Updated Aug 2, 2022 - Health

Where abortion has been banned now that Roe v. Wade is overturned

Data: Axios Research; Map: Baidi Wang/Axios

Abortions are banned or restricted in 16 states following the Supreme Court's decision to overturn Roe v. Wade and end all federal protections for abortion.

Why it matters: At least 26 Republican-led states in total are expected to ban abortions or heavily restrict access to them in the wake of the ruling, according to the Guttmacher Institute, an abortion-rights organization.

How it works: The Supreme Court's 1973 decision in Roe established the constitutional right to an abortion within the due process clause of the 14th Amendment.

Data: Guttmacher Institute, Axios research; Table: Simran Parwani/Axios
Where abortions are banned:

16 states have banned or severely restricted abortion, as of July 1: Alabama, Arizona, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas and Utah.

  • Trigger laws in Arkansas, Missouri, Oklahoma, South Dakota and Mississippi are currently active.
    • Abortions in Oklahoma have been unavailable since May, when Gov. Kevin Stitt (R) signed into law a bill banning abortion that is enforced by lawsuits from private citizens.
  • Utah's trigger law took effect shortly after the Supreme Court released its ruling overturning Roe, but it has since been temporarily blocked.
    • The state currently has an 18-week abortion ban in place.
  • Shortly after Roe was overturned, a court lifted an injunction in Alabama on a near-total ban. The law is now in effect.
  • In Ohio, a six-week abortion that had been previously blocked was allowed to go into effect.
  • In Texas, where the state's trigger ban is set to activate 30 days after the Supreme Court's judgment, the state's Supreme Court has allowed a pre-Roe to be enforced.
  • In Tennessee, a federal court vacated an injunction blocking a six-week abortion ban, which had been granted nearly two years ago. The law is in effect in the state.
    • The state also has a trigger law that is set to take effect 30 days after the Supreme Court's judgment is issued.
  • A federal court stayed an injunction on a six-week ban in South Carolina, allowing for it to take effect in the state.
    • South Carolina lawmakers will reconvene to consider whether to fully ban abortion in their state.
  • Arizona and Florida currently have 15-week abortion bans in place.
    • Additionally, Arizona has a pre-Roe ban that the state's attorney general has said is enforceable.
  • In Georgia, a federal appeals court lifted an injunction on a six-week abortion ban that had been blocked since 2019. The law is now in effect.
  • Wyoming's trigger law took effect on July 27, five days it was certified by the governor.
    • Just hours after it took effect, a state judge temporarily blocked the law, siding with health providers who sued the state arguing that the ban violated the Wyoming Constitution.
Where abortions will soon be banned:

Abortions will be banned in Idaho and, perhaps, North Dakota, as these states have trigger bans that will take effect only after a certain time period or an additional action is completed following the ruling.

  • Idaho's trigger ban says that ot will take effect around 30 days after the Supreme Court issues its judgment overturning Roe v. Wade (which is a separate order typically issued at least 25 days or longer after the opinion.)

North Dakota's ban was set to take effect on July 28, according to a notice from the state's attorney general.

Where abortions could be banned:

Most abortions could be banned or be heavily restricted in Iowa, Michigan, West Virginia, Wisconsin, Indiana, Montana and Nebraska, according to the Guttmacher Institute.

  • These states did not have trigger laws but either still have state laws enacted before 1973 that ban abortions or have passed laws that heavily restrict access to abortions that are being challenged but could be upheld.
  • Additionally, their "political composition, history and other indicators" suggests that they could look to ban the procedure, Guttmacher says.
  • In West Virginia and Wisconsin, clinics stopped offering the procedure after Roe was overturned in fear that they could be prosecuted under the states' pre-Roe bans.

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