasonable cause to believe that an abortion currently is necessary to preserve the life or health of the pregnant woman.” Nev. Rev. Stat. § 442.250(1). 

In 2022, the Governor issued an executive order restricting cooperation with out-of-state investigations pertaining to abortion and prohibiting licensing boards from disciplining licensees for performing abortions. Nev. Exec. Order No. 2022-08 (Jun. 28, 2022). The Nevada legislature passed Senate Joint Resolution 7, a step toward amending the state’s constitution to state there is a right to abortion. The resolution must once again pass both legislative bodies in the 2025 session before it can be sent to the people in the 2026 general election. 

The state also has a citizen-initiated ballot measure that would establish a fundamental right to abortion until fetal viability or when necessary to protect the life or health of the pregnant person. This initiative has submitted the required signatures for review and approval. If approved this measure would be on the 2024 ballot.

In New Hampshire, there is a statutory right to an abortion up to the 24th week of pregnancy. After 24 weeks abortion is legal only in the case of a medical emergency or a fetal abnormality incompatible with life. A medical emergency occurs when the abortion is necessary to save the life of the pregnant woman or to prevent a serious risk of substantial and irreversible impairment of a major bodily function. The regulations will continue, absent legislative changes. In November 2022, New Hampshire voted no on holding a state constitutional convention, at which abortion rights likely would have been a topic of debate.

In New Jersey, not only is there a statutory right to an abortion, but also the New Jersey Supreme Court has determined that the right to an abortion is a fundamental right under the state constitution. Right to Choose v. Byrne, 450 A.2d 925, 934 (N.J. 1982). Abortion will remain a right in New Jersey, absent constitutional and statutory changes.

In New Mexico, the pre-Roe abortion ban was repealed in 2021. N.M. Stat. Ann. §§ 30-5-1 through 30-5-3, repealed by S.B. 10, 55th Leg., Reg. Sess. (N.M. 2021). New Mexico does ban partial-birth abortions. N.M. STAT. ANN. § 30-5A-3. An abortion right will continue in New Mexico, absent legislative changes.

A lawsuit has been filed in a dispute over the Comstock Act (which prohibits mailing items pertaining to abortion), a DOJ memo, and a new local ordinance in the city of Eunice. City of Eunice v. Torrez, D-506-CV-2023-00407. 

Now, the state has passed a bill that restricts what local ordinances can do to regulate abortion, voiding the ordinance in the city of Eunice.

In New York, there is a statutory right to an abortion up to 24 weeks from the start of a pregnancy. After 24 weeks abortion is allowed only if there is an absence of fetal viability or if the abortion is necessary to protect the life or health of the mother. N.Y. Pub. Health Law §§ 2599-aa, 2599-bb. The right to an abortion will remain in New York, absent legislative changes.

The New York legislature has passed the Equality Amendment, which now goes to the voters in 2024. If passed, the amendment will “enshrine abortion rights.”

A North Carolina statute permits abortion prior to 20 weeks and after that in the case of medical emergencies. N.C. Gen. Stat. § 14-45.1. Another statute that predates Roe broadly prohibits abortion. N.C. Gen. Stat. § 14-44 but is enjoined. Abortion is legal in North Carolina through 12 weeks, through 20 weeks in cases of rape or incest, and through 24 weeks if physicians detect a life-limiting anomaly. Thereafter, abortion is legal only in cases of a medical emergency. This law is under litigation but has taken effect while the case is pending.

In June 2024 the U.S. District Court in Greensboro struck down a portion of the law dealing with abortion pills and abortions using medications. The ruling allows midwives, nurse practitioners, and physician assistants to prescribe mifepristone and provide medication abortions in addition to medical doctors. The ruling also struck down the requirement imposed by the N.C. General Assembly that patients must schedule an additional in-person follow-up visit when obtaining a medication abortion.

