When the Supreme Court voted to overturn Roe v. Wade in 2022, many states automatically banned abortion in a series of trigger laws. However, some states are still in legal battles to determine whether or not abortion should be allowed to happen within state borders.
Here’s where the states stand on abortion.
Full ban:
These states have banned nearly all abortions, according to a list from The New York Times.
Alabama: The only exception is if the procedure would save the pregnant person's life or prevent serious health risks. The law has no exceptions for rape or incest, per the Alabama Policy Institute.
Arkansas: The only exception is in cases to save the life of the pregnant person, with no exceptions for incest and rape, according to ABC affiliate KHBS.
Idaho: Exceptions include life-saving care for the mother, and also cases of rape and incest, per Politico. Planned Parenthood is challenging this ban in court, claiming that it violates the state constitution.
Kentucky: Currently, abortion is illegal in Kentucky, with only exceptions for life-saving measures or if the mother could face a severe health risk. However, abortion providers in the state have filed a state court challenge, arguing that the state’s abortion bans violate the Kentucky Constitution, per USA Today.
Louisiana: Similarly to Kentucky, abortion is illegal in Louisiana, with exceptions to save the life of the mother and prevent severe health risks, according to Pew. However, abortion rights advocates are challenging the ban, stating that it violates the state constitution, per USA Today.
Mississippi: Abortion is currently illegal in Mississippi unless to save the life of the mother or to prevent serious health risks, per FindLaw. When Roe v. Wade was overturned last year, a 2007 trigger ban was activated, banning access to abortion within the state. However, according to a 1998 ruling, the right to an abortion is protected by the Mississippi State Constitution. The American Association of Pro-Life Obstetricians and Gynecologists — an out-of-state organization — is filing to overturn that 1998 ruling. The AAPLOG stated that there is a contradiction between the two laws and that doctors should have clarity in order to avoid prosecution, according to The Associated Press. However, the Mississippi Center for Justice and the Democracy Forward Foundation is intervening in the case, on behalf of six Mississippi women. The two organizations claim that AAPLOG has “no practical stake in this particular case,” and that it should be dismissed, per The Associated Press.
Missouri: Abortion is illegal in Missouri, except for situations where the procedure would save the mother’s life or prevent serious health risks. Pro-abortion religious leaders in the state have filed a lawsuit in an attempt to overturn the ban, PBS reported.
Oklahoma: Oklahoma bans abortion at all stages of fertilization, with exceptions for rape and incest but only if reported to law enforcement, per The New York Times. This ban is also being challenged in court by Tulsa and Oklahoma City abortion providers, citing that the laws are unconstitutional, according to Tulsa World.
South Dakota: Due to a trigger law created in 2005, abortion is illegal in South Dakota after the overturn of Roe v. Wade. The law includes exceptions for rape and incest, according to the Argus Leader, and in cases to save the life of the mother, per FindLaw.
Tennessee: Abortion is illegal at all stages of pregnancy in Tennessee, unless the procedure is necessary to save the life of the mother, according to FindLaw.
Texas: Abortions can only be performed in Texas in cases in which it would save the mother or prevent health risks. People who perform abortions at any stage of fertilization could face life in prison and fines of up to $100,000, the Texas Tribune stated.
West Virginia: Abortions can be performed in West Virginia for up to eight weeks of pregnancy, only in cases of sexual assault. In other cases, the procedure is only legal in medical emergencies, if the fetus is “not compatible with life,” or in the case of an ectopic pregnancy, FindLaw stated.
Wisconsin: Abortion is illegal in Wisconsin, except in cases to save the life of the mother, according to WBAY.
States with gestational limits
The following states allow abortions to be performed but only for a limited number of weeks after fertilization. The legal window varies by state.
Arizona: Abortion is legal in Arizona during the first 15 weeks of pregnancy, after a pre-statehood law was overturned in December, according to NPR. After that, the procedure is only allowed in cases to save the mother’s life, per FindLaw.
