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Abortion regulations by state

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A complex web of laws and policies govern the availability, accessibility, and legality of abortion procedures. Following the U.S. Supreme Court's June 24, 2022, ruling in Dobbs v. Jackson Women’s Health Organization that the Constitution does not grant the right to an abortion, states gained a wide latitude to pass laws regulating access to abortion. The 6-3 ruling overturned two previous U.S. Supreme Court rulings: Roe v. Wade and Planned Parenthood v. Casey. Click here to read more about those cases.

In addition to legislation, the ballot measure has been a front in political battles over abortion since the U.S. Supreme Court overturned Roe. In the November 2024 elections, voters decided on 11 abortion-related measures—the most on record for a single year at that point. Voters approved measures providing for a state constitutional right to abortion in Arizona, Colorado, Maryland, Missouri, Montana, New York, and Nevada. Voters in Florida, Nebraska, and South Dakota defeated measures providing for a constitutional right to abortion. In Nebraska, voters approved a measure that limited the timeframe for when an abortion could be performed.

Click here to read more about abortion-related ballot measures.

On this page, you will find a historical background about abortion law in the United States, information on Supreme Court cases in the October 2021 term, abortion guidelines by state, recent legislation and judicial cases pertaining to abortion law, a timeline of events, and information on abortion ballot measures, including the states that have and have not passed such measures.

HIGHLIGHTS
  • As of September 4, 2025, 41 states restricted abortions beginning at specific stages of pregnancy.
  • The remaining nine states and Washington, D.C., did not.
  • Of the 41 states that restricted abortion, 14 restricted abortion beginning at the stage of fetal viability, which was defined in Roe v. Wade.
  • Twelve states restricted abortion after conception.[1]
  • Abortion restrictions based on stage of pregnancy

    As of September 4, 2025, 41 states restricted abortions after a certain point in pregnancy.[2] The remaining nine states and Washington, D.C., did not. Of the 41 states with established thresholds for restrictions on abortion:

    • Twelve states restrict abortion after conception
    • Four states restrict abortion at six weeks post-fertilization
    • Two states restrict abortion at 12 weeks post-fertilization
    • Zero states restrict abortion at 15 weeks post-fertilization
    • One state restricts abortion at 18 weeks since the last menstrual period
    • Three states restrict abortion at 20 weeks post-fertilization or 22 weeks after the last menstrual period
    • Four states restrict abortion at 24 weeks since the last menstrual period
    • Fourteen states restrict abortion at fetal viability
    • One state restricts abortion in the third trimester

    The maps and table below give more details on state laws restricting abortion based on the stage of pregnancy. Hover over the footnotes in the table for information on legislation pending legal challenges or otherwise not yet in effect.

    Some of the terms that are used to describe states' thresholds for abortion restriction include the following:

    1. Conception: This threshold prohibits all abortions after conception, although some states provide exceptions if the woman's life or health is threatened.[3]
    2. Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.[4][5]
    3. Fetal viability: In Roe v. Wade, SCOTUS defined fetal viability. The Supreme Court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."[6]
    4. Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.[4]
    5. Post-fertilization: Thresholds using post-fertilization mark the beginning of pregnancy at the time of conception, which can occur up to 24 hours following intercourse. A threshold of 20 weeks post-fertilization is equivalent to 22 weeks since last menstrual period.[7]
    6. Post-implantation: Thresholds using post-implantation mark the beginning of pregnancy at the date on which a fertilized egg adheres to the lining of the uterus, roughly five days after fertilization. A threshold of 24 weeks post-implantation is equivalent to 27 weeks since last menstrual period.[7]

    Abortion restriction threshold maps

    Expand All
    Fetal viability
    Conception
    Fixed-week and trimester cutoffs


    Abortion restrictions by state

    State abortion restrictions based on stage of pregnancy
    State Does the state restrict abortion after a specific point in pregnancy? Threshold for restriction
    Alabama Yes Conception
    Alaska No None
    Arizona Yes Fetal viability[8][9]
    Arkansas Yes Conception
    California Yes Fetal viability
    Colorado No None
    Connecticut Yes Fetal viability
    Delaware Yes Fetal viability
    Florida Yes Six weeks post-fertilization
    Georgia Yes Six weeks post-fertilization
    Hawaii Yes Fetal viability
    Idaho[10] Yes Conception
    Illinois Yes Fetal viability
    Indiana Yes Conception
    Iowa Yes Six weeks post-fertilization
    Kansas Yes 20 weeks since last menstrual period
    Kentucky Yes Conception
    Louisiana Yes Conception
    Maine Yes Fetal viability
    Maryland No None
    Massachusetts Yes 24 weeks post-fertilization
    Michigan No None
    Minnesota No None
    Mississippi Yes Conception
    Missouri Yes Fetal viability[11][12]
    Montana Yes Fetal viability
    Nebraska Yes 12 weeks post-fertilization
    Nevada Yes 24 weeks post-fertilization
    New Hampshire Yes 24 weeks since last menstrual period
    New Jersey No None
    New Mexico No None
    New York Yes Fetal viability
    North Carolina Yes 12 weeks post-fertilization
    North Dakota Yes Fetal viability[13]
    Ohio Yes 20 weeks post-fertilization[14]
    Oklahoma Yes Conception
    Oregon No None
    Pennsylvania Yes 24 weeks since last menstrual period
    Rhode Island Yes Fetal viability
    South Carolina Yes Six weeks post-fertilization
    South Dakota Yes Conception
    Tennessee Yes Conception
    Texas Yes Conception
    Utah Yes 18 weeks since last menstrual period
    Vermont No None
    Virginia Yes Third trimester since last menstrual period
    Washington Yes Fetal viability
    Washington, D.C. No None
    West Virginia Yes Conception
    Wisconsin Yes 20 weeks post-fertilization
    Wyoming Yes Fetal viability
    Sources:Guttmacher Institute, "State Policies on Later Abortions," accessed August 16, 2024; CNA, "TRACKER: Check the status of abortion trigger laws across the U.S.," accessed August 16, 2024; The Fuller Project, "How major abortion laws compare, state by state," accessed August 16, 2024


    Noteworthy policy changes after Dobbs decision

    This section allows you to see and review noteworthy policy changes after the Dobbs decision in two ways—by state and by date. The first section lists policy changes in reverse chronological order by date. The second section lists policy changes by state. Events under each state are listed in reverse chronological order. Do you know of something else that should be included here? Click here to let us know.

    Timeline

    This section lists recent abortion-related activity in reverse chronological order, including lawsuits, rulings, enacted legislation, and ballot measures.

    Events by state

    This section lists recent abortion-related activity by state in reverse chronological order, including lawsuits, rulings, and legislation.

