Abortion regulations by state
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On November 5, 2024, voters decided on 11 abortion-related ballot measures—the most on record for a single year. See results for abortion-related ballot measures decided on November 5→ |
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 regulate 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.
Justice Brett Kavanaugh was confirmed to the court in October 2018, replacing Anthony Kennedy, one of the majority opinion authors in Casey.[1] Kavanaugh was among three justices President Donald Trump (R) appointed—along with Neil Gorsuch in 2017 and Amy Coney Barrett in 2020. Click here for more on media coverage and elected officials' statements on state legislation in 2019.
The Associated Press’ Geoff Mulvihill wrote, “Two years after a leaked draft of a U.S. Supreme Court opinion signaled that the nation’s abortion landscape was about to shift dramatically, the issue is still consuming the nation’s courts, legislatures and political campaigns — and changing the course of lives.”[2]
The ballot measure has been a front in political battles over abortion since the U.S. Supreme Court overturned Roe. Measures were defeated in Kansas, Kentucky, and Montana. Voters in Ohio approved the only statewide abortion-related measure certified for the ballot in 2023. As of May 2024, four statewide abortion-related measures had been approved for the ballot in Colorado, Florida, Maryland, and South Dakota. 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, and a timeline of events.
Abortion restrictions based on stage of pregnancy[edit]
As of November 4, 2024, 41 states restricted abortions after a certain point in pregnancy.[4] The remaining nine states and Washington, D.C., did not. Of the 41 states with established thresholds for restrictions on abortion:
- Fourteen states restrict abortion after conception
- Four states restrict abortion at six weeks post-fertilization
- Two states restrict abortion at 12 weeks post-fertilization
- One state restricts 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
- Eleven states restrict abortion at fetal viability
- One state restricts abortion in the third trimester
The map 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:
- Conception: This threshold prohibits all abortions after conception, although some states provide exceptions if the woman's life or health is threatened.[5]
- Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.[6][7]
- 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."[8]
- Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.[6]
- 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.[9]
- 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.[9]
| 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 | 15 weeks since last menstrual period[10] |
| 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[11] | 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 | Conception |
| 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 | Conception |
| Ohio | Yes | 20 weeks post-fertilization[12] |
| 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 | ||
Abortion restrictions by pregnancy stage, trifecta status, and 2020 presidential election results[edit]
The following charts show abortion restrictions by pregnancy stage, trifecta status, and 2020 presidential election results.
The chart below shows restrictions by pregnancy stage and trifecta status. State government trifecta is a term to describe single-party government, when one political party holds the governorship and majorities in both chambers of the state legislature
The chart below shows restrictions by pregnancy stage and the results of the 2020 presidential election in each state. States are colored according to which candidate won the popular vote.
Noteworthy policy changes after Dobbs decision[edit]
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[edit]
This section lists recent abortion-related activity in reverse chronological order, including lawsuits, rulings, enacted legislation, and ballot measures.
Events by state[edit]
This section lists recent abortion-related activity by state in reverse chronological order, including lawsuits, rulings, and legislation.
Alabama[edit]
House Bill 314[edit]
- 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.[102] 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.[89]
Arizona[edit]
Enforcement of 1864 statute[edit]
- May 13, 2024: The Arizona Supreme Court delayed enforcement of the 1864 abortion ban to September 26.[103][104]
- 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.[105][106][107] 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.[108]
- 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.”[109] 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.[31] The Arizona Supreme Court said it would stay its ruling for 14 days.[31] 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.[110]
- 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.[111]
- 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.[63]
SB 1164[edit]
- 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.[63]
Arkansas[edit]
Act 180[edit]
- 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.[112] The law replaced previous restrictions on abortions at 18 weeks post-fertilization.
Florida[edit]
Senate Bill 300[edit]
- 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.[113][114] On April 1, the Florida Supreme Court upheld the 15-week ban, allowing the six-week ban to take effect.[115][116]
- 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.[117][118] 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.[119]
House Bill 5[edit]
- 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.[120]
- July 1, 2022: After the U.S. Supreme Court's overruling of Roe v. Wade, the bill went into effect.[121] 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[edit]
HB 481[edit]
- 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.[122]
- 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.[123]
- 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.[124]
Idaho[edit]
S 1385[edit]
- 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.[125] 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."[126]
Indiana[edit]
Senate Enrolled Act 1(ss)[edit]
- 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.[127]
SB 0404[edit]
- 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.[128]
Iowa[edit]
HF 732[edit]
- June 28, 2024: The Iowa Supreme Court ruled 4-3 that a six-week ban on abortion could take effect.[129] 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.[130] 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.[131] The ban was set to go into effect in late July.
Kentucky[edit]
HB 148[edit]
- 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.[132]
- 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.[133]
- 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.[134]
Louisiana[edit]
SB 342[edit]
- 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.[135]
- 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.[136]
- 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.[137][138]
Minnesota[edit]
HB 1[edit]
- January 31, 2023: Gov. Tim Walz (D) signed HB 1.[139] 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."[57] 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.[57]
Mississippi[edit]
SB 2391[edit]
- 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.[140]
U.S. Supreme Court issues opinion in Dobbs v. Jackson[edit]
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.[141]
Massachusetts[edit]
- 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.Cite error: Closing
</ref>missing for<ref>tag[142]
North Carolina[edit]
SB 20[edit]
- 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.[143][144] 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.[145] The law was scheduled to take effect July 1.
North Dakota[edit]
SB 2150[edit]
- 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..."[146] North Dakota Attorney General Drew Wrigley (R) said the state would appeal the decision.[147] The ruling was set to take effect within 14 days.[148]
- 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.[149][150]
HB 1466[edit]
- 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.[151][152]
- 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.[153][154]
Ohio[edit]
SB 23[edit]
- October 10, 2022: Hamilton County Judge Christian Jenkins indefinitely blocked SB 23 as litigation continued.[155].
- 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.[156]
- 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.[157]
- 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.[158]
South Carolina[edit]
SB 474[edit]
- 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.[159]
- 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.[160][161]
SB 1[edit]
- 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.[162]
- 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.[82] On February 22, the U.S. Court of Appeals for the Fourth Circuit upheld the lower court's earlier decision to block the bill.[163]
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.[84]
Tennessee[edit]
SB 1257[edit]
- 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.[164]
Texas[edit]
Texas Supreme Court allows enforcement of 1925 abortion law[edit]
- 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.[165]
Utah[edit]
HB 136[edit]
- 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.[166]
SB 174[edit]
- 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.[167][168]
- 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.[169] 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.[170] 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.[171]
West Virginia[edit]
HB 302[edit]
- 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.[172]
Wisconsin[edit]
1849 law reinstated[edit]
- 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."[173]
State laws on abortion restrictions before Dobbs decision[edit]
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.[174][175][176]
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.[177]
The Guttmacher Institute describes its mission as "advancing sexual and reproductive health and rights in the United States and globally."[178] 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."[179]
States where restrictions would increase[edit]
In 19 states, abortion restrictions became enforceable after Roe was overturned:[180]
- 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[edit]
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[edit]
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.