A North Dakota statute that prohibits most abortions is under litigation due to claims it violates the state’s constitution. N.D. Cent. Code § 12.1-31-12. Other statutes prohibit most abortions post-viability (N.D. Cent. Code § 14-02.1-04(3)) and after 20 weeks (N.D. Cent. Code § 14-02.1-05.3(3)). Enforcement of statutory provisions that limit abortion after a heartbeat is detected (N.D. Cent. Code §§ 14- 02.1-05.1 & 14-02.1-05.2) has been enjoined, MKB Mgmt. Corp. v. Stenehjem, 795 F.3d 768 (8th Cir. 2015), but the state can seek to have the injunction lifted in light of Dobbs.

In April 2023, North Dakota passed a new law banning abortion with minimal exceptions limited to rape or incest, ectopic or molar pregnancies, or the imminent death of the mother. A lawsuit challenging the law has been filed, but it has taken effect pending the outcome.

The Ohio Constitution includes a right to abortion. Ohio Const. art I, § 22. However, abortion may be regulated after fetal viability, which the Ohio Constitution defines as when “the fetus has a significant likelihood of survival outside the uterus with reasonable measures.” Id. § 22(C)(1). The abortion of a viable fetus may be prohibited except in cases where the physician determines that there is a risk to the mother’s life or health. Id. § 22(B)(2). Before the amendment enshrining abortion rights was passed, Ohio had a six-week heartbeat ban on abortions. Currently, the heartbeat ban is enjoined, and an attempt is being made to make the enjoinment permanent in Preterm-Cleveland v. Yost in an Ohio county court. The case is still ongoing, but with the passage of the constitutional amendment, the heartbeat ban will likely be ruled against. 

Currently, Planned Parenthood is challenging various laws that limit the use of medical abortion, as well as a law involving the disposal of fetal remains after a surgical abortion.

Oklahoma bans all abortions except in cases where it is necessary to preserve the life of the mother. Okla. Stat. tit. 21 § 861-62 (2024). This law pre-dates Roe and went into effect after the Dobbs decision. The Oklahoma Supreme Court upheld it as constitutional in Oklahoma Call v. Drummond, 526 P.3d 1123 (Okla. 2023).

In Oregon, there is a statutory right to an abortion. Or. Rev. Stat. § 659.880. Additionally, Oregon’s Right to Healthcare Amendment, which declares that cost-effective, clinically appropriate, and affordable health care is a fundamental right, may effectively make taxpayer-funded abortion a state constitutional right in Oregon. 

Progressive groups have begun collecting signatures for a ballot initiative on the 2026 ballot that would make abortion a constitutional right in Oregon.

In Pennsylvania, abortion is allowed during the first 24 weeks of pregnancy or to avert the death or substantial and irreversible impairment of a major bodily function of the mother. 18 Pa. Consol. Stat. § 3211(a)-(b). The legislature has stated its intent, however, “to protect the life and health of the child subject to abortion,” and, as such, “[i]n every relevant civil or criminal proceeding in which it is possible to do so without violating the Federal Constitution, the common and statutory law of Pennsylvania shall be construed so as to extend to the unborn the equal protection of the laws and to further the public policy of this commonwealth encouraging childbirth over abortion.” 18 Pa. Consol. Stat. § 3202(a), (c). Accordingly, it has placed restrictions on insurance coverage provided by state funds. Some of which are currently being challenged. 

SB 106, “proposing separate and distinct amendments to the Constitution of the Commonwealth of Pennsylvania, providing that there is no constitutional right to taxpayer-funded abortion or other right relating to abortion,” passed during a prior legislative session and will need to pass during the 2023–2024 session to be placed on the ballot for voter approval.

In Rhode Island, there is a statutory right to an abortion before viability and after viability to protect the life or health of the mother. R.I. Gen. Law § 23-4.13-2. However, Rhode Island’s constitution specifically does not guarantee a right to abortion: “Nothing in this section shall be construed to grant or secure any right relating to abortion or the funding thereof.” Art. 1, § 2.

