Tracking Abortion Bans Across the Country
Twenty-one states ban abortion or restrict the procedure earlier in pregnancy than the standard set by Roe v. Wade, which governed reproductive rights for nearly half a century until the Supreme Court overturned the decision in 2022.
In some states, the fight over abortion access is still taking place in courtrooms, where advocates have sued to block bans and restrictions. Other states have moved to expand access to abortion by adding legal protections.
Latest updates
- The Arizona Supreme Court said on April 9 that an 1864 ban on nearly all abortions could be enforced, though it sent the case back to a lower court to hear additional arguments before the decision would take effect.
- On April 1, the Florida Supreme Court ruled that the state Constitution’s privacy protections do not extend to abortion, effectively allowing the state to ban the procedure after six weeks of pregnancy. The ban will take effect in 30 days.
The New York Times is tracking abortion laws in each state after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which ended the constitutional right to an abortion.
Where abortion is legal
In a few states that have enacted bans or restrictions, abortion remains legal for now as courts determine whether these laws can take effect. Abortion is legal in the rest of the country, and many states have added new protections since Dobbs.
Ban in effect
Note: TK note here.
Legal for now
Note: TK note here.
Legal
Note: TK note here.
State details
More details on the current status of abortion in each state are below.
State |
Status of abortion |
Legal until |
More details |
---|---|---|---|
Alabama
|
Banned
|
—
|
Abortion is banned in almost all circumstances.
|
Arkansas
|
Banned
|
—
|
Abortion is banned in almost all circumstances.
|
Idaho
|
Banned
|
—
|
Abortion is banned in almost all circumstances. In January, the Idaho Supreme Court ruled there is no constitutional right to an abortion.
|
Indiana
|
Banned
|
—
|
Abortion is banned in almost all circumstances. In August, the Indiana Supreme Court certified a June ruling that the state's abortion ban did not violate the state Constitution. A separate challenge to the ban, by residents who argue it violates their religious rights, is ongoing.
|
Kentucky
|
Banned
|
—
|
Abortion is banned in almost all circumstances. Last fall voters rejected a ballot measure that would have amended the state Constitution to say it contains no right to an abortion.
|
Louisiana
|
Banned
|
—
|
Abortion is banned in almost all circumstances.
|
Mississippi
|
Banned
|
—
|
Abortion is banned in almost all circumstances.
|
Missouri
|
Banned
|
—
|
Abortion is banned in almost all circumstances.
|
North Dakota
|
Banned
|
—
|
Abortion is banned in almost all circumstances.
|
Oklahoma
|
Banned
|
—
|
Abortion is banned in almost all circumstances.
|
South Dakota
|
Banned
|
—
|
Abortion is banned in almost all circumstances.
|
Tennessee
|
Banned
|
—
|
Abortion is banned in almost all circumstances.
|
Texas
|
Banned
|
—
|
Abortion is banned in almost all circumstances. Private citizens can sue abortion providers and those who assist patients seeking an abortion after about six weeks of pregnancy.
|
West Virginia
|
Banned
|
—
|
Abortion is banned in almost all circumstances.
|
Georgia
|
Gestational limit
|
6 weeks
|
Abortion is banned after about six weeks of pregnancy. In October, the State Supreme Court reversed a lower court’s ruling that the 2019 ban was void. The lower court must still weigh whether the ban violates the state's Constitution.
|
South Carolina
|
Gestational limit
|
6 weeks
|
Abortion is banned after about six weeks of pregnancy. The South Carolina Supreme Court upheld the ban in August, after ruling in January that a similar ban from 2021 was unconstitutional.
|
Nebraska
|
Gestational limit
|
12 weeks
|
Abortion is banned after 12 weeks of pregnancy. Gov. Jim Pillen signed the ban in May, after weeks of debate in the unicameral legislature and a failed attempt to pass a six-week ban.
|
North Carolina
|
Gestational limit
|
12 weeks
|
Abortion is banned after 12 weeks of pregnancy. A federal judge temporarily blocked a provision that providers said could have limited their ability to offer the abortion pill to patients in the first weeks of pregnancy.