    Alabama

    House Bill 314
    • June 24, 2022: House Bill 314, a 2019 law prohibiting abortion, went into effect immediately after the U.S. Supreme Court overturned Roe v. Wade, replacing the state's previous restrictions on abortions at 20 weeks post-fertilization.[106] Gov. Kay Ivey (R) signed the bill on May 15, 2019. The bill prohibits abortions in the state except for those necessary to prevent a serious health risk to the woman while excluding from the definition of abortion an "act to terminate the pregnancy of a woman when the unborn child has a lethal anomaly.[93]


    Arizona

    Arizona Proposition 139
    • November 5, 2024: Voters approved Proposition 139, which amended the state constitution to provide for the right to an abortion.
    • Colorado: Voters approved Amendment 79, which provided for the right to abortion in the state constitution and allowed the use of public funds for abortion.
    Enforcement of 1864 statute
    • May 13, 2024: The Arizona Supreme Court delayed enforcement of the 1864 abortion ban to September 26.[107][108]
    • May 2, 2024: Gov. Katie Hobbs (D) signed House Bill 2677, repealing an 1864 law prohibiting abortion in most circumstances except to save the life of the mother.[109][110][111] HB 2677 was scheduled to take effect 90 days after the end of the legislative session. The Arizona Supreme Court ruled the 1864 law could take effect June 27.[112]
    • April 10, 2024: In a 4-2 ruling, the Arizona Supreme Court upheld an 1864 law prohibiting abortion in most circumstances except to save the life of the mother. The law, enacted before Arizona was a state, ordered prosecution for "a person who provides, supplies or administers to a pregnant woman, or procures such woman to take any medicine, drugs or substance, or uses or employs any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life.”[113] The legislature never repealed the law, and the Court ruled it became enforceable following the U.S. Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization.[35] The Arizona Supreme Court said it would stay its ruling for 14 days.[35] Because of a 2022 ruling in a separate case, the state was barred from enforcing the 1864 law for 45 days after the Arizona Supreme Court's ruling was scheduled to go into effect.[114]
    • October 7, 2022: The Arizona Court of Appeals blocked a lower court’s decision allowing immediate enforcement of the 1864 statute prohibiting nearly all abortions. The decision meant abortions up to fetal viability were legal.[115]
    • September 23, 2022: Pima County Superior Court Judge Kellie Johnson ruled that an 1864 statute prohibiting abortion, except to protect the life of the mother, was enforceable. Before Johnson's ruling, the state restricted abortions at the stage of fetal viability.[67]
    SB 1164
    • September 24, 20222: Arizona SB 1164, a law restricting abortion after 15 weeks, took effect. However, on September 23, Superior Court Judge Kellie Johnson ruled that an 1864 law prohibiting abortion was enforceable and superseded SB 1164. The 1864 law makes exceptions for abortions performed to save the mother's life, but not in the case of rape or incest.[67]

    Arkansas

    Act 180
    • June 24, 2022: Act 180, a 2019 bill prohibiting abortion except to protect the life of the mother, went into effect immediately after the Dobbs v. Jackson decision. Titled the Arkansas Human Life Protection Act, the bill contained a provision for the law to go into effect if the Roe v. Wade decision was overturned and if it was certified by the state's attorney general. Arkansas Attorney General Leslie Rutledge (R) certified the law the same day the U.S. Supreme Court announced the overturning of Roe.[116] The law replaced previous restrictions on abortions at 18 weeks post-fertilization.

    Florida

    Amendment 4
    • November 5, 2024: Voters defeated Amendment 4, which would have provided for a state constitutional right to abortion. Florida requires a 60% vote to approve constitutional amendments, a higher threshold than other states that decided abortion measures on November 5.
    Senate Bill 300
    • May 1, 2024: SB 300, known as the Heartbeat Protection Act, took effect, limiting most abortion after six weeks following the start of the pregnancy. Gov. Ron DeSantis (R) signed SB 300 on April 13, 2023, but it could not take effect until Florida Supreme Court ruled on a 15-week ban DeSantis signed in 2022.[117][118] On April 1, the Florida Supreme Court upheld the 15-week ban, allowing the six-week ban to take effect.[119][120]
    • April 13, 2023: Gov. Ron DeSantis (R) signed Senate Bill 300 (SB300) into law. The bill prohibits most abortions after six weeks, with exceptions up to 15 weeks for victims of rape, incest, and human trafficking.[121][122] At the time the bill was signed, it was not set to take effect unless the Florida Supreme Court ruled the state's 15-week abortion ban set forth in House Bill 5 was constitutional.[123]
    House Bill 5
    • July 5, 2022: Attorney General Ashley B. Moody’s office appealed Circuit Judge John Cooper's temporary injunction blocking the state's 15-week abortion restrictions under HB5. The appeal automatically nullified Cooper's June 30 decision, allowing the 15-week restrictions to go into effect.[124]
    • July 1, 2022: After the U.S. Supreme Court's overruling of Roe v. Wade, the bill went into effect.[125] Gov. Ron DeSantis (R) signed HB5 banning abortion after 15 weeks of pregnancy on April 14, 2022. The bill contained exceptions for cases where pregnancy poses a risk to the mother and if fetal abnormalities are confirmed by two physicians.

    Georgia

    HB 481
    • November 23, 2022: The Georgia Supreme Court issued an order overturning a lower court's suspension of HB 481 that restricted abortions after six weeks of pregnancy.[126]
    • November 15, 2022: Fulton County Superior Court Judge Robert McBurney issued a ruling suspending enforcement of Georgia HB 481, a law restricting abortions after six weeks of pregnancy. The American Civil Liberties Union of Georgia filed a lawsuit in July asking the court to strike down the law. McBurney ruled that, because the six-week restriction was enacted three years ago, it violated the U.S. Constitution and U.S. Supreme Court precedent and was therefore void.[127]
    • July 20, 2022: The 11th Circuit Court of Appeals lifted the injunction on the state's six-week abortion restrictions. “Georgia’s prohibition on abortions after detectable human heartbeat is rational," the ruling said, referencing the U.S. Supreme Court's ruling in Dobbs v. Jackson that “the Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.” Attorney General Chris Carr (R) said the law would go into effect immediately.[128]

    Idaho

    S 1385
    • June 27, 2024: In a 6-3 decision in Moyle v. United States (consolidated with Idaho v. United States), the U.S. Supreme Court reinstated a U.S. District Court for the District of Idaho ruling that temporarily blocked the state of Idaho from enforcing the part of a 2022 law that barred abortion in case of certain medical emergencies.[129] The Court's ruling allowed emergency abortions while litigation continued.Cite error: Closing </ref> missing for <ref> tag
    • August 25, 2022: A 2020 Idaho law (Idaho S1385) prohibiting abortions unless necessary to save the life of the pregnant woman or in the case of rape or incest went into effect after the U.S. Supreme Court overturned Roe v. Wade on June 24, 2022.
    • August 24, 2022: The United States District Court of Idaho issued an injunction on a provision of S1385 that barred abortion in case of certain medical emergencies. According to the court's ruling, an abortion may be performed if "[p]ractitioners at the hospital determine that abortion is necessary to avoid (a) placing the health of the pregnant woman in serious jeopardy; (b) a serious impairment to bodily functions of the pregnant woman; or (c) a serious dysfunction of any bodily organ or part of the pregnant woman."[130]

    Indiana

    Senate Enrolled Act 1(ss)
    • August 5, 2022: Gov. Eric Holcomb (R) signed Senate Enrolled Act 1(ss). Effective September 12, 2022, the bill removed the licensure of abortion clinics and only permitted abortion in cases of rape or incest, to prevent any serious health risk to the pregnant woman, to save the life of the mother, or if the fetus is diagnosed with a lethal fetal anomaly. The bill specifies that abortion statutes do not apply to in vitro fertilization.[131]
    SB 0404
    • July 18, 2022: The U.S. Supreme Court issued a ruling lifting an injunction on SB 0404, a 2017 law requiring parental consent for minors to receive abortion services. The law was blocked shortly after passage in 2017. After the U.S. Supreme Court's overruling of Roe v. Wade, Indiana officials asked the U.S. Court of Appeals for the 7th Circuit to lift the injunction. The appeals court said it would not issue a ruling in the case until judgment from the U.S. Supreme Court, prompting the state to request an expedited judgment. The court granted the request and ruled that the law could go into effect.[132]

    Iowa

    HF 732
    • June 28, 2024: The Iowa Supreme Court ruled 4-3 that a six-week ban on abortion could take effect.[133] Gov. Kim Reynolds (R) signed HF 732 into law on July 14, 2023, but a district court blocked it from taking effect on July 17.[134] The law allowed for some abortion exceptions, including pregnancies resulting from rape and incest, so long as they are reported within a specified time period.[135] The ban was set to go into effect in late July.

