Here's Where Abortion Is Banned—And Where It's Still Legal in the U.S.

Abortion laws across the country are changing rapidly. Here's where things stand for now.

WASHINGTON, D.C. - May 2: Pro-choice protesters rally in front of the Supreme Court after news broke that Roe V. Wade is set to be overturned in Washington, D.C. on May 2, 2022.
Photo: Amanda Andrade-Rhoades/For The Washington Post via Getty Images

The landmark Roe v. Wade ruling, which for half a century protected a pregnant person's constitutional right to a safe and legal abortion, was overturned by the Supreme Court in June and the decision has resulted in a wave of confusion about where abortions are still available.

Laws are in flux in many states across the nation at the moment, or are evolving rapidly, as the sweeping changes triggered by the court's decision continue to unfold. The new ruling from the court is ultimately expected to result in abortion bans in about half of the states in this country. In more than a few Republican-led states abortion will be entirely banned once the dust settles, while in other red states access to the procedure will be severely limited.

As it stands right now, abortion is now banned in at least eight states, according to a tracking map compiled by The New York Times. Additional state bans are expected to be implemented in the days and weeks ahead. And in many places the battle over abortion rights is now being waged in state courts.

Meanwhile, in states led by Democratic lawmakers, officials are working to reinforce abortion rights and protections to ensure individuals will continue have safe access to such critical health care. Some states are even attempting to expand those rights including amending state constitutions and providing financial support to those seeking the procedure.

Here's a closer look at where abortion laws stand across the country, according to data from The New York Times, NPR, the Guttmacher Institute and additional reporting.

States With Abortion Bans in Effect

The situation across the country is shifting with each passing day. The latest data from The New York Times shows that a handful of states now have abortion bans in effect. In these states abortion is banned without exceptions for incest or rape:

  • Alabama
  • Arkansas
  • Mississippi
  • Missouri
  • South Dakota

The following states have also implemented bans, but there are extenuating circumstances impacting the reality on the ground at the moment:

  • Oklahoma - The state moved to ban abortion at the point of fertilization back in May, but offered exceptions in the case of rape and incest. Since then, abortion providers and advocates have filed lawsuits in an attempt to provide relief from some restrictions.
  • Texas - A 1925 Texas law banning abortion has been allowed to take effect now that Roe v. Wade has been overturned. The law however, only carries fines or civil penalties. A separate law is slated to take effect this summer and will make no exceptions for rape or incest.
  • Wisconsin - Prior to Roe v. Wade being overturned, Wisconsin had a law on the books banning all abortions. The law also made performing the procedure a felony. More recently, the state's Democratic governor and attorney general have pursued legal action in an effort to block the ban.

States Where Bans Are Expected Soon

Several states had trigger bans on the books, which are laws designed to swiftly ban or restrict access to abortions in a post-Roe world. The following states are poised to ban abortion in the coming weeks or months as a result of such trigger laws.

  • Idaho
  • North Dakota
  • Tennessee
  • Wyoming

For some of the states in this category, however, there is still a battle taking place over what the measures will ultimately look like. In Idaho for instance, Planned Parenthood has filed a lawsuit challenging the state's ban. In the case of North Dakota, the ban is slated to take effect July 28 but the state's one and only abortion provider has filed suit to stop the ban, according to The New York Times.

In Tennessee, a judge has allowed implementation of a pre-existing law that banned abortion after six weeks of pregnancy. However, the state is also on track to ban practically all abortions, including in cases of rape and incest.

Battleground States

Several states are in the throes of legal battles over abortion rights. Arizona for instance, had a state law in place prior to Roe v. Wade being struck down that banned abortion in all cases, even in cases of rape or incest. That law was blocked by a state court decades ago, but more recently, the Arizona attorney general has weighed making clear that he will ask the court to let the ban to take effect, according to The New York Times.

In Louisiana, Kentucky, Utah and West Virginia, judges have temporarily blocked full abortion bans. But there are already severe abortion limitations in these states. In Kentucky, for instance, abortion is banned after 15 weeks of pregnancy, while in Utah there's a ban after 18 weeks of pregnancy.

Meanwhile, several other states have gestational limitations in place that are the subject of lawsuits. One such example is Florida, where abortion is banned after 15 weeks of pregnancy, which has prompted a lawsuit from abortion providers and advocates.

In Ohio and South Carolina, abortion is banned after six weeks of pregnancy. In the case of Ohio, Planned Parenthood and the A.C.L.U. have taken the matter to court. In South Carolina, there's also a lawsuit seeking to block the ban after six weeks of pregnancy. However, the state's legislature is simultaneously working on a law to ban most abortions entirely.

Georgia meanwhile, is awaiting a ruling from a state judge to allow a law banning abortions after six weeks to be enforced.

States Where Abortion Remains Legal

Several states are widely expected to maintain an individual's right to an abortion. In addition, many of these states are rapidly working to expand access to this critical health care. Some states have announced intentions to create funds to help individuals access abortion while others have plans to amend state constitutions to include abortion rights.

Here are the states where abortion remains legal, according to The Washington Post.

  • Alaska
  • California
  • Colorado
  • Connecticut
  • Delaware
  • District of Columbia
  • Hawaii
  • Illinois
  • Maine
  • Maryland
  • Massachusetts
  • Minnesota
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • Oregon
  • Rhode Island
  • Vermont
  • Washington

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