Florida: After 15 weeks, abortion is prohibited in Florida, The Associated Press reported. After that period, the procedure can only be done to save the life of the mother.
Georgia: Abortions in Georgia are only legal for the first six weeks of pregnancy, according to NPR. After six weeks, the procedure is only allowed if the pregnancy has been diagnosed as “medically futile,” according to FindLaw. A medically futile pregnancy applies in cases where the baby may be born without vital organs, according to NOLA.
North Carolina: Abortion is prohibited in North Carolina after 20 weeks of pregnancy, per The Associated Press. After 20 weeks, exceptions to the ban are only made in cases of medical emergencies.
Ohio: Abortion in Ohio is only legal until a heartbeat can be detected, which could happen anywhere between six and 12 weeks, according to Cleveland.com.
States where abortion bans have been blocked
When Roe v. Wade was overturned, these states had trigger laws to ban abortion automatically. However, the bans were blocked in these states due to ongoing lawsuits or court fights. Abortion can be performed in these states, with some gestational limits applied.
Indiana: After a trigger law placed a ban on abortion in the state in August 2022, a county judge blocked the ban because of lawsuits filed by abortion clinics. The state's case for abortion was presented to the Indiana Supreme Court on Thursday. CBS News says that the court could take at least several weeks to publicly release its decision.
Iowa: In December, a judge blocked a ban that would make nearly all abortions legal in Iowa, according to The Associated Press. However, Gov. Kim Reynolds stated that she plans to bring this issue to the Iowa Supreme Court. Currently, abortion is legal for up to 20 weeks of pregnancy. Axios reporting says that state lawmakers are waiting to hear from the state Supreme Court on how much they can restrict abortion before moving forward.
North Dakota: A trigger law made abortion illegal in North Dakota when Roe v. Wade was overturned, but that ban has been blocked since July by a judge in response to a lawsuit from the Red River Women’s Clinic, the state’s only abortion provider, The Associated Press reported.
Utah: Utah’s trigger law banning abortion went into effect after Roe v. Wade was overturned, but was blocked by a judge following a lawsuit from Planned Parenthood of Utah, who said the law was unconstitutional. The issue is currently moving through the Utah Supreme Court, where some lawmakers claim that Judge Andrew Stone was wrong to prevent the state’s trigger law, according to KSL.
Wyoming: Wyoming also enacted a trigger law that banned abortion when Roe v. Wade was overturned, but that trigger law was blocked by a county judge in response to a lawsuit, according to the Cowboy State Daily. Lawmakers are currently trying to enact a House bill that will overturn the block on the trigger law.
States where abortion is legal, but not protected
According to The Wall Street Journal, abortion is legal in the following states, but not protected by the state’s constitutions. The laws could be overturned by votes, other laws passed, or Supreme Court decisions.
- Alaska.
- Kansas.
- Minnesota.
- Montana.
- Nebraska.
- New Hampshire.
- New Mexico.
- Pennsylvania.
- South Carolina.
- Virginia.
States where abortion is protected until fetal viability
The Wall Street Journal states that there are a dozen states where abortion is legal until viability — when the fetus can live outside of the womb. This typically happens around 24 weeks of pregnancy. This is protected by state law.
- California.
- Connecticut.
- Delaware.
- Hawaii.
- Illinois.
- Maine.
- Maryland.
- Massachusetts.
- Michigan.
- Nevada.
- New York.
- Rhode Island.
- Washington.
States where abortion is protected throughout the entire pregnancy
According to state law, four states — and Washington, D.C. — protect the right to abortion throughout the entire pregnancy, per The Wall Street Journal.
- Colorado.
- Oregon.
- New Jersey.
- Vermont.
- Washington, D.C.
Correction: A previous version of this story incorrectly stated that The Mississippi Center for Justice and Democracy Forward is filing a motion to overturn a ban on abortion in the state. The center has filed a motion to dismiss a lawsuit filed by the American Association of Pro-Life Obstetricians and Gynecologists in Mississippi.