Alabama[edit]
2019[edit]
Judge issues preliminary injunction against House Bill 314[edit]
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.[181]
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.[89]
"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."[182]
"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."[89]
2018[edit]
U.S. circuit court upholds injunction against second-trimester abortion law[edit]
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.[183] 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.[184]
Arkansas[edit]
2021[edit]
Federal judge issues preliminary injunction against Senate Bill 6[edit]
Federal District Judge Kristine Baker issued a preliminary injunction against Senate Bill 6 on July 20, 2021.[185]
On March 10, 2021, Arkansas Gov. Asa Hutchinson (R) signed Senate Bill 6, which bans all abortions except those performed to save the life of the mother. The bill was set to take effect 90 days after the adjournment of the legislative session, which ended April 30. In a statement released by his office, Hutchinson said the intent of the bill was to challenge the legal precedent of Roe v. Wade. "(The ban) is in contradiction of binding precedents of the U.S. Supreme Court, but it is the intent of the legislation to set the stage for the Supreme Court overturning current case law. I would have preferred the legislation to include the exceptions for rape and incest, which has been my consistent view, and such exceptions would increase the chances for a review by the U.S. Supreme Court,” he said.[186]
On May 26, the ACLU, ACLU of Arkansas, and Planned Parenthood filed a lawsuit against the law in the United States District Court for the Eastern District of Arkansas Central Division.[187]
Florida[edit]
2022[edit]
Florida House Bill 5[edit]
Gov. Ron DeSantis (R) signed a bill banning abortion after 15 weeks of pregnancy. The bill makes exceptions for cases where pregnancy poses a risk to the mother and if fetal abnormalities are confirmed by two physicians. The bill {{{after}}} into effect July 1, 2022.[188]
On June 1, the American Civil Liberties Union of Florida filed a lawsuit in Florida's Second Judicial Circuit Court on behalf of Planned Parenthood and other plaintiffs. Daniel Tilley, the legal director of ACLU Florida, said, “This law blatantly rejects Floridians’ need for essential abortion care and their strong support for the right to get an abortion." “The Florida Supreme Court has long held that their state constitution protects the right to end a pregnancy,” Center for Reproductive Rights President and CEO Nancy Northup said.[189]
Georgia[edit]
2019-2021[edit]
Federal circuit court hears appeal of abortion law block[edit]
On July 13, 2020, a federal judge blocked a law in Georgia that would have restricted abortion after a fetal heartbeat can be detected by a doctor. U.S. District Judge Steve C. Jones temporarily blocked the law in October 2019 and permanently struck it down in July 2020, citing Roe v. Wade and Planned Parenthood v. Casey.[190] The state appealed, and the 11th U.S. Circuit Court scheduled oral arguments for September 24, 2021.[191] The court announced days later it would hold off on a decision pending the U.S. Supreme Court's decision in the case Dobbs v. Jackson Women’s Health Organization.[192]
On May 7, 2019, Georgia Gov. Brian Kemp (R) signed House Bill 481, entitled the Living Infants Fairness and Equality Act, into law. It included exceptions, such as in the case of a pregnancy risking the life of a woman. The bill would have taken effect in January 2020.[193]
"[The bill] is very simple but also very powerful: a declaration that all life has value, that all life matters, and that all life is worthy of protection," Kemp said when he signed the bill. "I realize that some may challenge it in a court of law. But our job is to do what is right, not what is easy. We are called to be strong and courageous, and we will not back down. We will always continue to fight for life."[194]
Executive director of ACLU Georgia Andrea Young said of the bill, "Today's women can only thrive in a state that protects their most basic rights -- the right to choose when and whether to start a family. Georgia can't afford to go backward on women's health and rights. ... We will act to block this assault on women's health, rights and self-determination."[194]
Iowa[edit]
2018-2019[edit]
Judge strikes down Senate File 359[edit]
On January 22, 2019, Polk County District Judge Michael Huppert struck down Senate File 359 as a violation of the Iowa Constitution. Hupert wrote that the law did not identify a compelling state interest in barring abortions after a detected heartbeat. Gov. Kim Reynolds (R) said she was "incredibly disappointed" in the court's ruling and argued that if a lack of a heartbeat could indicate death, then the presence of a heartbeat should indicate life.[195]
On May 1, 2018, the Iowa General Assembly approved Senate File 359, which would prohibit abortion if a doctor detected a fetal heartbeat (usually around six weeks of pregnancy). The bill would make exceptions for rape, incest, fetal abnormalities, and to save the life of the mother.
Some Republican lawmakers expressed hope that the bill would be challenged in court. Sen. Rick Bertrand (R) said during the floor debate, "This bill will be the vehicle that will ultimately provide change and provide the opportunity to overturn Roe v. Wade. There's nothing hidden here about the agenda."[196] Becca Lee, a spokeswoman for Planned Parenthood of the Heartland, said the bill would institute an "intentionally unconstitutional ban on 99 percent of safe, legal abortion, designed to challenge Roe v. Wade." In an email to Reuters, Lee wrote, "The bill weaponizes fetal heartbeat, which is by all accounts an arbitrary standard that bans abortion long before the point of fetal viability."[197]
On May 4, Gov. Kim Reynolds (R) signed Senate File 359. Reynolds said in a statement:[198]
| “ | I understand and anticipate that this will likely be challenged in court, and that courts may even put a hold on the law until it reaches the Supreme Court. However, this is bigger than just a law. This is about life. I am not going to back down from who I am or what I believe in.[199] | ” |
The American Civil Liberties Union and the Planned Parenthood Action Fund announced plans to challenge the bill in court.[200] Planned Parenthood tweeted, "As we announced today, we will fight this dangerous law in court on behalf of you, your rights, and your health. We will fight like hell with everything we have."[201]
Kentucky[edit]
2022[edit]
Federal judge blocks HB 3[edit]
On April 21, 2022, Judge Rebecca Grady Jennings issued a decision temporarily blocking House Bill 3, a bill banning abortions after 15 weeks of pregnancy. [202] The bill was introduced on February 9 and passed the House on March 2 in a 77-20 vote. The Senate unanimously passed the bill on March 29. Gov. Andy Beshear (D) vetoed the bill on April 8, but the House and Senate overrode the veto on April 14.[203]
On April 15, the state's only abortion providers, Planned Parenthood and EMW Women’s Surgical Center, each filed a lawsuit in the United States District Court for the Western District of Kentucky. In the complaints, the providers argued they were unable to comply with the law because the state did not provide clear guidelines. Jennings, who was appointed by Donald Trump (R) in 2017, ruled on the Planned Parenthood lawsuit. In her decision, Jennings said she blocked the legislation because she could not “specifically determine which individual provisions and subsections are capable of compliance.”[202]
Louisiana[edit]
2019[edit]
Senate Bill 184 signed into law[edit]
On May 30, 2019, Gov. John Bel Edwards (D) signed Senate Bill 184 into law, which would restrict abortions after a fetal heartbeat is detected, and does not include exceptions for cases of rape or incest. The law was set to take effect if a similar law in Mississippi was upheld in court.[204] That law, Senate Bill 2116, was struck down in the United States Court of Appeals for the Fifth Circuit in February 2020.[205]
SCOTUS issues stay of law requiring doctors to have hospital admitting privileges[edit]
On Feb. 7, 2019, the Supreme Court of the United States voted 5-4 to stay enforcement of a Louisiana law, enacted in 2014, that requires doctors performing abortions to possess admitting privileges at nearby hospitals. The high court's majority, comprising Chief Justice John Roberts and Associate Justices Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor, provided no commentary explaining its order. Associate Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas voted to deny the request for a stay, and Kavanaugh penned a dissent.[206][207]
In 2016, a federal judge struck down the 2014 law, citing its similarity to a Texas law struck down by the Supreme Court in 2016, but this decision was reversed by a three-judge panel of the United States Court of Appeals for the Fifth Circuit, which voted 2-1 in 2018 to uphold the Louisiana law. In its February 7 order, the Supreme Court ordered that its stay remain in effect either until it agrees to take up the case and issues a final ruling or declines to hear the case, in which event the stay would be terminated and the appellate court's ruling would stand.[208]
SCOTUS agreed to hear the case on October 4, 2019. To read more about the case, click here.