    Kentucky

    HB 148
    • August 8, 2022: Court of Appeals Judge Larry E. Thompson approved Attorney General Daniel Cameron's (R) emergency request to reinstate HB148, a bill prohibiting abortion in the state. Thompson's order remains effective pending the decision of a three-judge panel appointed by the appeals court to consider to consider the case. The panel will also decide whether Cameron's request should be transferred directly to the Kentucky Supreme Court.[136]
    • July 22, 2022: Circuit Judge Mitch Perry issued an injunction blocking enforcement of HB148. While the injunction remained in place, abortion was allowed until 15 weeks of pregnancy.[137]
    • June 24, 2022: House Bill 148, a bill prohibiting abortions except when necessary to prevent death or serious injury, went into effect immediately following the U.S. Supreme Court's overruling of Roe v. Wade. The bill was signed by former Gov. Matt Bevin (R) on March 26, 2019, and contained a provision that the law "shall become effective immediately" after Roe was overturned. The law made performing an abortion a felony, but stipulated that no charges could be brought against a pregnant person under the law.[138]

    Louisiana

    SB 342
    • July 8, 2022: District Judge Ethel Julien issued an order allowing the enforcement of SB 342, a bill prohibiting abortions after conception except when necessary to prevent death or serious injury or in the case of a lethal fetal abnormality. In her ruling, Julien said that the initial suit dealt with matters involving legislation, and should be heard in state court. Following the ruling, abortions in the state were prohibited except in cases where they are medically necessary to save the life of the mother.[139]
    • June 27, 2022: Orleans Parish Civil District Court Judge Robinson Giarruso temporarily blocked SB 342's enforcement, allowing abortions up to 20 weeks post-fertilization.[140]
    • June 24, 2022: SB 342 went into effect immediately following the U.S. Supreme Court's overruling of Roe v. Wade . Signed by Gov. John Bel Edwards (D) on June 21, Senate Bill 342 contained a provision saying the law "shall become effective immediately upon ... any decision of the Supreme Court of the United States which overrules, in whole or in part, Roe v. Wade." Under the law, performing an abortion is punishable by up to a $100,000 fine and 10 years in jail, but exempts pregnant people from prosecution.[141][142]

    Maryland

    Question 1
    • November 5, 2024: Voters approved Question 1, which added a new section to the state constitution that guarantees a right to reproductive freedom, defined to include "the ability to make and effectuate decisions to prevent, continue, or end one's own pregnancy."

    Minnesota

    HB 1
    • January 31, 2023: Gov. Tim Walz (D) signed HB 1.[143] The law, called the Protect Reproductive Options Act, says that "Every individual has a fundamental right to make autonomous decisions about the individual's own reproductive health, including the fundamental right to use or refuse reproductive health care."[61] According to the law, reproductive healthcare includes contraception, sterilization, maternity care, and abortion care. The law also says "Every individual who becomes pregnant has a fundamental right to continue the pregnancy and give birth, or obtain an abortion, and to make autonomous decisions about how to exercise this fundamental right.[61]

    Mississippi

    SB 2391
    • July 7, 2022: SB 2391 went into effect.
    • June 27, 2022: Mississippi Attorney General Lynn Fitch (R) certified SB 2391, a 2007 bill to prohibit abortions if Roe v. Wade were overturned except in cases where the pregnant person's life is at risk or in cases of rape. The law required the attorney general to certify it within 10 days of a U.S. Supreme Court decision on Roe. The bill took effect 10 days after certification by the attorney general.[144]
    U.S. Supreme Court issues opinion in Dobbs v. Jackson
    See also: Dobbs v. Jackson Women’s Health Organization

    On June 24 the Supreme Court of the United States issued its ruling in Dobbs v. Jackson Women’s Health Organization, a case challenging the constitutionality of a 2018 Mississippi law barring most abortions after 15 weeks of pregnancy. In a 5-4 decision, the court upheld the restrictions.[145]

    Massachusetts

    • June 24, 2022: Gov. Charlie Baker (R) signed an executive order preventing the state from cooperating with extradition requests from other states. The order also bars executive department agencies from aiding other states’ investigations into patients and health care providers.[146]

    Missouri

    Amendment 3
    • November 5, 2024: Voters approved Amendment 3, which provided for a right to abortion in the state constitution. This was the first time as of November 2024 that voters approved a right-to-abortion amendment in a state with a six-week abortion ban.
    HB 126
    • June 24, 2022: A Missouri law prohibiting abortions except in medical emergency situations went into effect immediately following the U.S. Supreme Court's overruling of Roe v. Wade. The bill, which Gov. Mike Parson (R) signed into law in 2019, would have prohibited abortions after eight weeks of gestation, but also contained a provision to prohibit all abortions (excluding exceptions) if Roe were overturned. The bill also required a proclamation from the governor or attorney general to go into effect. Both Attorney General Eric Schmitt (R) and Gov. Mike Parson (R) released proclamations on June 24. Violation of the law is a class B felony with a punishment of five to 15 years in prison, and physicians who violate the law would have their medical license suspended or revoked.[147][148]

    Montana

    CI-128, Right to Abortion Initiative
    • November 5, 2024: Voters approved the Right to Abortion Initiative, creating an explicit constitutional right to abortion. Going into the election, abortion was legal until fetal viability.

    Nebraska

    Initiatives 434 and 439
    • November 5, 2024: Voters approved Initiative 434, one of two abortion measures on the ballot which would prohibit abortion after the first trimester, with certain exceptions. The other abortion measure on the ballot, Initiative 439, which would have established a right to an abortion, was defeated.

    Nevada

    Question 6
    • November 5, 2024: Voters approved Question 6, a constitutional amendment which would provide for a right to an abortion in the state.

    New York

    Proposal 1
    • November 5, 2024: Voters approved Proposal 1, which amended the Equal Protection Clause of the New York Constitution to prohibit a person's rights from being denied based on the person's "ethnicity, national origin, age, [and] disability," as well as the person's "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."

    North Carolina

    SB 20
    • May 17, 2023: Senate Bill 20 (SB 20) became law after the General Assembly of North Carolina voted to override Gov. Roy Cooper's (D) veto. Cooper had vetoed the bill on May 14.[149][150] The state Senate voted 30-20 to override the veto, while the House voted 72-48. SB 20 restricts most abortions to 12 weeks post-fertilization but allows for exceptions for cases of rape and incest up to 20 weeks.[151] The law was scheduled to take effect July 1.

    North Dakota

    SB 2150
    • September 12, 2024: North Dakota South Central Judicial District Bruce A. Romanick ruled a 2023 law banning abortion in the state after six weeks violated the state constitution. Romanick wrote the law is "unconstitutionally void for vagueness; and pregnant women in North Dakota have a fundamental right to choose abortion before viability exists under the enumerated and unenumerated interests protected by the North Dakota Constitution for all North Dakota individuals, including women—specifically, but not necessarily limited to, the interests in life, liberty, safety, and happiness..."[152] North Dakota Attorney General Drew Wrigley (R) said the state would appeal the decision.[153] The ruling was set to take effect within 14 days.[154]
    • April 24, 2023: Gov. Doug Burgum (R) signed Senate Bill 2150 (SB 2150). The bill prohibits abortions from conception with exceptions for rape and incest up to six weeks and throughout the pregnancy in cases of medical emergencies the threaten the life of the mother.[155][156]
    HB 1466
    • March 16, 2023: The North Dakota Supreme Court upheld a lower court's ruling that blocked a ban on abortion from taking effect while the case is litigated.[157][158]
    • August 25, 2022: Judge Bruce Romanick of the South Central Judicial District issued an injunction on North Dakota HB 1466, a law prohibiting abortions in the state except when necessary to save the life of the mother. The law was set to take effect on August 26. While the enforcement of HB 1466 is blocked, abortion is allowed in the state up until 20 weeks or more post-fertilization.[159][160]

