These are states than ban abortion, and states that protect it

Since the Supreme Court decision in Roe v. Wade, state abortion laws are changing rapidly. VERIFY tracks which states make it illegal.

Editor’s Note: This story is regularly updated to reflect ongoing changes in each state’s abortion laws.

On June 24, the Supreme Court ruled in favor of abortion restrictions in Mississippi in Dobbs v. Jackson Women’s Health Organization. In its appeal to the Supreme Court, Mississippi asked the court to rule on both the constitutionality of its ban on abortion after 15 weeks of pregnancy and the constitutionality of the state’s abortion protections enshrined in the Roe v. Wade was guaranteed from 1973.

All six Conservative justices agreed that Mississippi’s 15-week ban is constitutional, while only five of the justices — with the exception of Chief Justice John Roberts — agreed to overthrow Roe v. Wade. However, this was sufficient to support the original Roe decision and the Casey v. Planned Parenthood of 1992, which reaffirmed this protection until the fetus was viable.

As a result, the legality of abortion was handed over to the states. Some states are now trying to restrict abortion in whole or in part, while others have cemented state protections for the medical procedure.

THE SOURCES

WHAT WE FOUND

State abortion laws change after Roe v. Wade fast.

Thirteen states had “trigger laws” that were ready to go as soon as federal protections on abortion were lifted; Trigger laws are laws that states enacted before the Roe v. Wade was overthrown and allow the state to enforce an abortion law within 30 days, or in some states immediately.

Several states have full or partial bans on abortion that are currently blocked by courts, pre-Roe abortion laws with unclear application in the present day, or a mixture of other laws protecting or restricting abortion.

As of June 28, nine states have enacted bans on most or all abortions. Two other states have attempted to enact their trigger laws, but they are currently blocked by the courts.

Which states have trigger laws?

There are 13 states before the Supreme Court’s Roe v. To topple Wade, the Guttmacher Institute says they have prepared trigger legislation.

Kentucky, Louisiana, Texas, Tennessee, South Dakota, Wyoming, North Dakota, Oklahoma, Missouri, Arkansas, Mississippi, Idaho and Utah all passed trigger legislation before the Dobbs ruling. Each of the 13 states is to ban all abortions within the next 30 days, either automatically or by action of a state official. The only exception, which is consistently present in all prohibitions, is when the life of the pregnant person is in danger.

On June 28, Texas, Kentucky, South Dakota, Oklahoma, Arkansas and Missouri all passed their abortion bans. Utah and Louisiana also attempted to enforce their bans, but both were blocked by court order, keeping abortion legal in the two states for the time being.

Are there other states that have now banned most or all abortions?

Yes, as of June 28, there are three states — Alabama, Ohio, and South Carolina — that have banned most or all abortions since the Dobbs ruling. Alabama bans all abortions with few exceptions, while Ohio and South Carolina ban all abortions after six weeks.

Bans on “most or all abortions” include abortion bans beginning six weeks after conception because many pregnant women are unaware they are pregnant at that point. Planned Parenthood says that about 85% of abortions in Texas — before state restrictions on abortions at six weeks — occurred at six weeks.

All three states passed their anti-abortion laws before the Supreme Court’s decision to overturn state protections on abortion, but their laws have been blocked by court orders. The orders were lifted following the Supreme Court decision.

Are there more states with laws blocking all abortions after six weeks?

Yes, there are two states with laws that block all abortions after six weeks: Georgia and Iowa. Laws for both states are currently blocked by court orders made before Roe v. Wade was lifted.

Both states currently have laws banning all abortions after the 22nd week of pregnancy, which will remain in effect until the courts enact more restrictive bans. The six-week lockdowns will not come into effect until the courts lift the injunctions that are currently blocking them.

What is the status of other government restrictions on abortions?

There are several states with severe abortion restrictions that are about to be enacted or are already being enacted, and several others with laws that are unenforced or face legal challenges.

VERIFY defines “abortion restrictions” in this case as laws blocking access to abortion before the fetus is viable. The Guttmacher Institute says that pregnancy generally falls between the 24th and 28th week. The Planned Parenthood v. Casey’s 1992 reaffirmed federal protections for abortions, but only to the point of viability of the fetus. Many states have banned nearly all abortions beyond 24 weeks or fetal viability since that decision.