2018[edit]
SB 181 signed but does not become law[edit]
The Louisiana State Legislature sent SB 181 to the governor's desk on May 16, 2018. The bill would have restricted abortions after 15 weeks of pregnancy. It passed the House on April 24, 2018, by a 31-3 vote and passed the Senate by a 24-1 vote.[209] Edwards signed the bill.[210]
SB 181 was set up to not go into effect unless courts upheld a similar bill in Mississippi.[209] The U.S. Supreme Court heard arguments in Dobbs v. Jackson Women’s Health Organization, a case pertaining to the Mississippi law, in December 2021.
Mississippi[edit]
2022[edit]
U.S. Supreme Court issues opinion in Dobbs v. Jackson[edit]
On June 24, 2022, 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 ruled that the Constitution does not grant the right to an abortion and that elected representatives possess the authority to regulate abortion.[211]
The opinion overturned previous U.S. Supreme Court rulings in Roe v. Wade and Planned Parenthood v. Casey. In the majority opinion, Justice Samuel Alito wrote, "Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”[212] Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett filed concurring opinions. Chief Justice John Roberts concurred with the court's decision to uphold Mississippi's abortion restrictions but did not agree with overturning Roe altogether.[213]
Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan filed a dissenting opinion. “With sorrow – for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection – we dissent,” the justices wrote, adding that, due to the decision, “[a]cross a vast array of circumstances, a State will be able to impose its moral choice on a woman and coerce her to give birth to a child."[212] The justices also said the decision could allow the federal government to prohibit abortions nationwide: "If that happens, the views of [an individual State’s] citizens’ will not matter. The challenge for a woman will be to finance a trip not to ‘New York [or] California’ but to Toronto.”[212]
2018-2021[edit]
U.S. Supreme Court hears arguments in case on blocked law[edit]
On Dec. 1, the U.S. Supreme Court heard oral arguments in a case concerning a Mississippi law that a federal district judge struck down in 2018. Republican Gov. Phil Bryant signed HB 1510 into law on March 19, 2018. HB 1510 prohibited abortions after 15 weeks of pregnancy "except in a medical emergency and in cases of severe fetal abnormality." Healthcare providers who performed an abortion after 15 weeks of pregnancy were required to submit a report indicating the date and method of the procedure, the probable age of the fetus, declaring that the procedure was necessary to preserve the life of the mother, and listing health consequences that could result from the procedure. Penalties for performing an illegal abortion included loss of medical license and a $500 fine per violation.[214] The bill passed the Mississippi House of Representatives on February 2 by an 80-31 vote and the Mississippi State Senate on March 6 by a 35-14 vote. The House agreed to Senate amendments on March 8, 76 to 34.[215] NPR reported that HB 1510 made Mississippi the most difficult state for obtaining an abortion.[216]
Gov. Bryant tweeted after signing the bill, "I am committed to making Mississippi the safest place in America for an unborn child, and this bill will help us achieve that goal."[217] The Jackson Women's Health Organization, the only clinic in the state to perform abortions, immediately filed a lawsuit challenging HB 1510. Click here for more information about the lawsuit.[218]
In the complaint, the clinic argued:
| “ | Under decades of United States Supreme Court precedent, the State of Mississippi cannot ban abortion prior to viability, regardless of what exceptions are provided to the ban. Accordingly, the ban is unconstitutional as applied to all women seeking pre-viability abortions after 15 weeks.[199] | ” |
U.S. District Judge Carlton W. Reeves ruled on March 20, 2018, to block HB 1510 for 10 days.[219]
- The Center for Reproductive Rights, which represented the Jackson Women's Health Organization, tweeted after the ruling: "We will fight this unconstitutional ban and ensure that women can access legal and safe abortion care, no matter their zip code."[220]
- Gov. Bryant said, "House Bill 1510 protects maternal health and will further our efforts to make Mississippi the safest place in America for an unborn child. We are confident in its constitutionality and look forward to vigorously defending it."[219]
On November 20, 2018, Reeves struck down the law, stating that it violated the U.S. Constitution.[221][222]
State officials appealed the ruling to the U.S. Supreme Court, which agreed on May 17, 2021, to hear the case during its 2021-2022 term.[223] On July 29, Mississippi Attorney General Lynn Fitch (R) filed a brief stating the following:
| “ |
Overruling Roe and Casey makes resolution of this case straightforward. The Mississippi law here prohibits abortions after 15 weeks’ gestation, with exceptions for medical emergency or severe fetal abnormality. That law rationally furthers valid interests in protecting unborn life, women’s health, and the medical profession’s integrity. It is therefore constitutional. If this Court does not overrule Roe and Casey’s heightened-scrutiny regime outright, it should at minimum hold that there is no pre-viability barrier to state prohibitions on abortion and uphold Mississippi’s law.[199] |
” |
Click here to follow the case.
Missouri[edit]
2021[edit]
Federal circuit court to review HB 126[edit]
On June 9, 2021, a three-judge panel of the 8th U.S. Circuit Court of Appeals blocked HB 126, which would have prohibited abortions after eight weeks of gestation except in cases of medical emergencies. It also would have prohibited abortions sought due to race, sex, or an indication of Down syndrome.[224] Gov. Mike Parson (R) signed the bill into law in 2019, and a federal district judge issued a temporary restraining order against the law that year.[225]
Missouri Attorney General Eric Schmitt (R) said the state would ask the U.S. Supreme Court to hear an appeal.[226]
In mid-July, the 8th Circuit Court decided to review the ruling, involving all 18 judges on the court.[226] The court heard oral arguments on September 21.[227]
The U.S. Supreme Court declined to hear the case pending the 8th Circuit's decision.[228]
Montana[edit]
2022[edit]
Montana 1st Judicial District Court Judge Mike Menahan blocked a state law prohibiting anyone other than physicians and physician assistants from performing abortions on February 25. Menahan said the law “violates Montanans’ fundamental right to privacy and procreative autonomy, by arbitrarily limiting their choice of health care providers for abortion procedures based on the provider’s title – rather than the provider’s qualifications.”