    Ohio

    SB 23
    • October 10, 2022: Hamilton County Judge Christian Jenkins indefinitely blocked SB 23 as litigation continued.[161].
    • September 27, 2022: Hamilton County Judge Christian Jenkins extended the temporary restraining order against SB 23 until October 12, 2022. While the order remains in place, abortions up to 20 weeks post-fertilization remain legal.[162]
    • September 14, 2022: Hamilton County Judge Christian Jenkins granted a 14-day restraining order against SB 23, meaning abortions could take place up to 20 weeks post-fertilization.[163]
    • June 24, 2022: SB 23, a bill prohibiting abortions after approximately six weeks of pregnancy, went into effect. The bill was passed by the state legislature and signed by Gov. Mike DeWine (R) in 2019. U.S. District Judge Michael Barrett ruled in Attorney General Dave Yost‘s (R) favor after his office filed a motion to remove an injunction against the law.[164]

    South Carolina

    SB 474
    • May 26, 2023: South Carolina Circuit Court Judge Clifton Newman temporarily blocked SB 474 from taking effect until the South Carolina Supreme Court can review the legislation.[165]
    • May 25, 2023: Gov. Henry McMaster (R) signed into law SB 474, officially titled the "Fetal Heartbeat and Protection from Abortion Act." The bill banned most abortions once a fetal heartbeat could be detected. The bill provided for exceptions for the life of the mother and exceptions up to 12 weeks for rape and incest.[166][167]
    SB 1
    • January 6, 2023: The South Carolina Supreme Court ruled 3-2 that the state's six-week abortion ban, known as the South Carolina Fetal Heartbeat and Protection from Abortion Act, was unconstitutional. The court found that the law violated Section 10 of Article I of the state constitution, which provides a right against "unreasonable invasions of privacy." Justice Kaye Hearn wrote that "few decisions in life are more private than the decision whether to terminate a pregnancy. Our privacy right must be implicated by restrictions on that decision." Hearn wrote that the ban on abortion at six weeks was an unreasonable restriction and that six weeks was not a reasonable time period for a woman to find out they are pregnant and decide to get an abortion.[168]
    • June 27, 2022: A federal court ruled that a law previously blocked by the court could now go into effect. On February 18, 2021, South Carolina Gov. Henry McMaster (R) signed SB 1 a bill prohibiting abortion once a fetal heartbeat is detected (around six weeks into pregnancy) with exceptions in the case of rape or incest up to 20 weeks post-fertilization, for certain fetal anomalies, and for certain medical emergencies.[86] On February 22, the U.S. Court of Appeals for the Fourth Circuit upheld the lower court's earlier decision to block the bill.[169]

    When the U.S. Supreme Court overturned Roe v. Wade on June 24, the South Carolina attorney's general office moved to have the injunction lifted. The bill took effect immediately following the federal court's ruling.[88]

    South Dakota

    Amendment G
    • November 5, 2024: Voters rejected Constitutional Amendment G, an amendment which would have provided for the right to an abortion in the constitution using a trimester framework for regulation.

    Tennessee

    SB 1257
    • August 25, 2022: Tennessee SB 1257, passed in 2019, went into effect. The law prohibits abortions accept in cases when necessary to prevent death or serious injury to the mother. The law makes performing or attempting to perform an abortion a Class C felony.[170]

    Texas

    Texas Supreme Court allows enforcement of 1925 abortion law
    • July 1, 2022: The Texas Supreme Court ruled that a 1925 state law prohibiting abortions could be enforced following the U.S. Supreme Court's overturning of Roe v. Wade. The ruling did not allow the state to criminally charge abortion providers, but it does allow fines and lawsuits to be brought against anyone assisting in the procurement of an abortion to fines and lawsuits.[171]

    Utah

    HB 136
    • June 28, 2022: A 2019 law, HB 136, went into effect after a Utah district court halted enforcement of SB 174 on June 27, 2022. HB 136 prohibits abortions 18 weeks after the last menstrual period.[172]
    SB 174
    • June 27, 2022: Utah Third Judicial District Judge Andrew H. Stone granted Planned Parenthood Association of Utah's request to halt enforcement of SB 174, a law prohibiting abortions except when necessary to save the life of a pregnant person or in cases of rape or incest.[173][174]
    • June 24, 2022: SB 174 went into effect following the U.S. Supreme Court's overruling of Roe v. Wade. Former Utah Gov. Gary Herbert (R) signed SB174 into law on March 28, 2020.[175] The law required state legislative attorneys to certify the supreme court decision in the event of Roe being overturned, and state attorneys did so on June 24.[176] The law makes providing an abortion a second-degree felony punishable by up to 15 years in prison, and clinics or doctors involved could potentially lose their medical licenses.[177]

    West Virginia

    HB 302
    • September 16, 2022: Gov. Jim Justice (R) signed HB 302, a bill prohibiting abortions except in the case of rape or incest (if the incident is reported to law enforcement). On September 14, 2022, the bill passed the West Virginia State Senate in a 22-7 vote, and the House passed it in a 77-17 vote.[178]

    Wisconsin

    1849 law reinstated
    • June 24, 2022: An 1849 Wisconsin law making performing an abortion a felony offense went into effect following the U.S. Supreme Court's overruling of Roe v. Wade. Gov. Tony Evers (D) and Attorney General Josh Kaul (D) said they would not enforce the law, but district attorneys and other officials would have the ability to do so. Evers said he would "provide clemency to any physician that is charged under that law."[179]

    State laws on abortion restrictions before Dobbs decision

    The following information was current prior to the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization.

    The U.S. Supreme Court heard three cases related to abortion in 2021. Before SCOTUS' June 2022 decision in Dobbs v. Jackson, which overturned Roe v. Wade and held that the Constitution does not provide the right to an abortion, several media outlets and abortion policy research and advocacy groups published articles and reports about what would happen if Roe were overturned.[180][181][182]

    According to the Guttmacher Institute and the National Right to Life Committee, as reported by Politifact, 19 states enacted abortion restrictions that were intended to become enforceable if Roe were overturned. Sixteen states and the District of Columbia enacted laws that were intended to keep abortion legal, and 12 states did not enact laws either keeping abortion legal or restricting access. In three states (Georgia, Iowa, and Ohio), courts blocked laws restricting abortion access based on Roe. Restrictions in these states were potentially reinstateable through court action following the overturning of Roe.[183]

    The Guttmacher Institute describes its mission as "advancing sexual and reproductive health and rights in the United States and globally."[184] The National Right to Life Committee says it "[works] to restore legal protection to the most defenseless members of our society who are threatened by abortion, infanticide, assisted suicide and euthanasia."[185]

    States where restrictions would increase

    In 19 states, abortion restrictions became enforceable after Roe was overturned:[186]

    • Alabama
    • Arizona
    • Arkansas
    • Idaho
    • Kentucky
    • Louisiana
    • Michigan
    • Mississippi
    • Missouri
    • North Carolina
    • North Dakota
    • Oklahoma
    • South Dakota
    • Tennessee
    • Texas
    • Utah
    • West Virginia
    • Wisconsin
    • Wyoming

    16 states and the District of Columbia enacted laws that kept abortion legal following the overturning of Roe:

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

    12 states had not passed laws either restricting abortion or keeping abortion legal:

    • Alaska
    • Florida
    • Indiana
    • Kansas
    • Minnesota
    • Montana
    • Nebraska
    • New Hampshire
    • New Mexico
    • Pennsylvania
    • South Carolina
    • Virginia

    In 3 states, courts blocked laws restricting access to abortion based on Roe, and these had the potential to become enforceable again through court action since Roe has been overturned.

    • Iowa
    • Georgia
    • Ohio

    States where abortion explicitly remained legal

    12 states allowed abortion through the point of fetal viability, separate from the Roe decision:

    • California
    • Connecticut
    • Delaware
    • Hawaii
    • Illinois
    • Maine
    • Maryland
    • Massachusetts
    • Nevada
    • New York
    • Rhode Island
    • Washington

    4 states and D.C. legalized abortion without restrictions on timing:

    • Colorado
    • New Jersey
    • Vermont
    • Oregon.