|
Arizona
|
Gestational limit
|
15 weeks
|
Abortion is banned after 15 weeks of pregnancy. A separate 1864 ban on nearly all abortions could soon be enforced after the Arizona Supreme Court upheld the law.
|
Florida
|
Gestational limit
|
15 weeks
|
Abortion is banned after 15 weeks of pregnancy, but a ban after six weeks of pregnancy will take effect on May 1. The Florida Supreme Court ruled on April 1 that the state Constitution's privacy protections do not extend to abortion, overturning decades of legal precedent and effectively triggering the more restrictive law.
|
Utah
|
Gestational limit
|
18 weeks
|
Abortion is banned after 18 weeks of pregnancy. A judge temporarily blocked a law that would have halted most abortions in the state by requiring the procedure to be performed in hospitals. A separate ban on most abortions was indefinitely blocked by a judge in 2022.
|
Iowa
|
Ban blocked
|
22 weeks
|
An Iowa district court temporarily blocked a ban on abortion after about six weeks of pregnancy. Lawmakers had passed the ban in a single-day special session in July. In June, a deadlocked state Supreme Court kept a nearly identical six-week ban from 2018 permanently blocked.
|
Montana
|
Ban blocked
|
Viability
|
The Legislature passed 10 anti-abortion laws in 2023, including a ban on the most commonly used procedure in the second trimester. That restriction and several others have been blocked by a court. The Montana Supreme Court has ruled that the state Constitution protects the right to an abortion.
|
Wyoming
|
Ban blocked
|
Viability
|
A judge in Wyoming temporarily blocked an abortion ban that took effect in March, after a group of health care providers and abortion funds sued to stop it. In June, the same judge temporarily blocked a separate law that explicitly banned the use of abortion pills. A ban on most abortions that was enacted earlier and triggered by the Dobbs decision remains indefinitely blocked.
|
Alaska
|
Legal
|
No gestational limit
|
The state’s Supreme Court has recognized a right to “reproductive choice” under its Constitution.
|
Kansas
|
Legal
|
22 weeks
|
The state’s Supreme Court ruled in 2019 that a pregnant woman’s right to personal autonomy is protected in its Constitution, and Kansans voted in August to reject a ballot measure that would have amended the state Constitution to say it contains no right to an abortion. State funds cannot be used to cover the cost of most abortions, and the state has enacted restrictions that limit access to the procedure.
|
New Hampshire
|
Legal
|
24 weeks
|
Abortion will most likely stay accessible, though it is not expressly protected by state law and state funds cannot be used to cover the cost of most abortions. The state repealed a pre-Roe ban on abortion in 1997.
|
Ohio
|
Legal
|
22 weeks
|
Voters enshrined abortion protections in the state Constitution in November 2023. Courts are still deciding how the amendment affects an existing ban on abortion after about six weeks of pregnancy that had been blocked.
|
Virginia
|
Legal
|
Viability
|
Abortion will most likely stay accessible, though it is not expressly protected by state law and state funds cannot be used to cover the cost of most abortions. Split control of the state legislature may prevent significant changes until after the next election, in November.
|
Wisconsin
|
Legal
|
22 weeks
|
In December, a Wisconsin judge ruled than an 1849 law widely interpreted as an abortion ban did not apply to abortion. Planned Parenthood had already resumed services in all but one location in September, after the judge gave a preliminary ruling. The case may come before the state Supreme Court, which now has a liberal majority.
|
Washington, D.C.
|
Legal with new protections
|
No gestational limit
|
Local law protects abortion throughout pregnancy, and a 2023 law shields providers and patients from legal action brought by other jurisdictions. Congress prohibits the use of taxpayer funds to cover the cost of most abortions in the city.
|
California
|
Legal with new protections
|
Viability
|
Voters enshrined abortion protections in the state Constitution in November 2022. State law protects abortion, and in earlier in 2022 the governor signed a bill to shield patients and providers from laws in other states.
|
Colorado
|
Legal with new protections
|
No gestational limit
|
State law protects abortion, but a 1984 law prohibits using state funds to cover the cost of most abortions. A 2022 executive order and a 2023 law shield those seeking or providing abortions in Colorado from laws in other states.