The governor issued an executive order restricting cooperation with out-of-state investigations pertaining to abortion and to protect licensees from out-of-state sanctions for performing abortions. R.I. Exec. Order, No. 22-28. Additionally, in 2024, Rhode Island passed a Healthcare Provider Shield Bill to “prevent[] civil or criminal action against Rhode Island providers by other states or people” “for helping people seek access to . . . reproductive healthcare services.”

In South Carolina, abortion is prohibited after 20 weeks, except in the case of fetal anomaly or to avert the death or serious risk of substantial and irreversible physical impairment of a major bodily function of the mother. S. Car. Code § 44-41-450(A).

In 2021, South Carolina passed the Fetal Heartbeat and Protection from Abortion Act, which prevents an abortion once a fetal heartbeat is detected. A federal court enjoined the Act from going into effect, based on Roe and its progeny, and a federal appeals court affirmed that decision. Planned Parenthood v. Wilson, 527 F. Supp. 3d 801, 817 (D. S.C. 2021), aff’d, 26 F.3d 600 (4th Cir. 2022). In light of Dobbs, in June 2022, the injunction was lifted. However, Planned Parenthood continued to challenge the law. In January 2023, the South Carolina Supreme Court ruled there is a limited constitutional right to abortion and found the heartbeat bill unconstitutional. Planned Parenthood S. Atl., v. South Carolina, No. 28127 (S.C. Jan 5, 2023). In May 2023, the legislature passed a new law prohibiting abortion after the detection of cardiac activity. Planned Parenthood has again filed suit.

In 2005, South Dakota passed a trigger law, which has now gone into effect, that outlaws abortion except to preserve the life of the mother. S.D. Codified Laws § 22-17-5.1. In addition, no abortion provider may schedule a woman for an abortion before an initial consultation, and the abortion provider cannot take a woman’s consent for the abortion before the pregnant woman receives counseling from a third-party non-abortion agency. S.D. Codified Laws §§ 34-23A-53 to -62. This requirement is aimed at preventing women from being pressured or railroaded into abortions they do not want. Planned Parenthood challenged the statutory provisions in federal court and obtained a preliminary injunction, but on appeal (where we represented the state defendants), the Eighth Circuit vacated that injunction, allowing the law to take effect. In February 2024 the legislature approved the creation of a video outlining the state’s abortion laws. This video now awaits the approval of the governor.

A petition to challenge the current pro-life laws reportedly has enough signatures to appear on the Nov. 5, 2024, ballot. The petition would legalize abortion on demand in the first trimester, a ban with exceptions in the second trimester, and outlaw abortion in the third trimester, with exceptions only for the life and health of the mother.

Tennessee’s constitution provides: “Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives and state senators to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the pregnant woman.” Tenn. Const. art. I, § 36.

Because of a trigger law that went into effect shortly after the Dobbs decision, Tennessee currently outlaws abortions at all stages. Tenn. Code § 39-15-213. The only exceptions are to save the life of the mother or prevent serious injury or impairment to her vital functions. In 2020, a law (H.B. 2263) was enacted that “ban[s] abortions after a fetal heartbeat is detected or if a person seeking an abortion did so based on race, sex, or Down syndrome diagnosis of a fetus.” On July 1, 2024, a new law took effect, criminalizing the actions of adults who take minors out of state to get an abortion. A violation of this law is a Class A Misdemeanor. A lawsuit challenging this law has been filed.

In Texas, abortions are allowed until a fetal heartbeat is detected, and private parties may enforce the statute. Tex. Health & Safety Code § 171.204-12. Texas also bans abortion except to avert the death or substantial impairment of a major bodily function of the mother. Tex. Health & Safety Code § 170A.002.

In May 2024 the Texas Supreme Court refused to clarify exceptions to the state’s abortion bans. Zurawski v. State of Texas. Additionally, the 5th Circuit ruled in January 2024 that “[f]ederal regulations do not require emergency rooms to perform life-saving abortions.”