    Noteworthy policy changes before Dobbs decision

    Click the tabs below to see events that impact abortion law and policy in that state. Events are listed in reverse chronological order. Do you know of something else that should be included here? Click here to let us know.

    2019

    Judge issues preliminary injunction against House Bill 314

    In October 2019, Judge Myron Thompson of the United States District Court for the Middle District of Alabama issued a preliminary injunction against House Bill 314.[187]

    On May 15, 2019, Alabama Gov. Kay Ivey (R) signed a bill into law prohibiting abortions in the state except those necessary to prevent a serious health risk to the woman while excluding from the definition of abortion an "act to terminate the pregnancy of a woman when the unborn child has a lethal anomaly." House Bill 314, called the Human Life Protection Act, reclassified performing an abortion as a felony punishable with up to 99 years in prison for doctors performing it.[93]

    "Today, I signed into law the Alabama Human Life Protection Act, a bill that was approved by overwhelming majorities in both chambers of the Legislature," Ivey said in a statement. "To the bill's many supporters, this legislation stands as a powerful testament to Alabamians' deeply held belief that every life is precious and that every life is a sacred gift from God."[188]

    "We vowed to fight this dangerous abortion ban every step of the way and we meant what we said," Staci Fox, president and chief executive officer of Planned Parenthood Southeast, told CBS News. "We haven't lost a case in Alabama yet and we don't plan to start now."[93]

    2018

    U.S. circuit court upholds injunction against second-trimester abortion law

    On August 22, 2018, a three-judge panel of the United States Court of Appeals for the 11th Circuit upheld a lower court's injunction against a 2016 Alabama law prohibiting an abortion procedure called dilation and extraction. The law prohibited second-trimester abortions unless the fetus was dead prior to extraction, and was initially blocked from becoming law by a U.S. district court. The 11th Circuit said that the law created additional risks for women seeking abortions and thus was unconstitutional.[189] Chief Judge Edward Carnes and Judge Joel Dubina—both appointed by President George H.W. Bush—wrote that they were upholding Supreme Court precedent, although they did not agree with it. The third judge, Leslie Abrams, sitting by designation, said she concurred in the judgment.[190]

    Abortion ballot measures

    States with Democratically-controlled legislatures that had not passed measures protecting access to abortion

    As of January 2025, there were 11 states with Democratically-controlled legislatures that had not passed a ballot measure protecting the right to an abortion:

    View the 11 states below:

    States with Democratically-controlled legislatures that had not passed measures protecting abortion rights
    State Trifecta Citizen initiatives
    Connecticut Democratic trifecta No
    Delaware Democratic trifecta No
    Hawaii Democratic trifecta No
    Illinois Democratic trifecta Yes
    Maine Democratic trifecta Yes
    Massachusetts Democratic trifecta Yes
    New Jersey Democratic trifecta No
    New Mexico Democratic trifecta No
    Oregon Democratic trifecta Yes
    Rhode Island Democratic trifecta No
    Virginia Divided government No
    Washington Democratic trifecta No


    Abortion ballot measures

    See also: Abortion policy ballot measures

    Click the tabs to view state ballot measures related to abortion, organized by year or state.

    2026

    1. Missouri Prohibit Abortion and Gender Transition Procedures for Minors Amendment (2026) - On the ballot
    2. Nevada Question 6, Right to Abortion Initiative (2026) - On the ballot
    3. Virginia Right to Reproductive Freedom Amendment (2026) - Potential

    2024

    1. Arizona Proposition 139, Right to Abortion Initiative (2024) Approved
    2. Colorado Amendment 79, Right to Abortion and Health Insurance Coverage Initiative (2024) Approved
    3. Florida Amendment 4, Right to Abortion Initiative (2024) Defeated
    4. Maryland Question 1, Right to Reproductive Freedom Amendment (2024) Approved
    5. Missouri Amendment 3, Right to Reproductive Freedom Initiative (2024) Approved
    6. Montana CI-128, Right to Abortion Initiative (2024) Approved
    7. Nebraska Initiative 434, Prohibit Abortions After the First Trimester Amendment (2024) Approved
    8. Nebraska Initiative 439, Right to Abortion Initiative (2024) Defeated
    9. Nevada Question 6, Right to Abortion Initiative (2024) Approved
    10. New York Proposal 1, Equal Protection of Law Amendment (2024) Approved
    11. South Dakota Constitutional Amendment G, Right to Abortion Initiative (2024) Defeated

    2023

    1. Ohio Issue 1, Right to Make Reproductive Decisions Including Abortion Initiative (2023) Approved

    2022

    1. California Proposition 1, Right to Reproductive Freedom Amendment (2022) Approved
    2. Kansas No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment (August 2022) Defeated
    3. Kentucky Constitutional Amendment 2, No Right to Abortion in Constitution Amendment (2022) Defeated
    4. Michigan Proposal 3, Right to Reproductive Freedom Initiative (2022) Approved
    5. Montana LR-131, Medical Care Requirements for Born-Alive Infants Measure (2022) Defeated
    6. Vermont Proposal 5, Right to Personal Reproductive Autonomy Amendment (2022) Approved

    2020

    1. Colorado Proposition 115, 22-Week Abortion Ban Initiative (2020) Defeated
    2. Louisiana Amendment 1, No Right to Abortion in Constitution Amendment (2020) Approved

    2018

    1. Alabama Amendment 2, State Abortion Policy Amendment (2018) Approved
    2. Oregon Measure 106, Ban Public Funds for Abortions Initiative (2018) Defeated
    3. West Virginia Amendment 1, No Right to Abortion in Constitution Measure (2018) Approved

    2014

    1. Colorado Amendment 67, Definition of Person Initiative (2014) Defeated
    2. North Dakota Measure 1, Right to Life of Humans at Any Stage of Development Amendment (2014) Defeated
    3. Tennessee Amendment 1, No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment (2014) Approved

    2012

    1. Florida Amendment 6, State Constitution Interpretation and Prohibit Public Funds for Abortions Amendment (2012) Defeated
    2. Montana LR-120, Parental Notification of Abortion Measure (2012) Approved

    2011

    1. Mississippi Initiative 26, Definition of Person Amendment (2011) Defeated

    2010

    1. Alaska Ballot Measure 2, Parental Notification of Abortion Initiative (August 2010) Approved
    2. Colorado Amendment 62, Definition of Person Amendment (2010) Defeated

    2008

    1. California Proposition 4, Parental Notification of Abortion Initiative (2008) Defeated
    2. Colorado Amendment 48, Definition of Person Initiative (2008) Defeated
    3. South Dakota Initiative 11, Abortion Ban Measure (2008) Defeated

    2006

    1. California Proposition 85, Parental Notification of Abortion Initiative (2006) Defeated
    2. Oregon Measure 43, Parental Notification of Abortion Initiative (2006) Defeated
    3. South Dakota Referendum 6, Abortion Ban Measure (2006) Defeated

    2005

    1. California Proposition 73, Parental Notification of Abortion Initiative (2005) Defeated

    2004

    1. Florida Amendment 1, Parental Notification of Abortion Measure (2004) Approved

    2000

    1. Colorado Amendment 25, Informed Consent for Abortion Initiative (2000) Defeated

    1999

    1. Maine Question 1, "Partial-Birth Abortion Ban Act" Initiative (1999) Defeated

    1998

    1. Colorado Amendment 11, Prohibition on Partial-Birth Abortions Initiative (1998) Defeated
    2. Colorado Amendment 12, Parental Notification for Abortions Initiative (1998) Approved
    3. Washington Initiative 694, "Partial-Birth Abortion Ban Act" Measure (1998) Defeated

