Here is where you can still get an abortion, despite Roe v. Wade being struck down

There are at least eight states that have protective abortion policies, offering legal abortions until fetal viability around 24 to 26 weeks of pregnancy.

by Shirin Ali | June 24, 2022 | Jun. 24, 2022

Story at a glance

The Supreme Court on Friday issued a decision that overturned the constitutional right to seek an abortion.

Many states will soon act to restrict or outright ban abortion following the decision.

But there are many states that still offer abortion, with state Medicaid and private health insurance plans required to cover the cost.

Getting an abortion is still possible in parts of the U.S. despite the Supreme Court issuing a decision Friday striking down Roe v. Wade, the landmark 1973 ruling that established a constitutional right to access abortion.

At least eight states offer protective abortion policies, according to the research and policy organization Guttmacher Institute, with each offering legal abortions until fetal viability— which is around 24 to 26 weeks of pregnancy.

There are even a few states that currently don’t impose any abortion restrictions based on gestational age.

In total, Guttmacher found 16 states have passed laws that protect the right to an abortion: four states and Washington, D.C., have codified the right to an abortion through pregnancy without state interference, while 12 states have explicitly permitted abortion prior to fetal viability or when necessary to protect the life or health of the pregnant person.

The country was preparing for the end of the federal right to an abortion since May, when a leaked draft opinion showed the Supreme Court poised to overturn Roe v. Wade. In doing so now, the court has reversed a nearly 50-year precedent of the constitutional right to seek an abortion.

In Friday’s final opinion on Dobbs v. Jackson Women’s Health Organization, the court ruled, “the Constitution does not confer a right to abortion,” and that abortion access is an authority that should be left to states to handle.

There are 22 states certain to attempt to ban abortion as quickly as possible now that Roe has been struck down. Within that, 13 have trigger laws already in place that are designed to take effect automatically or by quick station action now that Roe no longer applies.

However, Guttmacher found there are at least eight states that maintain abortion access with protective policies in place, taking into account cost and gestational age.

States with protective abortion policies

Maine

Allows abortions until fetal viability, which is generally around 24 to 26 weeks of pregnancy. State Medicaid also covers abortion services and private health insurance plans are also required to cover it. The state also has protections in place for patients and abortion clinic staff.

2. New York

Abortions are allowed until fetal viability, which is generally around 24 to 26 weeks of pregnancy. State Medicaid funds will cover the cost of abortion and private health insurance plans are required to do so too. The state also has protections in place for patients and abortion clinic staff.

Weeks ago, New York Gov. Kathy Hochul (D) signed multiple bills that aim to protect patients and providers from out-of-state restrictions. One law protects the confidentiality of providers and patients from out-of-state inquiries over lawful abortions in New York, while another will shield health care providers from misconduct charges for offering services to patients who live in a state where the abortion considered illegal.

Illinois

Illinois Gov. JB Pritzker (D) confirmed days after the draft opinion leaked at the Supreme Court, “no matter what atrocious opinion the Supreme Court officially rolls out this summer in regards to Roe v. Wade, abortion is safe and legal in Illinois.”

California

California Gov. Gavin Newsom (D) released a statement on Twitter in May that he would work with state senators to, “enshrine the right to choose in the California constitution.”

Washington state

Vermont

There are currently no restrictions based on gestational age in order to receive an abortion. State Medicaid will cover the cost of abortion, but it’s not required of private health insurance plans.

Vermont lawmakers are looking to voters to enshrine the right to an abortion within the state’s Constitution, with residents set to vote on the measure in the upcoming November elections.

Colorado

There are currently no restrictions based on gestational age in order to receive an abortion. However, state Medicaid does not cover abortion care except in limited circumstances. Minors who want an abortion are also required to have parental consent or notice.

A month before the Supreme Court draft opinion leak, Colorado Gov. Jared Polis (D) signed the Reproductive Health Equity Act which codified abortion access in the state.

New Mexico

There are currently no restrictions based on gestational age in order to receive an abortion. State Medicaid will cover the cost of abortion, but it’s not required of private health insurance plans.

Other states, like North Carolina, Virginia, New Hampshire, Massachusetts and Minnesota, also allow abortions up until 24 weeks of pregnancy, but require women go through counseling and observe a waiting period before they can go through with the procedure.

Local leaders affirm abortion access

Many local lawmakers are welcoming out-of-state visitors who want an abortion, like Chicago mayor Lori Lightfoot who said on Twitter, “As mayor, I have one message to anyone worried about access to abortion care… Chicago’s doors are open. We unequivocally respect you and your choices.”

Abortions are on the rise across the country, with Guttmacher releasing new data that for the first time in 30 years, there was an 8 percent increase in abortions performed in 2020. That equates to about 1 in 5 pregnancies ending in abortion.