In Utah, an abortion is allowed before 18 weeks gestational age or after in order to protect the life and health of the mother. Utah Code § 76-7-302. Abortions after 18 weeks are allowed in cases of rape or incest.

In Vermont, a state constitutional right to abortion is enshrined in Vt. Const. art. 22. Abortion is considered a “fundamental right” and is also statutorily protected. 18 Vt. Stat. Ann. § 9493(b). There are absolutely no limitations to abortion in Vermont. 

Vermont passed the first so-called shield law, Vt. Stat. Ann. tit. 1, § 150, which would protect patients who come from states where abortion is outlawed to Vermont to receive abortions, as well as the Vermont health-care providers who perform those procedures, from out-of-state prosecution. The law also protects access to abortion pills.

In Virginia, there is a statutory right to an abortion, Va. Code §§ 18.2-72 through 18.2- 74.1. “Partial birth infanticide” is illegal in Virginia, and abortion after the third trimester is prohibited unless “the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.”

In Washington, there is a statutory right to an abortion before viability or to protect the life and health of the mother. Wash. Rev. Code §§ 9.02.100, et seq. A law passed in 2022 that further protected abortion rights and abortion providers by amending the statute, removing the word “woman” from the statute and amending language in Wash. Rev. Code §§ 9.02.100, et seq to include “transgender”and other sexual expressions as protected classes.

The governor issued an executive order restricting cooperation with out-of-state investigations pertaining to abortions. Dir. of the Gov., No. 22-12 (Jun. 30, 2022). Laws were also passed protecting providers and recipients from out-of-state legal consequences. H.B. 1340 and H.B. 1469, 68th Leg., Reg. Sess. (Wa. 2023).

West Virginia’s constitution specifies: “Nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion.” W. Va. Const. art. VI, § 57. Abortion can be significantly restricted in West Virginia based on its pre-Roe law and its constitution. 

West Virginia had a pre-Roe law from 1849 that prohibited abortion, W. Va. Code § 61-2-8, but that law was held to violate the federal Constitution based on Roe. Doe v. Charleston Area Med. Ctr., 529 F.2d 638, 644-45 (4th Cir. 1975). This law, however, was repealed when the state’s legislature passed, and the governor signed a law that prohibits all abortions except for medical emergencies, rape, and incest. W. Va. Code § 16-2O-1. These exemptions expire at eight weeks for adults and 14 weeks for minors.

In Wisconsin, abortion is permitted by statute up to 20 weeks post-fertilization, before viability, in the case of a medical emergency, or to avert the death or substantial and irreversible physical impairment of a major bodily function of the mother. Wis. Stat. §§ 253.107(3), 940.15. Efforts are currently being made to increase the ban to a 14-week abortion ban by a statewide referendum. Abortion is still legal in many situations in Wisconsin.

Wisconsin also has a state law, Wis. Stat. § 940.04, that the Wisconsin Supreme Court has construed as a feticide statute (not an abortion statute) that prohibits “the intentional destruction of an unborn quick child presumably without the consent of the mother.” State v. Black, 188 Wis. 2d 639, 646-47 (Wis. 1994). This law is currently being challenged by the state Attorney General and pro-choice leaders to determine how the law should be properly categorized and whether it conflicts with other laws. Kaul v. Kapenga, No. 2022-CV-1594 (Wis. Cir. Ct. June 28, 2022). The Wisconsin Supreme Court declared in July 2024 that it would take up the appeal of Kaul v. Kapenga.

In Wyoming, an abortion may not be performed after viability except in limited circumstances. Wyo. Stat. Ann. § 35-6-102. In 2022, Wyoming passed a trigger ban on abortion (except in limited circumstances) H.B. 92, 66th Leg. Reg. Sess. (Wyo. 2022), amending Wyo. Stat. Ann. § 35-6-102. Litigation is underway regarding the law’s enforceability. In 2023, Wyoming passed the Life is a Human Right Act as well as a prohibition on abortion medications. Both of these laws are blocked from enforcement pending the results of ongoing lawsuits.