|
Connecticut
|
Legal with new protections
|
Viability
|
State law protects abortion. A law expanding which clinicians can provide abortions took effect in 2022. The law also shields both providers and patients from out-of-state lawsuits.
|
Delaware
|
Legal with new protections
|
Viability
|
State law protects abortion, but state funds cannot be used to cover the cost of the procedure. A 2022 law expanded access to providers and shields those seeking or providing abortions in Delaware from laws in other states.
|
Hawaii
|
Legal with new protections
|
Viability
|
State law protects abortion, and a new law has expanded access to providers. A 2022 executive order and a 2023 law shield those seeking or providing abortions in Hawaii from laws in other states.
|
Illinois
|
Legal with new protections
|
Viability
|
The state’s Supreme Court has recognized abortion protections under its Constitution, and state law protects the procedure. A law signed in January shields those seeking or providing abortions in Illinois from laws in other states.
|
Maine
|
Legal with new protections
|
Viability
|
State law protects abortion. In 2022, the governor issued an executive order to shield those seeking or providing abortions in Maine from laws in other states. A 2023 law allows an abortion past the point of viability if a doctor decides it is medically necessary.
|
Maryland
|
Legal with new protections
|
Viability
|
State law protects abortion, and recent laws have increased access to providers and insurance coverage. A 2023 law shields those seeking or providing abortions in Maryland from laws in other states.
|
Massachusetts
|
Legal with new protections
|
24 weeks
|
The Massachusetts Supreme Judicial Court has recognized the right to abortion under its Constitution. A 2022 law shields those seeking or providing abortions in Massachusetts from laws in other states, regardless of the patient’s location.
|
Michigan
|
Legal with new protections
|
Viability
|
Voters enshrined abortion protections in the state Constitution in November 2022. Earlier that year, the governor issued an executive order to shield those seeking or providing abortions in Michigan from laws in other states.
|
Minnesota
|
Legal with new protections
|
No gestational limit
|
The state’s Supreme Court has recognized the right to abortion under its Constitution, and in 2023 the state enacted a law to enshrine the right to reproductive care. A 2023 law shields those seeking or providing abortions in Minnesota from laws in other states.
|
Nevada
|
Legal with new protections
|
24 weeks
|
State law protects abortion, but state funds cannot be used to cover the cost of most abortions. A 2023 law shields those seeking or providing abortions in Nevada from laws in other states.
|
New Jersey
|
Legal with new protections
|
No gestational limit
|
State law protects abortion throughout pregnancy. In 2022, the governor issued an executive order to shield those seeking or providing abortions in New Jersey from laws in other states.
|
New Mexico
|
Legal with new protections
|
No gestational limit
|
Abortion will most likely stay accessible, though it is not expressly protected by state law. A 2022 executive order and a 2023 law shield those seeking or providing abortions in New Mexico from laws in other states.
|
New York
|
Legal with new protections
|
Viability
|
State law protects abortion. In 2022, the governor signed several bills to shield patients and providers from laws in other states.
|
Oregon
|
Legal with new protections
|
No gestational limit
|
State law protects abortion throughout pregnancy. In 2022, the Legislature approved $15 million to support those seeking the procedure.
|
Pennsylvania
|
Legal with new protections
|
24 weeks
|
Abortion will most likely stay accessible, though it is not expressly protected by state law and state funds cannot be used to cover the cost of most abortions. In 2022, the governor issued an executive order that shields those seeking or providing abortions in Pennsylvania from laws in other states.
|
Rhode Island
|
Legal with new protections
|
Viability
|
State law protects abortion, but state funds cannot be used to cover the cost of most abortions. In 2022, the governor issued an executive order to shield those seeking or providing abortions in Rhode Island from laws in other states.
|
Vermont
|
Legal with new protections
|
No gestational limit
|
Voters enshrined abortion protections in the state Constitution in November 2022. State law also protects abortion throughout pregnancy. Two 2023 laws shield those seeking or providing abortions in Vermont from laws in other states, and they include protection for those using medication abortion.
|
Washington
|
Legal with new protections
|
Viability
|
State law protects abortion, and recent laws have expanded access to providers. A 2023 law shields those seeking or providing abortions in Washington from laws in other states.
|