These states could shape abortion access in 2026
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With the 2026 midterm season approaching, voters on both sides of the abortion debate are likely to head to the polls to influence reproductive care laws in several states.
Why it matters: Abortion laws in many states have been in limbo since the Supreme Court overturned Roe v. Wade in 2022.
Here are some of the key states to watch next year.
Missouri
Voters in Missouri will face a 2026 ballot measure supported by anti-abortion groups and Republican lawmakers that would determine whether the state rescinds the right to abortion from its constitution.
State of play: In 2024, voters approved an amendment to the Missouri constitution to protect abortion access, but a 2025 decision by the state's Supreme Court ordered a judge to cancel orders that essentially froze enforcement on the near-total ban on the procedure.
- A "yes" vote in 2026 would allow the state to restrict abortion to cases of medical emergencies, fetal anomalies, and rape or incest when the pregnancy is under 12 weeks' gestation.
- Voters would also decide whether the government can pass legislation further amending abortion access, including requirements for parental consent for minors seeking abortions.
The intrigue: The measure also asks if the government should prohibit gender-affirming care procedures for minors — a policy the Trump administration has aggressively pursued during the president's second term.
Nevada
To protect abortion access in 2026, Nevada voters would need to approve the same ballot measure they passed in 2024 for a second time.
- Abortion is currently legal in Nevada, though the state has banned the procedure after 25 weeks and six days.
Zoom in: Supporters are seeking to enshrine the right to abortion in the state constitution.
- Nevada's government would retain the authority to regulate abortion after fetal viability — known as the point when a fetus can survive outside the womb — unless medically necessary to "protect the life or health of the pregnant patient."
Virginia
Virginia voters could see a ballot measure on the sweeping Reproductive Freedom Amendment, which was introduced through a House Joint Resolution by Virginia House Majority Leader Charniele Herring and a companion measure in the Senate by Sen. Jennifer Boysko (D).
- Abortions in Virginia are currently legal through the second trimester but prohibited when a pregnant individual enters the third trimester.
- If it reaches the ballot, the amendment would protect Virginians' right to abortion while allowing limited regulation of reproductive care in the third trimester if medically necessary to "protect the life or health of the pregnant individual or when the fetus is not viable."
- The amendment would also prevent the prosecution or penalization of individual's seeking an abortion or those who assist others in accessing reproductive care.
Idaho
The Idaho Reproductive Freedom and Privacy Act Initiative may appear on the November ballot as an initiated state statute to amend Idaho's laws.
- Idaho currently has a near-total ban on abortion, prohibiting the procedure at all stages of pregnancy with exceptions for the life of the pregnant individual and survivors of rape and incest who reported the assault to law enforcement.
The act would expand access to reproductive care, including decisions related to contraception and abortion and miscarriage care among others.
Yes, but: To qualify as an initiated state statute, the petition must receive signatures from 6% of registered voters from the state's last general election.
Oregon
The Oregon Prohibit Laws Discriminating Based on Pregnancy Outcome, Gender Identity, Sexual Orientation, or Sex and Repeal Same-Sex Marriage Ban Initiative could appear on the ballot as an initiated constitutional amendment.
Context: Abortion access is widely protected in Oregon. The state has no restrictions on when a pregnant individual can access the procedure based on pregnancy length.
- The expansive measure would clarify the state constitution's ban on sex-discrimination to include discrimination based on "pregnancy, pregnancy outcomes, health decisions, gender identity, sexual orientation and marriage, and sex."
Nebraska
The Nebraska Establish Personhood of Preborn Children Amendment may appear on the 2026 ballot as an initiated constitutional amendment.
- Abortion is legal in Nebraska up until a fetus is 20 or more weeks, unless deemed medically necessary to save the life of the individual or protect the fetus.
The other side: Unlike measures in many other states, the Nebraska proposal would define a "preborn child" as a "person at every stage of development, beginning at fertilization."
- To qualify, petitioners must collect signatures equal to 10% of registered voters by the filing deadline.
Nebraska is the only state where petition sponsors do not know the exact number of signatures until they are submitted, which must occur at least fourth months prior to the election.
Go deeper: Post-Dobbs abortions continue to increase: Report