Emilee Cantrell, press secretary for Attorney General Austin Knudsen (R), said, “Once again abortionists sued to lower the standard of care for Montana women in order to further their financial interests in performing as many abortions as possible. We will appeal the decision.” Caitlin Borgmann, executive director of the ACLU of Montana, said, “This ruling reaffirms that, here in Montana, we have a constitutional right to privacy, and that right to privacy encompasses the right to an abortion, and for no politician or law to be able to limit the intimate health care decisions of Montanans without a compelling reason.”[229]
2021[edit]
State appeals injunction against abortion laws[edit]
Montana Gov. Greg Gianforte (R) signed HB 0136 on April 26, set to take effect on October 1, banning abortion after 20 weeks of gestation, except when "necessary to prevent a serious health risk to the unborn child's mother."[230]
On August 16, Planned Parenthood of Montana filed a lawsuit in Yellowstone District Court seeking to have the law blocked.[231] On September 30, Judge Michael Moses issued a temporary restraining order blocking enforcement of the law, saying he needed more time to review the case.[232] On October 7, Moses issued a preliminary injunction blocking the law, effective for the remainder of the case.[233]
State Attorney General Austin Knudsen (R) appealed the injunction to the Montana Supreme Court.[234]
New Jersey[edit]
2022[edit]
Murphy signs Freedom of Reproductive Choice Act[edit]
On January 13, Gov. Phil Murphy (D) signed A6260, which says, in part, the state's policy is to "(1) explicitly guarantee, to every individual, the fundamental right to reproductive autonomy, which includes the right to contraception, the right to terminate a pregnancy, and the right to carry a pregnancy to term; (2) enable all qualified health care professionals to provide pregnancy termination services in the State; (3) advance comprehensive insurance coverage for reproductive care, including primary reproductive health care services, services to terminate a pregnancy, long-acting contraceptives, and long-term upplies of hormonal contraceptives, that enables the citizens of New Jersey to fully exercise their freedom of reproductive choice while recognizing the rights of certain religious employers to request an exemption from such coverage."
Murphy said, "With Roe v. Wade under attack, today’s historic legislation makes clear that New Jersey’s position in supporting the right to reproductive choice remains protected."[235]
State Assemblyman Jay Webber (R), who opposed the bill, said, "This bill and the rhetoric we’ve heard from the other side is: any abortion, at any time, for any reason, on any one, paid for by the taxpayer."[236]
ACLU-NJ Policy Director Sarah Fajardo said, "The bill takes the important step of affirming New Jerseyans’ legal protections for the right to an abortion and reproductive autonomy – but at a time when reproductive freedom is on the line, we need to guarantee that abortion is not just legal, but accessible. To meaningfully protect the right to abortion and ensure equitable access, we must go beyond the status quo and guarantee that abortion is affordable for all New Jerseyans, regardless of insurance access, immigration status, or income. "[237]
New York[edit]
2019[edit]
Cuomo signs Reproductive Health Act[edit]
On January 22, 2019, New York Gov. Andrew Cuomo (D) signed the Reproductive Health Act (RHA) into law.
The law stated that abortion in New York would be legal so long as one of the following conditions were met:
- The abortion occurred before the end of the 24th week of pregnancy.
- The abortion was necessary to protect the health of the mother.
- The fetus was unable to survive outside of the womb.
Prior to the RHA, a New York state law passed in 1970 provided for legal abortion if it occurred before the end of the 24th week of pregnancy or at any time if it were necessary to protect the life of the mother. The RHA expanded third-trimester exceptions to restrictions to include protecting the health of the mother (as determined by a healthcare provider) as well as cases in which the fetus was unable to survive outside the womb.
The law also removed abortion from the state's criminal code and allowed certain non-physicians, such as nurse practitioners and physician assistants, to provide abortions if they were certified and licensed by the state.
Cuomo spoke in support of the law, saying, "Our law says we're codifying Roe v. Wade, same language — life or health of the mother. Why is the Catholic Church and the extreme conservative Republicans upset? Because they want to roll back Roe v. Wade."
Jason McGuire, executive director of New Yorkers for Constitutional Freedoms, opposed the law, saying, "Contrary to the rhetoric of RHA advocates, abortion access does nothing to advance the rights of women. Rather, it invites both women and men to view unborn children — their own unborn children — as disposable objects."[238]
Ohio[edit]
2019[edit]
SB 23 temporarily blocked[edit]
Republican Gov. Mike DeWine signed SB23 into law on April 11, 2019. The law bans abortions after a doctor is able to detect a fetal heartbeat, which may begin six weeks into a pregnancy. The law includes exceptions if the life of the woman is at risk, but not in cases of incest or rape. It also mandates jail time and a $20,000 fine from the State Medical Board of Ohio for physicians who violate the law.[239] On July 3, 2019, a federal judge temporarily blocked enforcement of the law pending legal challenges.[240]
"The essential function of government is to protect the most vulnerable among us, those who don't have a voice," said DeWine when signing the bill. "Government's role should be to protect life from the beginning to the end."[241]
ACLU of Ohio legal director Freda Levenson said in a statement, "This legislation is blatantly unconstitutional and we will fight to the bitter end to ensure that this bill is permanently blocked."[242]
Oklahoma[edit]
2022[edit]
HB 4327 signed into law[edit]
On May 25, Oklahoma Gov. Kevin Stitt (R) signed HB4327 into law, which bans abortions after fertilization with exceptions for medical emergencies or cases of rape or incest reported to law enforcement. The bill supersedes earlier restrictions, like SB 1503.[243][244] “I said on the campaign trail that I would sign every piece of pro-life legislation that hit my desk, and fulfilling that promise, I don’t know why anybody would expect me not to sign it. We don’t believe in abortion in Oklahoma. We don’t want it in our state," Stitt said.
On May 26, the Center for Reproductive Rights expanded their U.S. Supreme Court challenge of SB 1503 to include HB 4327. Rabia Muqaddam, an attorney for the Center for Reproductive Rights, said, “House Bill 4327 has ended abortion care in Oklahoma, sending thousands of people into chaos. Certainly the providers who offer abortion services in Oklahoma are devastated, as are their patients.”[245][246]
SB 1503 signed into law[edit]
On May 3, Gov. Stitt signed 1503, a bill prohibiting abortions after a physician can detect cardiac activity, into law. The bill exempts medical emergencies but does not provide exceptions for rape or incest. It took effect immediately after receiving Stitt's signature.[247]
"I am proud to sign SB 1503, the Oklahoma Heartbeat Act into law. I want Oklahoma to be the most pro-life state in the country because I represent all four million Oklahomans who overwhelmingly want to protect the unborn," Stitt said.