    1994

    1. Wyoming Initiative 1, Abortion Ban Measure (1994) Defeated

    1992

    1. Arizona Proposition 110, Abortion Ban and Prohibit Public Funds Initiative (1992) Defeated
    2. Maryland Question 6, Changes to Abortion Law Referendum (1992) Approved

    1991

    1. Washington Initiative 120, Abortion Legal to Fetal Viability Measure (1991) Approved

    1990

    1. Nevada Question 7, Abortion Legal to 24 Weeks Statute Referendum (1990) Approved
    2. Oregon Measure 10, Parental Notification of Abortion Initiative (1990) Defeated
    3. Oregon Measure 8, Abortion Ban Initiative (1990) Defeated

    1988

    1. Arkansas Amendment 3, Prohibit Public Funds for Abortions and State Policy Initiative (1988) Approved
    2. Colorado Initiative 7, Repeal Prohibition on Public Funds for Abortions Amendment (1988) Defeated
    3. Michigan Proposal A, Prohibit Public Funds for Abortions for Public Assistance Recipients Referendum (1988) Approved

    1986

    1. Arkansas Amendment 65, Prohibit Public Funds for Abortions and State Policy Initiative (1986) Defeated
    2. Arkansas Limitation on Public Funding for Abortion, Proposed Amendment 65 (1986) Defeated
    3. Massachusetts Question 1, No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment (1986) Defeated
    4. Oregon Measure 6, Prohibit Public Funds for Abortions Initiative (1986) Defeated
    5. Rhode Island Question 14, Constitutional Right to Life and Abortion Prohibited Amendment (1986) Defeated

    1984

    1. Colorado Amendment 3, Prohibit Public Funds for Abortions Initiative (1984) Approved
    2. Washington Initiative 471, Prohibit Public Funds for Abortions Measure (1984) Defeated

    1982

    1. Alaska Measure 6, Prohibit Public Funds for Abortions Initiative (1982) Defeated

    1978

    1. Oregon Measure 7, Prohibit Public Funds for Abortions Initiative (1978) Defeated

    1972

    1. Michigan Proposal B, Abortion Legalization to 20 Weeks Initiative (1972) Defeated
    2. North Dakota Measure 1, Abortion Legalization to 20 Weeks Initiative (1972) Defeated

    1970

    1. Washington Referendum 20, Abortion Legalization to Four Months Measure (1970) Approved

    History of abortion ballot measures

    See also: History of abortion ballot measures

    Since the 1970s, abortion-related policies have been a topic for statewide ballot measures across the U.S.

    From 1970 to 2024, there were 65 abortion-related ballot measures, and 44 (68%) of these had the support of organizations that described themselves as pro-life. Voters approved 12 (27%) and rejected 32 (73%) of these 44 ballot measures. The other 21 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved 15 (71%) and rejected six (29%).

    Before Roe v. Wade in 1973, three abortion-related measures were on the ballot in Michigan, North Dakota, and Washington, and each was designed to allow abortion in its respective state.

    Timeline of abortion ballot measures

    1970s

    The first abortion-related measure to appear on a ballot was Washington Referendum 20, which was approved. In 1970, Referendum 20 legalized abortion in the state of Washington — three years before Roe v. Wade. Measures to legalize abortion were proposed in Michigan and North Dakota in 1972; both were defeated.

    After the U.S. Supreme Court decided Roe v. Wade in 1973, there were no abortion-related ballot measures until 1978. Oregon Measure 7, which was defeated, was the first of several ballot measures designed to prohibit the use of public funds on abortions.

    1980s

    In 1986, Massachusetts and Rhode Island became the first two states to vote on constitutional amendments that would have allowed them to prohibit or regulate abortion in the event that Roe v. Wade was revised or overturned.

    During the 1980s, voters decided on seven ballot measures to prohibit the public funding of abortion; three were approved, and four were defeated. In Colorado, Initiative 3, which prohibited public funding, was approved in 1984. Opponents of Initiative 3 sought to re-allow public funding with Initiative 7 in 1988; Initiative 7 was rejected, keeping the funding ban as law.

    1990s

    The first parental notification measure was on the ballot in Oregon in 1990. The initiated measure was defeated. In 1998, the second parental notification measure, which was on the ballot as Colorado Initiative 12, was approved.

    Also on the ballot in 1990 was Washington Initiative 120, the first ballot measure since before Roe v. Wade to expand the timeframe for when an abortion can be performed. In Nevada, a statute affirmation, Question 7, was on the ballot to prohibit the state Legislature from repealing the state's law allowing abortions in the future. Both Washington Initiative 120 and Nevada Question 7 were approved.

    In 1992, voters approved Maryland Question 6, which was the last ballot measure, until 2022, designed to enact a law that organizations described as pro-choice/pro-reproductive rights supported.

    In 1998 and 1999, three states — Colorado, Maine, and Washington — voted on ballot initiatives to ban partial-birth abortions, also known as dilation and evacuation abortion procedures. These ballot initiatives were defeated. Measures to prohibit abortion were also on the ballot in Arizona, Oregon, and Wyoming, where each was rejected.

    2000s

    During the 2000s, there were nine abortion-related measures on the ballot in five states. Issues included parental notification, personhood amendments, and laws to prohibit or limit abortions. Florida Amendment 1, a parental notification measure, was approved. The other eight proposals – three in California, two in Colorado, two in South Dakota, and one in Oregon – were defeated.

    2010s

    Both personhood constitutional amendments and those addressing state constitution interpretations became more common during the 2010s. Voters rejected the four personhood amendments, and approved three of four amendments to provide that state constitutions cannot be interpreted to establish a state constitutional right to abortion. The measures approved were Tennessee Amendment 1 (2014), Alabama Amendment 2 (2018), and West Virginia Amendment 1 (2018). The one constitution interpretation amendment that was rejected, Florida Amendment 6 (2012), addressed a second topic as well — prohibiting public funding of abortion.

    2020s

    In 2022, voters in California, Michigan, and Vermont were the first to decide ballot measures to establish state constitutional rights to abortion. Votes on these ballot measures followed Dobbs v. Jackson Women’s Health Organization, which held that the U.S. Constitution does not confer a right to abortion.[296]

    • In Vermont, voters approved a constitutional amendment to establish a right to reproductive autonomy. Proposal 5 was proposed before Dobbs, and Eileen Sullivan, communications director for the Planned Parenthood Vermont Action Fund, cited changes in the U.S. Supreme Court's membership as background for Proposal 5. Sullivan said, "Justice [Anthony] Kennedy's retirement prompted action in Vermont, so that these rights in Vermont would be protected no matter what happens in Washington, D.C."[297]
    • In California, Proposition 1 was approved, providing that the state cannot "deny or interfere with an individual’s reproductive freedom in their most intimate decisions," including the decision to have an abortion or to choose or refuse contraceptives. Gov. Gavin Newsom (D), Senate President Toni Atkins (D-39), and Assembly Speaker Anthony Rendon (D-63) issued a joint statement calling for an amendment on May 2, 2022, following the leak of a Dobbs order draft. "We know we can’t trust the Supreme Court to protect reproductive rights, so California will build a firewall around this right in our state constitution," read the statement.[298]
    • In Michigan, voters approved a citizen-initiated measure to provide a state constitutional right to reproductive freedom. The ballot initiative defined reproductive freedom as "the right to make and effectuate decisions about all matters relating to pregnancy, including but not limited to prenatal care, childbirth, postpartum care, contraception, sterilization, abortion care, miscarriage management, and infertility care."

    The ballot also featured constitutional interpretation amendments in Louisiana in 2020 and Kansas and Kentucky in 2022. These ballot measures provide that state constitutions cannot be interpreted to establish a state constitutional right to abortion. In Kansas, for example, the state Supreme Court ruled that the state's Bill of Rights provided a state constitutional right to abortion. "We see these initiatives as fighting back against activist state courts and neutralizing the state constitutions on the issue," said Billy Valentine, vice president of Susan B. Anthony Pro-Life America.[297] In Louisiana, voters approved the amendment. In Kansas and Kentucky, voters rejected the amendments.

