State Watch

Abortion is banned or severely restricted in these states

Roe v. Wade overturned
AP/Steve Helber
A celebration outside the Supreme Court, Friday, June 24, 2022, in Washington.

The Supreme Court issued the biggest decision of its term on Friday when it overturned Roe v. Wade, eliminating the constitutional right to an abortion. 

The decision came more than a month after a leaked Supreme Court draft opinion indicated that the high court planned to overturn the 1973 landmark decision. Opponents of abortion rights celebrated while those in favor of access to the procedure despaired over what a post-Roe future will look like.

With the decision on how to regulate abortion left to the states, a patchwork of laws is emerging as some states move to ban or limit abortion while others rush to create additional protections for people who perform or obtain the procedure.

It is expected that abortion could be banned or severely restricted in about half the states.

More than a dozen states had “trigger” laws in place before the Friday ruling, designed to ban or seriously restrict abortion as soon as Roe was overturned. Some of those bans have already gone into effect, while others are likely to become effective in a matter of days or weeks. 

Here are the states that have already banned or restricted abortion:

June 24

Missouri

Missouri became among the first states to effectively end abortions when state Attorney General Eric Schmitt (R) “triggered” legislation banning the medical procedure by issuing an opinion certifying Roe had been overturned just hours after the Supreme Court ruling.

Louisiana

Louisiana Attorney General Jeff Landry (R) confirmed on Friday that its trigger law went into effect after the Supreme Court overturned Roe v. Wade, but a judge temporarily blocked enforcement of the law on Monday. According to the text of that legislation, one of the circumstances in which the law goes into effect is if the Supreme Court partly or fully reverses the 1973 landmark decision, which would give states the authority over whether to allow the medical procedure. 

South Dakota

South Dakota’s trigger law became effective on Friday. Text from the state’s legislation notes the trigger ban becomes effect the same day that the Supreme Court gives states the rights to choose abortion enforcement policies. 

Kentucky

Kentucky’s trigger law went into effect on Friday, with the legislation’s text noting that it could become effective immediately should Roe v. Wade be partly or fully reversed by the Supreme Court. 

Oklahoma

Oklahoma is now enforcing its abortion ban after Oklahoma Attorney General John O’Connor (R) certified to top officials in the state and its legislature that Roe v. Wade had been overturned by the high court. He notified officials that they would be allowed to begin enforcing its trigger law.

Ohio

Ohio’s abortion ban is now law after a court dissolved an injunction against the legislation

Arkansas

Arkansas initiated its trigger law after state Attorney General Leslie Rutledge (R) certified following the Supreme Court’s decision that it had overturned Roe v. Wade. 

Texas

Texas Attorney General Ken Paxton (R) said on Friday abortion was immediately illegal in the state under a ban passed before Roe that was never repealed, adding abortion providers “could be” criminally liable. A separate ban passed in 2019 will go into effect 30 days after the Supreme Court’s judgement, a separate document from its opinion that will be issued after the window for a rehearing request closes.

Alabama

A district court on Friday lifted a previous injunction that prevented the implementation of a 2019 ban on most abortions. The law bans all abortions except for when a continued pregnancy would present “serious health risk” to the mother or if the fetus would die shortly after birth. The law includes no exceptions for rape or incest, and doctors who perform an illegal abortion can be sentenced up to life in prison.

Utah

A trigger law went into effect on Friday following a letter from the state legislature’s general counsel. The law bans all abortions with limited exceptions, like rape, incest, severe fetal “brain abnormality” or an ectopic pregnancy.

West Virginia

A law enacted before Roe that was never repealed makes abortion illegal in the state. The law carves out an exception for abortions performed with the intent of saving the mother. The state’s attorney general on Friday celebrated the court’s ruling and said he would provide a legal opinion “in the next few days” on the state law. The state’s sole abortion clinic said on Friday it had stopped providing abortions.

Wisconsin

An 1843 law that has remained on the books makes abortion illegal except for instances needed to save the mother’s life. The state’s attorney general has previously said he would not enforce the law, but Planned Parenthood of Wisconsin still suspended its abortion services.

Arizona

A pre-Roe law remains on the books that bans abortion except for when it is performed to preserve the mother’s life. Abortion providers have stopped providing abortions since Roe was struck down. A law that bans abortions at 15 weeks is set to soon go into effect.

Updated: 2:00 p.m. on June 27

Tags Abortion abortion bans abortion rights eric schmitt Jeff Landry John O'Connor Roe v. Wade Supreme Court

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