Organizations including Planned Parenthood, the Center for Reproductive Rights, and the Tulsa Women's Reproductive Clinic filed a request with the Oklahoma Supreme Court to stop the bill from taking effect, but the court denied the request on May 3.[248] However, the court agreed to hear arguments at a later time. Alexis McGill Johnson, president and CEO of Planned Parenthood Federation of America, said, “This moment is dark. Last night, our fears about the fate of abortion rights at the US Supreme Court were confirmed — and today, Oklahomans are faced with an immediate loss of abortion access."[249]
SB 612 signed into law[edit]
On April 12, Gov. Stitt signed SB 612 into law. The bill prohibits all abortions except in cases where the procedure is necessary to save the life of the mother. Performing abortions under any other circumstances is a felony punishable by up to 10 years in prison and a $100,000 fine. There are no exceptions for rape or incest. The bill takes effect 90 days after the state legislature adjourns.[250] "We want to outlaw abortion in the state of Oklahoma. I promised Oklahomans that I would sign every pro-life bill that hits my desk, and that's what we're doing here today," Stitt said.
Abortion rights advocates say they plan to challenge the bill in court. Nancy Northup, president and CEO of Center for Reproductive Rights, said, "We've sued the state of Oklahoma ten times in the last decade to protect abortion access and we will challenge this law as well to stop this travesty from ever taking effect."[251]
2021[edit]
Oklahoma County District Court enjoins two abortion laws[edit]
Oklahoma Gov. Kevin Stitt (R) signed two abortion bills into law on April 26 that prohibited abortions with certain exceptions.[252] The Oklahoma County District Court enjoined both laws in October 2021. The laws were set to take effect November 1.[253]
HB 1102 would have suspended a medical license for at least one year for any provider who performed an abortion unless it was "necessary to prevent the death of the mother or to prevent substantial or irreversible physical impairment of the mother that substantially increases the risk of death."
HB 2441 would have prohibited abortion if a fetal heartbeat was detected, except "to avert [the pregnant woman's] death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions."
South Carolina[edit]
2022[edit]
Appeals court upholds lower court's decision[edit]
On February 22, 2022, the U.S. Court of Appeals for the Fourth Circuit upheld the lower court's decision to block the 2021 bill.[254] In March, McMaster asked the entire Fourth Circuit Court of Appeals to review the injunction. “We’ve said we will take this case all the way to the United States Supreme Court, and that’s exactly what we’re going to do if we have to,” McMaster said.[255]
2021[edit]
Gov. McMaster signs restriction bill, judge blocks it next day[edit]
On February 18, 2021, South Carolina Gov. Henry McMaster (R) signed a bill banning abortion once a fetal heartbeat is detected, with exceptions in the case of rape or incest up to 20 weeks post-fertilization, for certain fetal anomalies, and for certain medical emergencies.[82]
Planned Parenthood and The Center for Reproductive Rights filed a lawsuit the same day. The suit said the law "is in flagrant violation of nearly five decades of settled Supreme Court precedent."[82]
Federal Judge Mary Geiger Lewis granted a 14-day restraining order on February 19. According to WLTX, she said she would renew the order after 14 days and would decide on whether to issue a preliminary injunction.[256] Lewis issued a preliminary injunction on March 19, 2021. The move prevented the law from taking effect until after the lawsuit was resolved.[257] The state appealed the injunction on April 2, 2021.[258]
South Carolina Attorney General Alan Wilson (R) said that his office “will vigorously defend this law in court because there is nothing more important than protecting life.”[82]
The United States Court of Appeals for the Fourth Circuit tentatively scheduled a hearing for December 6, 2021.[259] The hearing date was moved to late January 2022.[260]
Tennessee[edit]
2022[edit]
Tennessee Governor Bill Lee (R) signed HB 2416, a bill prohibiting the delivery of abortion pills by mail, on May 5. The bill requires a doctor to be physically present when administering abortion pills. Violations of the law are considered a Class E felony and punishable by up to a $50,000 fine. The bill will go into effect Januar 1, 2023.[261][262]
2020[edit]
Gov. Lee signs restriction bill, judge blocks it same day[edit]
On July 13, 2020, District Judge William Campbell issued a temporary restraining order against enforcing H.B. 2263, which would make it a Class C felony to perform or attempt to perform an abortion if a fetal heartbeat was detected or in certain other circumstances, such as if the abortion was sought because of the sex or race of the fetus. Tennessee Gov. Bill Lee (R) signed the bill into law earlier that day. On July 24, Campbell granted a preliminary injunction.[263] The state filed an appeal to reverse the preliminary injunction.[264]
Lee said when signing the bill, "It's our responsibility to protect the most vulnerable in our community. ... With the signature of this bill, Tennessee is one of the most pro-life states in America."
Jessica Sklarsky, senior staff attorney at the Center for Reproductive Rights, said, "Abortion is an essential health service, and this law clearly violates the constitutional rights of patients and disproportionately harms communities of color."[265]
The U.S. Court of Appeals for the Sixth Circuit heard arguments in the case on April 29, 2021.[266] In September, a three-judge panel upheld the lower court's decision.[267] On December 1, the Sixth Circuit court said it would rehear the case before the full court.[268]
Texas[edit]
2021[edit]
U.S. Supreme Court sends abortion case back to lower court[edit]
On October 22, 2021, the U.S. Supreme Court agreed to expedite review of the Texas abortion law that went into effect September 1. The court heard arguments on November 1.[269] On December 10, the court decided not to block the law. On December 16th, Justice Neil Gorsuch sent the case to the 5th U.S. Circuit Court of Appeals.[270] The 5th Circuit court said on January 17, 2022, that it was sending the case to the Texas Supreme Court.[271]
On September 1, 2021, Senate Bill 8 went into effect, prohibiting abortions if a fetal heartbeat is detected except in cases of medical emergency. The bill also states that anyone aside from government officials may bring a civil suit against a person who performs an abortion if a fetal heartbeat is detected or who "knowingly engages in conduct that aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise, if the abortion is performed or induced in violation of this chapter." Gov. Greg Abbott (R) signed Senate Bill 8 on May 19, 2021.[272]
Supreme Court challenges[edit]
On August 30, several groups filed an emergency request asking the U.S. Supreme Court to block the law.[273] On September 1, the court denied the emergency request in a 5-4 ruling.[274] The majority opinion stated the following:
| “ |
The applicants now before us have raised serious questions regarding the constitutionality of the Texas law at issue. But their application also presents complex and novel antecedent procedural questions on which they have not carried their burden. ... In reaching this conclusion, we stress that we do not purport to resolve definitively any jurisdictional or substantive claim in the applicants’ lawsuit. In particular, this order is not based on any conclusion about the constitutionality of Texas’s law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts.[199] |
” |
On September 9, the U.S. Department of Justice filed a lawsuit in the United States District Court for the Western District of Texas seeking to block enforcement of S.B. 8. The lawsuit stated the following:
| “ |
The United States has the authority and responsibility to ensure that Texas cannot evade its obligations under the Constitution and deprive individuals of their constitutional rights by adopting a statutory scheme designed specifically to evade traditional mechanisms of federal judicial review. The federal government therefore brings this suit directly against the State of Texas to obtain a declaration that S.B. 8 is invalid, to enjoin its enforcement, and to protect the rights that Texas has violated.[199] |
” |
On September 14, the Justice Department filed an emergency motion asking the court to block Texas from enforcing the law.[275] And on September 23, a group of abortion providers requested that the U.S. Supreme Court review the case, presenting the question of "whether a State can insulate from federal-court review a law that prohibits the exercise of a constitutional right by delegating to the general public the authority to enforce that prohibition through civil actions."[276]