    In 2023, voters in Ohio approved a citizen-initiated constitutional amendment, titled Issue 1, to provide a state constitutional right to "make and carry out one’s own reproductive decisions, including but not limited to" decisions about abortion, contraception, fertility treatment, miscarriage care, and continuing pregnancy.[299]

    In 2024, voters decided on 11 abortion-related ballot measures—the most on record for a single year. Ten were designed to provide state constitutional rights to abortion. Voters approved seven of them in Arizona, Colorado, Maryland, Missouri, Montana, New York, and Nevada, while three ballot measures were defeated in Florida, Nebraska, and South Dakota. One, in Nebraska, to limit the timeframe for when an abortion can be performed was approved. "

    The Democratic Congressional Campaign Committee (DCCC) issued a memo in April 2024 saying the right-to-abortion measures guarantee "that reproductive freedom will remain a driving issue for voters this November," and that "House Republicans’ extremism will cost them in states with abortion ballot initiatives."[300] Nathaniel Rakich, senior editor and elections analyst at FiveThirtyEight, described this idea: "Proponents of this theory often make the 'reverse coattails' argument: that abortion-rights ballot measures increase turnout among liberal voters, who will vote for Democratic candidates elsewhere on the ballot while they're at it." He also said, "[T]he data on whether these abortion-rights ballot measures goosed turnout is inconclusive."[301]

    James Blair, the political director for Trump's 2024 campaign, said, "In many ways, the ballot initiatives, one could argue, are favorable to Republicans because it allows a voter to exercise their judgments on abortion policy and their state on the one hand while exercising judgment on who should serve as president [on the other]."[302] Samara Klar, Professor of Government and Public Policy at the University of Arizona, made a similar observation following the presidential election, "Without abortion on the ballot, you’d have to channel your support for reproductive rights through candidate choice. But by having it on the ballot, you could split. You could say, ‘I’m voting for Trump – and I’m voting for abortion (rights).’"[303]

    Timeline

    The following graph shows the number of abortion-related ballot measures per year since 1970:


    Background

    The first law banning abortions in the U.S. was enacted in Connecticut in 1821. That law banned abortions after the quickening, a phenomenon, typically said to occur around the fourth month of pregnancy, when a woman first feels the fetus move.[304][305] By the 1880s, all states had laws criminalizing abortions.[306] In 1970, four states (Alaska, Hawaii, New York, and Washington) became the first to repeal bans on abortion after viability.[304]

    In 1965, the Supreme Court decided Griswold v. Connecticut, ruling that an 1879 Connecticut law banning the use of contraception was illegal. The 7-2 decision said that the Due Process Clause of the Fourteenth Amendment established a right to privacy for marital couples against state regulations on contraception. This right to privacy idea would be expanded in future court decisions.[307]

    In 1973, the Supreme Court decided Roe v. Wade, striking down a Texas statute banning abortions. The court held that a woman's right to an abortion was protected by the Fourteenth Amendment, which guarantees a right to privacy. Justice Harry Blackmun authored the court's 7-2 opinion, which divided pregnancy into three trimesters and offered differing rules for each. This ruling effectively legalized abortion across the United States.[308]

    In 1992, the Supreme Court decided Planned Parenthood v. Casey, which created a new legal standard of an undue burden for considering whether an abortion law is constitutional. The 5-4 decision was authored by three justices: Sandra Day O'Connor, Anthony Kennedy, and David Souter. It threw out the trimester precedent established in Roe and said that states may not place a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability."[309] Unlike in Roe, the court permitted states to regulate abortion during the first trimester if the regulations did not create an undue burden.[310]

    The U.S. Supreme Court heard three cases relating to abortion during its October 2021 term. Two cases heard in November (United States v. Texas and Whole Woman's Health v. Jackson) challenged the legality of Texas' abortion law S.B. 8, which used civil lawsuits by private citizens as an enforcement mechanism for the state's restrictions on abortion after a fetal heartbeat is detected. On December 10, the court ruled that the federal government did not have standing to sue to block the Texas law in federal court and that abortion providers could sue certain Texas officials in federal court to prevent them from enforcing provisions of S.B. 8 against abortion providers. The other case, heard in December (Dobbs v. Jackson Women’s Health Organization), directly challenged the court's precedent in Roe V. Wade and Planned Parenthood v. Casey. To read more about these three cases, click here.

    The undue burden standard

    In Planned Parenthood v. Casey, the Supreme Court created an undue burden standard to determine whether or not an abortion regulation is constitutional. The court stated that an undue burden is if a law's "purpose or effect is to place substantial obstacles in the path of a woman seeking an abortion before the fetus attains viability." In a 2016 case ruling against a pair of abortion regulations in Texas, Ruth Bader Ginsburg wrote in a concurring opinion that laws that "'do little or nothing for health, but rather strew impediments to abortion,' cannot survive judicial inspection."[311]

    The undue burden standard is up to court interpretation, however. Writing for The New Yorker in 2014, Jeffrey Toobin said that the standard handed down in Casey "did not have a fixed, self-evident definition." He argued that a shift in the court's ideology in either direction could change the meaning of what represents an undue burden to a woman seeking an abortion.[312]

