Following the Supreme Court’s historic decision Friday, abortion is now illegal or heavily restricted in at least 11 states. While other states are likely to follow.
According to research from the Guttmacher Institute, twelve other states have laws in place that pave the way to quickly ban or severely restrict access to them. Several additional states appear likely to pass new laws.
Alito asserted that Roe was “egregiously wrong” and “on a collision course with the Constitution from the day it was decided.”
As a result, states will be able to decide whether abortion is legal and under what circumstances. While some states already have extreme legislation in effect that bans nearly all abortion care, 19 states have bans on the books passed either pre-or post-Roe, many of which—while not currently in force—could come into effect if the Supreme Court overturns Roe.
The ruling stated that “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
Many states have ‘trigger bans’ – meaning abortion becomes illegal once Roe v Wade is overturned.
According to research from the Guttmacher Institute, here are the 26 states that will likely ban abortion or have a near ban:
- Alabama—Pre-Roe ban, Near-total ban, State constitution bars protection
- Arizona—Pre-Roe ban
- Arkansas—Pre-Roe ban, Trigger ban, Near-total ban
- Georgia—Six-week ban
- Idaho—Trigger ban, Six-week ban
- Iowa—Six-week ban
- Kentucky—Trigger ban, Six-week ban
- Louisiana—Trigger ban, Near-total ban, Six-week ban, State constitution bars protection
- Michigan—Pre-Roe ban
- Mississippi—Pre-Roe ban, Trigger ban, Six-week ban
- Missouri—Trigger ban, Eight-week ban
- North Dakota—Trigger ban, Six-week ban
- Ohio—Six-week ban
- Oklahoma—Pre-Roe ban, Trigger ban (effective November 1, 2021), Near-total ban, Six-week ban
- South Carolina—Six-week ban
- South Dakota—Trigger ban
- Tennessee—Trigger ban, Six-week ban, State constitution bars protection
- Texas—Pre-Roe ban, Trigger ban, Six-week ban
- Utah—Trigger ban, Near-total ban
- West Virginia—Pre-Roe ban, State constitution bars protection
- Wisconsin—Pre-Roe ban
- Wyoming—Trigger ban
And here is the States Likely to Ban Abortion:
An additional four states have political composition, history and other indicators—such as recent actions to limit access to abortion—that show they are likely to ban abortion as soon as possible without federal protections in place.
- Florida—In 2021, the state legislature attempted to ban abortion at 20 weeks of pregnancy and an effort to adopt a Texas-style six-week ban was publicized. In April 2022, a 15-week abortion ban was enacted that is scheduled to go into effect in July.
- Indiana—In the past decade, the legislature has enacted 55 abortion restrictions and bans, paving the way for a comprehensive ban.
- Montana—For the first time in nearly a decade, new abortion restrictions were enacted in 2021, including restrictions on medication abortion and abortion at 20 weeks of pregnancy. (These restrictions currently cannot be enforced due to a court order.)
- Nebraska—Although not one of the most prolific states on enacting abortion restrictions, it was the first to adopt a 22-week ban (in 2010), and in 2020, enacted a ban on the standard method for abortion after 15 weeks.
Bans on abortion after six or eight weeks of gestational age narrow the window to access abortion to a few weeks. The bans that had been passed in several states were previously held up in court, except for Texas, but could now become effective depending on-court actions. Ohio already has.
Sources: Thegatewaypundit, Guttmacher Institute