On December 10, the Supreme Court ruled, in two separate rulings, that 1) the federal government did not have standing to sue to block the Texas law in federal court, and 2) abortion providers could sue certain Texas executive officials in federal court to prevent them from enforcing provisions of S.B. 8 against abortion providers. The Supreme Court sent the case back to lower courts for further review.[277]
Click below to learn more about the two cases the U.S. Supreme Court heard in its October 2021 term related to Texas' abortion law:
Lower court challenges[edit]
On July 13, groups including the Center for Reproductive Rights, Whole Woman's Health, and Planned Parenthood Center for Choice filed a lawsuit requesting that the United States District Court for the Western District of Texas block enforcement of the law. The lawsuit said the law's enforcement scheme was designed so that abortion providers "could not sue government officials for an injunction to block the law before it takes effect."[278]
On August 27, the 5th U.S. Circuit Court of Appeals canceled a hearing scheduled for August 30 in the district court. Planned Parenthood Center for Choice, Whole Woman’s Health Alliance, and other groups filed emergency motions trying to get the bill temporarily blocked on August 28, and the court denied those motions on August 29.[279]
The Hill's John Kruzel wrote that the case "is pending before the U.S. Court of Appeals for the 5th Circuit, which despite expediting the proceedings, will not hear the matter until December at the earliest."[280]
On October 6, 2021, U.S. District Judge Robert Pitman of the United States District Court for the Western District of Texas temporarily blocked Texas' Senate Bill 8 in response to an emergency motion filed by the U.S. Department of Justice. The state appealed the temporary block in the United States Court of Appeals for the Fifth Circuit, which temporarily stayed the injunction on October 8, allowing the law to go back into effect.[281] The Fifth Circuit affirmed the stay of that injunction on October 14, 2021.[282]
On November 10, retired state magistrate judge David Peeples heard arguments in more than 12 consolidated lawsuits against the aboriton law.[283] On December 9, Peeples ruled that the law was unconstitutional due to an "unlawful delegation of enforcement power to a private person."[284] The Texas Tribune wrote, "Although Thursday’s ruling is a win for abortion rights advocates, the order only has direct consequences for the 14 lawsuits in the case that the judge oversaw. The judge did not issue an injunction to block cases from being filed, though experts say it would likely be used as precedent in those cases."[285]
Statements and commentary on 2019 legislation[edit]
After a number of states passed laws related to abortion in early 2019, political commentators and elected officials discussed the reasoning for it.
Statements from elected officials[edit]
Below is a sampling of statements from lawmakers involved in passing legislation related to abortion in 2019.
- Alabama Gov. Kay Ivey (R) said after signing a bill banning most abortions in the state, "No matter one’s personal view on abortion, we can all recognize that, at least for the short term, this bill may similarly be unenforceable. ... As citizens of this great country, we must always respect the authority of the U.S. Supreme Court even when we disagree with their decisions. Many Americans, myself included, disagreed when Roe v. Wade was handed down in 1973. The sponsors of this bill believe that it is time, once again, for the U.S. Supreme Court to revisit this important matter, and they believe this act may bring about the best opportunity for this to occur."[286]
- New York State Senate Majority Leader Andrea Stewart-Cousins (D) said related to New York's bill stating abortion was legal in the state up until the 24th week of pregnancy and after that if the fetus was not viable or the mother's life or health was threatened: "That moment where they actually, on a national level, might reverse women’s rights, is here. ... Today, here in New York, we are saying no."[287]
Media commentary[edit]
- Sabrina Tavernise, a journalist for the New York Times, said, "States across the country are passing some of the most restrictive abortion legislation in decades, deepening the growing divide between liberal and conservative states and setting up momentous court battles that could profoundly reshape abortion access in America...The national race to pass new legislation began last fall, after President Trump chose Brett M. Kavanaugh to replace Justice Anthony M. Kennedy on the Supreme Court, adding what some predicted would be a fifth vote to uphold new limits on abortion. Red states rushed to pass more restrictions and blue states to pass protections."[288]
- David French, a writer for the National Review, said, "We are witnessing the beginnings of an anti-abortion legislative revolution in Red America. Two generations of pro-life activism, persuasion, and argument have yielded pro-life supermajorities in state houses across much of the South and Midwest, and they recognize the fact that we have reached a moment of legal possibility we may never attain again — perhaps not for generations. It is possible (maybe not likely, but possible) that the Supreme Court could overrule Roe v. Wade, and these legislatures have chosen to go for broke."[289]
Abortion ballot measures[edit]
2024 ballot measures[edit]
- See also: 2024 ballot measures
For 2024, 159 statewide ballot measures were certified for the ballot in 41 states.
- On November 5, voters in 41 states decided on 146 statewide ballot measures.
- On December 7, voters in Louisiana will decide on four constitutional amendments.
- Earlier in 2024, voters in five states decided on nine ballot measures. Voters approved five and rejected four of these measures.
A list of potential measures that could be on the ballot in 2024 can be read here.
History of abortion ballot measures[edit]
- 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 November 2023, 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[edit]
1970s[edit]
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[edit]
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[edit]
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[edit]
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[edit]
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[edit]
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.[290]
- 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."[291]
- 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.[292]
- 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.[291] 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.[293]
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."[294] 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."[295]
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]."[296] 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).’"[297]
Timeline[edit]
The following graph shows the number of abortion-related ballot measures per year since 1970:
Background[edit]
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.[298][299] By the 1880s, all states had laws criminalizing abortions.[300] In 1970, four states (Alaska, Hawaii, New York, and Washington) became the first to repeal bans on abortion after viability.[298]
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.[301]
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.[302]
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."[303] Unlike in Roe, the court permitted states to regulate abortion during the first trimester if the regulations did not create an undue burden.[304]
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[edit]
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."[305]
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.[306]
See also[edit]
- Dobbs v. Jackson Women’s Health Organization
- Healthcare policy in the United States
- History of abortion ballot measures
- Abortion on the ballot
- Federal policy on abortion, 2017-2020
Footnotes[edit]
- ↑ The New York Times, "‘The Time Is Now’: States Are Rushing to Restrict Abortion, or to Protect It," May 15, 2019
- ↑ ‘’Associated Press’’, “Abortion is still consuming US politics and courts 2 years after a Supreme Court draft was leaked,” May 2, 2024
- ↑ Guttmacher Institute, "State Bans on Abortion Throughout Pregnancy," accessed November 25, 2022
- ↑ Note: Exceptions to these thresholds are generally provided when pregnancy threatens the mother's life or health.
- ↑ The Fuller Project, "How major abortion laws compare, state by state," accessed December 4, 2022
- ↑ 6.0 6.1 Kaiser Family Foundation, "States with Gestational Limits for Abortion," August 1, 2020
- ↑ Guttmacher Institute, "State Bans on Abortion Throughout Pregnancy," September 1, 2021
- ↑ Supreme Court of the United States, Roe v. Wade, January 22, 1973
- ↑ 9.0 9.1 Guttmacher Institute, "The Implications of Defining When a Woman Is Pregnant," May 9, 2005
- ↑ Click here for more on the April 9, 2024, Arizona Supreme Court ruling on the enforcement of the 1864 statute
- ↑ 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.