A ban on all abortions after 15 weeks is scheduled to go into effect July 1 in Florida, but abortion providers plan to challenge that law, according to the Center for Reproductive Rights.

However, Arizona also prohibits abortions after 15 weeks; The state also has a pre-Roe law that bans all abortions. According to the wording of the law, the law, which bans abortions after 15 weeks, does not overturn the state’s pre-rogen ban. The pre-roe ban is currently blocked by a court order. The 15-week ban is currently in effect.

Several other states – Michigan, Wisconsin and West Virginia – also have pre-Roe abortion bans that are in legal limbo. The Kaiser Family Foundation says Michigan’s pre-Roe law is currently blocked by a court order. West Virginia Governor Jim Justice announced he would be consulting with his legal team to determine whether clarification of the state’s laws was needed, and Attorney General Patrick Morrisey said he would provide a legal opinion to the state legislature on how to proceed. Abortion providers in Wisconsin are acting like the medical procedure is banned in the state but have acknowledged the “legal uncertainties.”

North Carolina’s ban on abortions after 20 weeks of pregnancy before Roe was overturned by a court in 2019. The state currently allows abortions at 24 weeks gestation.

There are currently eight states with active bans on abortion after 22 weeks of pregnancy. Three of those states — Louisiana, Georgia, and Iowa — currently have laws banning most or all abortions, which are blocked by court orders. Two of those states, Wisconsin and West Virginia, have pre-Roe laws banning all abortions with unclear applicability today. Indiana, Kansas, and Nebraska are the other three states that ban abortions after 22 weeks.

Are there states that explicitly protect abortion rights?

Yes, the Center for Reproductive Rights says 21 states plus Washington, DC have abortion protections. These states are California, Oregon, Washington, Colorado, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, Maine, Maryland, Nevada, New Jersey, New York, Rhode Island, Vermont, Minnesota, and Alaska. In Florida, Kansas, and Montana, the state constitutions guarantee abortion rights, but legislatures in those states are actively trying to enact restrictions.

State courts have previously determined that the state constitution protects abortion rights in each of the three states. Florida, as noted above, is imposing a 15-week ban. As the courts have yet to weigh the law, it is not clear at this time whether the law meets the standards of the state constitution. In August 2022, Kansas voters will vote on an amendment that would remove the state’s abortion protections through a referendum.

In Montana, the state legislature tried to ban abortions after 20 weeks, but the state Supreme Court blocked it due to the state constitution’s protections against abortion. However, it is the only one of the three states where a court has blocked the state’s attempt to enact an abortion ban; The Kaiser Family Foundation says there is a lawsuit challenging the court’s decision and interpretation of the Montana state constitution.

On Monday, June 27, New Mexico became the 22nd state to specifically protect abortion rights through an executive order signed by Gov. Michelle Lujan Grisham.

Officials in three states are trying to enshrine abortion rights in their state constitutions. In Vermont and California, the November vote will include referendums on proposed changes that would cement states’ already existing abortion protections into their state constitutions. In April, Michigan Gov. Gretchen Whitmer filed a lawsuit asking the Michigan Supreme Court to determine whether the state’s constitution protects abortion rights. It’s the same lawsuit that’s currently blocking the state’s abortion ban before Roe, and the state’s Supreme Court has yet to make its decision.

While most states that protect abortion rights do so until viability, four states and the District of Columbia protect it throughout pregnancy. Those states are Colorado, New Jersey, Oregon, and Vermont, according to the Kaiser Family Foundation.

What do other states say about abortion?

New Hampshire, Pennsylvania and Virginia are the only three states that do not have statutes or constitutional protections for abortion rights, nor have enacted laws that would restrict abortion opportunities.

For now, abortion is legal in each of these states.

Virginia’s governor has expressed a desire to pass a 15-week abortion ban, but the state Senate is controlled by Democrats who could block such a ban. Pennsylvania’s Republican legislature has attempted to pass anti-abortion legislation in the past, but the state’s Democratic governor has vetoed all of those laws.

The Republican governor of New Hampshire has said abortion will remain safe and legal in the state, which also has a Republican legislature.

More from VERIFY: No, abortion is now that Roe v. Wade is not illegal in all states

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