    See also

    Footnotes

    1. Guttmacher Institute, "State Bans on Abortion Throughout Pregnancy," accessed November 5, 2024
    2. Note: Exceptions to these thresholds are generally provided when pregnancy threatens the mother's life or health.
    3. The Fuller Project, "How major abortion laws compare, state by state," accessed December 4, 2022
    4. 4.0 4.1 Kaiser Family Foundation, "States with Gestational Limits for Abortion," August 1, 2020
    5. Guttmacher Institute, "State Bans on Abortion Throughout Pregnancy," September 1, 2021
    6. Supreme Court of the United States, Roe v. Wade, January 22, 1973
    7. 7.0 7.1 Guttmacher Institute, "The Implications of Defining When a Woman Is Pregnant," May 9, 2005
    8. Voters approved Proposition 139 on November 5, 2024, amending the state constitution to provide for the fundamental right to abortion, among other provisions. The amendment was set to go into effect once Gov. Katie Hobbs (D) certified the election results following the November 25, 2024, canvass deadline.
    9. Axios, "When Arizona's new abortion measure will take effect," November 7, 2024
    10. In a 6-3 decision in Moyle v. United States (consolidated with Idaho v. United States), the U.S. Supreme Court on June 27, 2024, reinstated a U.S. District Court for the District of Idaho ruling that temporarily blocked the state of Idaho from enforcing the part of a 2022 law that barred abortion in case of certain medical emergencies.
    11. Voters approved Amendment 3, which provided for a right to abortion in the state constitution. The amendment was set to take effect 30 days after the election.
    12. Missouri Independent, "Missouri voters approve Amendment 3, overturn state’s abortion ban," November 5, 2024
    13. On September 12, 2024, a state judge ruled against North Dakota's abortion ban. The state appealed the ruling, and litigation is ongoing.
    14. Ohio voters approved Issue 1 in 2023, allowing the state to restrict abortion only after fetal viability. However, the state's previous restrictions on abortion—such as SB 127, which banned abortion at 20 weeks post-fertilization—remained on the books. As of August 2024, courts had not weighed in on the interaction between Issue 1 and the older laws.
    15. Arizona News, "Judge permanently blocks Arizona’s 15-week abortion ban," May 5, 2025
    16. Center for Reproductive Rights, "Arizona Judge Permanently Blocks State’s 15-Week Abortion Ban, Declaring it Unconstitutional," May 5, 2025
    17. South Central Judicial District, "Order on Defendent's Motion for Summary Judgement," accessed September 13, 2024
    18. WDay Radio Now, "WRIGLEY: State will appeal District Court decision to overturn abortion ban," September 12, 2024
    19. Catholic News Agency, "North Dakota judge strikes down state’s abortion restrictions," September 12, 2024
    20. The New York Times, "Iowa Supreme Court Allows Six-Week Abortion Ban to Take Effect," June 28, 2024
    21. American Civil Liberties Union, "IOWA COURT TEMPORARILY BLOCKS SIX-WEEK ABORTION BAN," July 17, 2023
    22. CNN, "Iowa Supreme Court upholds state’s 6-week abortion ban," June 28, 2024
    23. The Washington Post, "Supreme Court officially allows emergency abortions in Idaho, for now," June 27, 2024
    24. NBC News, "Arizona Supreme Court pushes back enforcement date for 1864 abortion ban," May 13, 2024
    25. AZ Mirror, "Enforcement of 1864 abortion ban delayed until late September," May 13, 2024
    26. Office of the Governor Katie Hobbs, "Governor Katie Hobbs Signs Bill into Law Officially Repealing 1864 Abortion Ban," May 2, 2024
    27. Associated Press, "Arizona’s Democratic governor signs a bill to repeal 1864 ban on most abortions," May 2, 2024
    28. AZ Mirror, "The AZ Senate has repealed the 1864 abortion ban, after 2 Republicans join Dems," May 1, 2024
    29. AZ Mirror, "The 1864 abortion law is officially repealed, but when it takes effect remains uncertain," May 2, 2024
    30. Florida Governor Ron DeSantis, "Governor Ron DeSantis Signs Heartbeat Protection Act," April 13, 2023
    31. Health News Florida, "DeSantis signs 6-week abortion ban into law hours after House passage," April 14, 2023
    32. NBS News, "Florida Supreme Court allows 6-week abortion ban to take effect, but voters will have the final say," April 1, 2024
    33. National Review, "Florida’s Supreme Court Upholds State Abortion Limits, Paving Way for Six-Week Ban," April 1, 2024
    34. Associated Press, "What to know about abortion in Arizona under the near-total 1864 ban," April 10, 2024
    35. 35.0 35.1 35.2 35.3 The New York Times, "Arizona Reinstates 160-Year-Old Abortion Ban," April 10, 2024
    36. NBC News, "Chaos and confusion ensue at abortion clinics after Arizona court rules 1864 ban is enforceable," April 10, 2024
    37. NBS News, "Florida Supreme Court allows 6-week abortion ban to take effect, but voters will have the final say," April 1, 2024
    38. National Review, "Florida’s Supreme Court Upholds State Abortion Limits, Paving Way for Six-Week Ban," April 1, 2024
    39. Associated Press, "The Supreme Court is allowing Idaho to enforce its strict abortion ban, even in medical emergencies," January 5, 2024
    40. Idaho Capital Sun, "Federal judge orders temporary restraining order on Idaho’s ‘abortion trafficking’ law," November 9, 2023
    41. Associated Press, "Kansas can’t enforce new law on abortion pills or make patients wait 24 hours, judge rules," October 30, 2024
    42. The Associated Press, "Judge blocks 2 provisions in North Carolina’s new abortion law; 12-week near-ban remains in place," September 30, 2023
    43. WFYI Indianapolis, "Indiana’s near-total abortion ban was set to take effect Aug. 1. Here’s what you need to know," July 31, 2023
    44. USA Today, "Indiana abortion ban takes effect after state Supreme Court denies rehearing," August 21, 2023
    45. Associated Press, "Iowa Supreme Court declines to reinstate strict abortion limits, but a new law could be coming," June 15, 2023
    46. Catholic News Agency, "State judge blocks South Carolina’s 6-week abortion ban," May 30, 2023
    47. CNN, "South Carolina governor signs 6-week abortion bill into law," May 25, 2023
    48. National Review, "South Carolina Legislature Passes Six-Week Abortion Ban," May 23, 2023
    49. Associated Press, "Nebraska governor signs 12-week abortion ban, limits on gender-affirming care for minors," May 22, 2023
    50. Associated Press, "Abortion after 12 weeks banned in North Carolina after GOP lawmakers override governor’s veto," May 20, 2023
    51. LegiScan, "North Carolina Senate Bill 20," accessed May 19, 2023
    52. CNN, "North Carolina Democratic governor vetoes abortion ban, setting up likely override vote," May 13, 2023
    53. Associated Press, "North Dakota governor signs law banning nearly all abortions," April 25, 2023
    54. National Review, "North Dakota Governor Signs Law Banning Almost All Abortions," April 24, 2023
    55. 2023 Florida Legislature, "SB 300," accessed April 13, 2023
    56. CNN, "Florida Gov. DeSantis signs 6-week abortion ban," April 14, 2023
    57. Axios, "DeSantis signs Florida's 6-week abortion ban into law," April 13, 2023
    58. https://abcnews.go.com/Health/north-dakota-supreme-court-state-abortion-ban-unconstitutional/story?id=97921340 ABC News, "North Dakota Supreme Court says state abortion ban is 'unconstitutional'," March 16, 2023]
    59. The Hill, "North Dakota Supreme Court upholds ruling temporarily blocking abortion ban," March 17, 2023
    60. Courthouse News Service, "Minnesota enshrines abortion rights into law," January 31, 2023
    61. 61.0 61.1 61.2 61.3 Minnesota Legislature, "Office of the Revisor of Statutes," accessed February 2, 2023
    62. Axios, "South Carolina Supreme Court strikes down state's 6-week abortion ban," accessed January 6, 2023
    63. NPR, "Georgia's highest court reinstates ban on abortions after 6 weeks," November 23, 2022
    64. NPR, "Judge overturns Georgia's ban on abortion around 6 weeks," November 15, 2022
    65. Politico, "Arizona appeals court reinstates injunction blocking abortion ban," October 7, 2022
    66. Cincinnati Enquirer, "Ohio judge extends order blocking six-week abortion ban through Oct. 12," September 27, 2022
    67. 67.0 67.1 67.2 67.3 The Guardian, "Nearly all abortions become illegal in Arizona," September 24, 2022
    68. Politico, "West Virginia Gov. Jim Justice signs abortion ban into law," September 16, 2022
    69. NPR, "A judge temporarily blocks an Ohio law banning most abortions," September 14, 2022
    70. CNN, "North Dakota judge blocks abortion trigger ban day before it goes into effect," August 25, 2022
    71. North Dakota Legislature, "HOUSE BILL NO. 1466," accessed September 5, 2022
    72. LegiScan, "TN SB1257," accessed September 5, 2022
    73. JD Supra, "Idaho Abortion Laws: New Law and EMTALA Exception Now Effective, " August 30, 2022
    74. Courier-Journal, "Clinics ask Supreme Court to halt appeals court order blocking abortion in Kentucky," August 2, 2022
    75. Politico, "Indiana Legislature first to approve abortion bans post Roe," accessed August 6, 2022
    76. Courier-Journal, "Abortions in Kentucky still legal after judge blocks state laws while case goes through court," July 22, 2022
    77. WALB News, "Georgia abortion law takes effect immediately | Federal court lifts injunction," July 20, 2022
    78. Axios, "Supreme Court lets Indiana's parental consent abortion law take effect," July 18, 2022
    79. Associated Press, "Ruling clears Louisiana to enforce near-total abortion ban," July 8, 2022
    80. Politico, "Florida's abortion law can move forward after state issues appeal," July 5, 2022
    81. Texas Tribune, "Texas can enforce 1925 abortion ban, state Supreme Court says," July 2, 2022
    82. CNN, "DeSantis signs Florida's 15-week abortion ban into law," April 14, 2022
    83. The Salt Lake Tribune, "Utah now bans abortions after 18 weeks, as 2019 law goes into effect while trigger law is on hold," June 28, 2022
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