- ↑ 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.
- ↑ South Central Judicial District, "Order on Defendent's Motion for Summary Judgement," accessed September 13, 2024
- ↑ WDay Radio Now, "WRIGLEY: State will appeal District Court decision to overturn abortion ban," September 12, 2024
- ↑ Catholic News Agency, "North Dakota judge strikes down state’s abortion restrictions," September 12, 2024
- ↑ The New York Times, "Iowa Supreme Court Allows Six-Week Abortion Ban to Take Effect," June 28, 2024
- ↑ American Civil Liberties Union, "IOWA COURT TEMPORARILY BLOCKS SIX-WEEK ABORTION BAN," July 17, 2023
- ↑ CNN, "Iowa Supreme Court upholds state’s 6-week abortion ban," June 28, 2024
- ↑ The Washington Post, "Supreme Court officially allows emergency abortions in Idaho, for now," June 27, 2024
- ↑ NBC News, "Arizona Supreme Court pushes back enforcement date for 1864 abortion ban," May 13, 2024
- ↑ AZ Mirror, "Enforcement of 1864 abortion ban delayed until late September," May 13, 2024
- ↑ Office of the Governor Katie Hobbs, "Governor Katie Hobbs Signs Bill into Law Officially Repealing 1864 Abortion Ban," May 2, 2024
- ↑ Associated Press, "Arizona’s Democratic governor signs a bill to repeal 1864 ban on most abortions," May 2, 2024
- ↑ AZ Mirror, "The AZ Senate has repealed the 1864 abortion ban, after 2 Republicans join Dems," May 1, 2024
- ↑ AZ Mirror, "The 1864 abortion law is officially repealed, but when it takes effect remains uncertain," May 2, 2024
- ↑ Florida Governor Ron DeSantis, "Governor Ron DeSantis Signs Heartbeat Protection Act," April 13, 2023
- ↑ Health News Florida, "DeSantis signs 6-week abortion ban into law hours after House passage," April 14, 2023
- ↑ NBS News, "Florida Supreme Court allows 6-week abortion ban to take effect, but voters will have the final say," April 1, 2024
- ↑ National Review, "Florida’s Supreme Court Upholds State Abortion Limits, Paving Way for Six-Week Ban," April 1, 2024
- ↑ Associated Press, "What to know about abortion in Arizona under the near-total 1864 ban," April 10, 2024
- ↑ 31.0 31.1 31.2 31.3 The New York Times, "Arizona Reinstates 160-Year-Old Abortion Ban," April 10, 2024
- ↑ NBC News, "Chaos and confusion ensue at abortion clinics after Arizona court rules 1864 ban is enforceable," April 10, 2024
- ↑ NBS News, "Florida Supreme Court allows 6-week abortion ban to take effect, but voters will have the final say," April 1, 2024
- ↑ National Review, "Florida’s Supreme Court Upholds State Abortion Limits, Paving Way for Six-Week Ban," April 1, 2024
- ↑ Associated Press, "The Supreme Court is allowing Idaho to enforce its strict abortion ban, even in medical emergencies," January 5, 2024
- ↑ Idaho Capital Sun, "Federal judge orders temporary restraining order on Idaho’s ‘abortion trafficking’ law," November 9, 2023
- ↑ Associated Press, "Kansas can’t enforce new law on abortion pills or make patients wait 24 hours, judge rules," October 30, 2024
- ↑ The Associated Press, "Judge blocks 2 provisions in North Carolina’s new abortion law; 12-week near-ban remains in place," September 30, 2023
- ↑ 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
- ↑ USA Today, "Indiana abortion ban takes effect after state Supreme Court denies rehearing," August 21, 2023
- ↑ Associated Press, "Iowa Supreme Court declines to reinstate strict abortion limits, but a new law could be coming," June 15, 2023
- ↑ Catholic News Agency, "State judge blocks South Carolina’s 6-week abortion ban," May 30, 2023
- ↑ CNN, "South Carolina governor signs 6-week abortion bill into law," May 25, 2023
- ↑ National Review, "South Carolina Legislature Passes Six-Week Abortion Ban," May 23, 2023
- ↑ Associated Press, "Nebraska governor signs 12-week abortion ban, limits on gender-affirming care for minors," May 22, 2023
- ↑ Associated Press, "Abortion after 12 weeks banned in North Carolina after GOP lawmakers override governor’s veto," May 20, 2023
- ↑ LegiScan, "North Carolina Senate Bill 20," accessed May 19, 2023
- ↑ CNN, "North Carolina Democratic governor vetoes abortion ban, setting up likely override vote," May 13, 2023
- ↑ Associated Press, "North Dakota governor signs law banning nearly all abortions," April 25, 2023
- ↑ National Review, "North Dakota Governor Signs Law Banning Almost All Abortions," April 24, 2023
- ↑ 2023 Florida Legislature, "SB 300," accessed April 13, 2023
- ↑ CNN, "Florida Gov. DeSantis signs 6-week abortion ban," April 14, 2023
- ↑ Axios, "DeSantis signs Florida's 6-week abortion ban into law," April 13, 2023
- ↑ 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]
- ↑ The Hill, "North Dakota Supreme Court upholds ruling temporarily blocking abortion ban," March 17, 2023
- ↑ Courthouse News Service, "Minnesota enshrines abortion rights into law," January 31, 2023
- ↑ 57.0 57.1 57.2 57.3 Minnesota Legislature, "Office of the Revisor of Statutes," accessed February 2, 2023
- ↑ Axios, "South Carolina Supreme Court strikes down state's 6-week abortion ban," accessed January 6, 2023
- ↑ NPR, "Georgia's highest court reinstates ban on abortions after 6 weeks," November 23, 2022
- ↑ NPR, "Judge overturns Georgia's ban on abortion around 6 weeks," November 15, 2022
- ↑ Politico, "Arizona appeals court reinstates injunction blocking abortion ban," October 7, 2022
- ↑ Cincinnati Enquirer, "Ohio judge extends order blocking six-week abortion ban through Oct. 12," September 27, 2022
- ↑ 63.0 63.1 63.2 63.3 The Guardian, "Nearly all abortions become illegal in Arizona," September 24, 2022
- ↑ Politico, "West Virginia Gov. Jim Justice signs abortion ban into law," September 16, 2022
- ↑ NPR, "A judge temporarily blocks an Ohio law banning most abortions," September 14, 2022
- ↑ CNN, "North Dakota judge blocks abortion trigger ban day before it goes into effect," August 25, 2022
- ↑ North Dakota Legislature, "HOUSE BILL NO. 1466," accessed September 5, 2022
- ↑ LegiScan, "TN SB1257," accessed September 5, 2022
- ↑ JD Supra, "Idaho Abortion Laws: New Law and EMTALA Exception Now Effective, " August 30, 2022
- ↑ Courier-Journal, "Clinics ask Supreme Court to halt appeals court order blocking abortion in Kentucky," August 2, 2022
- ↑ Politico, "Indiana Legislature first to approve abortion bans post Roe," accessed August 6, 2022
- ↑ Courier-Journal, "Abortions in Kentucky still legal after judge blocks state laws while case goes through court," July 22, 2022
- ↑ WALB News, "Georgia abortion law takes effect immediately | Federal court lifts injunction," July 20, 2022
- ↑ Axios, "Supreme Court lets Indiana's parental consent abortion law take effect," July 18, 2022
- ↑ Associated Press, "Ruling clears Louisiana to enforce near-total abortion ban," July 8, 2022
- ↑ Politico, "Florida's abortion law can move forward after state issues appeal," July 5, 2022
- ↑ Texas Tribune, "Texas can enforce 1925 abortion ban, state Supreme Court says," July 2, 2022
- ↑ CNN, "DeSantis signs Florida's 15-week abortion ban into law," April 14, 2022
- ↑ 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
- ↑ The Hill, "Utah judge grants temporary block of state’s abortion ban," June 27, 2022
- ↑ KSL News Radio, "Different abortion law now in effect in Utah," June 28, 2022
- ↑ 82.0 82.1 82.2 82.3 82.4 Associated Press, "SC governor signs abortion ban; Planned Parenthood sues," February 18, 2021
- ↑ Live 5 WCSC, "Federal Appeals Court upholds ban of SC six-week abortion ban," February 22, 2022
- ↑ 84.0 84.1 CBS News, "Federal court rules South Carolina abortion law can go into effect," June 27, 2022
- ↑ Mississippi Free Press, "Mississippi AG Certifies Trigger Law, Criminalizing Most Abortions By July 7," June 27, 2022
- ↑ BBC, "Judge blocks Louisiana's abortion 'trigger law'," June 28, 2022
- ↑ Supreme Court of the United States, "Dobbs v. Jackson Women’s Health Organization," accessed June 24, 2022
- ↑ CNBC, "Several U.S. states immediately ban abortion after Supreme Court overturns Roe v. Wade," June 24, 2022
- ↑ 89.0 89.1 89.2 89.3 CBS News, "Alabama governor signs near-total abortion ban," May 15, 2019
- ↑ KARK, "Arkansas AG Leslie Rutledge certifies trigger law banning abortion in the state," June 24, 2022
- ↑ Louisville Courier-Journal, "Abortion ends in Kentucky as Supreme Court strikes down Roe v. Wade due to trigger law," June 24, 2022
- ↑ Lafayette Daily Advertiser, "Louisiana Governor John Bel Edwards signs abortion ban with no exceptions for rape, incest," June 21, 2022
- ↑ Lafayette Daily Advertiser, "Abortion in Louisiana is illegal immediately after Supreme Court ruling: Here's what it means," June 24, 2022
- ↑ FOX 2 Now, "Missouri trigger law bans most abortions," June 24, 2022
- ↑ Missouri Independent, "Abortion is now illegal in Missouri in wake of U.S. Supreme Court ruling," June 24, 2022
- ↑ Politico, "A guide to post-Roe Massachusetts," June 27, 2022
- ↑ Fox 8, "DeWine signs executive order allowing Heartbeat Bill to become law," June 24, 2022
- ↑ Utah State Legislature, "SB174," accessed July 3, 2022
- ↑ FOX 13 Now, "Elective abortion now illegal in Utah," June 24, 2022
- ↑ Salt Lake Tribune, "Utah’s abortion trigger law is now in effect after Supreme Court overrules Roe v. Wade," June 24, 2022
- ↑ NBC News, "Wisconsin gov. vows to grant clemency to doctors charged under state abortion ban," June 27, 2022
- ↑ CNBC, "Several U.S. states immediately ban abortion after Supreme Court overturns Roe v. Wade," June 24, 2022
- ↑ NBC News, "Arizona Supreme Court pushes back enforcement date for 1864 abortion ban," May 13, 2024
- ↑ AZ Mirror, "Enforcement of 1864 abortion ban delayed until late September," May 13, 2024
- ↑ Office of the Governor Katie Hobbs, "Governor Katie Hobbs Signs Bill into Law Officially Repealing 1864 Abortion Ban," May 2, 2024
- ↑ Associated Press, "Arizona’s Democratic governor signs a bill to repeal 1864 ban on most abortions," May 2, 2024
- ↑ [2024/05/01/the-az-senate-has-repealed-the-1864-abortion-ban-after-2-republicans-join-dems/ AZ Mirror, "The AZ Senate has repealed the 1864 abortion ban, after 2 Republicans join Dems," May 1, 2024]
- ↑ AZ Mirror, "The 1864 abortion law is officially repealed, but when it takes effect remains uncertain," May 2, 2024
- ↑ Associated Press, "What to know about abortion in Arizona under the near-total 1864 ban," April 10, 2024
- ↑ NBC News, "Chaos and confusion ensue at abortion clinics after Arizona court rules 1864 ban is enforceable," April 10, 2024
- ↑ Politico, "Arizona appeals court reinstates injunction blocking abortion ban," October 7, 2022
- ↑ KARK, "Arkansas AG Leslie Rutledge certifies trigger law banning abortion in the state," June 24, 2022
- ↑ Florida Governor Ron DeSantis, "Governor Ron DeSantis Signs Heartbeat Protection Act," April 13, 2023
- ↑ Health News Florida, "DeSantis signs 6-week abortion ban into law hours after House passage," April 14, 2023
- ↑ NBS News, "Florida Supreme Court allows 6-week abortion ban to take effect, but voters will have the final say," April 1, 2024
- ↑ National Review, "Florida’s Supreme Court Upholds State Abortion Limits, Paving Way for Six-Week Ban," April 1, 2024
- ↑ 2023 Florida Legislature, "SB 300," accessed April 13, 2023
- ↑ CNN, "Florida Gov. DeSantis signs 6-week abortion ban," April 14, 2023
- ↑ Axios, "DeSantis signs Florida's 6-week abortion ban into law," April 13, 2023
- ↑ Politico, "Florida's abortion law can move forward after state issues appeal," July 5, 2022
- ↑ CNN, "DeSantis signs Florida's 15-week abortion ban into law," April 14, 2022
- ↑ NPR, "Georgia's highest court reinstates ban on abortions after 6 weeks," November 23, 2022
- ↑ NPR, "Judge overturns Georgia's ban on abortion around 6 weeks," November 15, 2022
- ↑ WALB News, "Georgia abortion law takes effect immediately | Federal court lifts injunction," July 20, 2022
- ↑ The Washington Post, "Supreme Court officially allows emergency abortions in Idaho, for now," June 27, 2024
- ↑ JD Supra, "Idaho Abortion Laws: New Law and EMTALA Exception Now Effective, " August 30, 2022
- ↑ Politico, "Indiana Legislature first to approve abortion bans post Roe," accessed August 6, 2022
- ↑ Axios, "Supreme Court lets Indiana's parental consent abortion law take effect," July 18, 2022
- ↑ The New York Times, "Iowa Supreme Court Allows Six-Week Abortion Ban to Take Effect," June 28, 2024
- ↑ American Civil Liberties Union, "IOWA COURT TEMPORARILY BLOCKS SIX-WEEK ABORTION BAN," July 17, 2023
- ↑ CNN, "Iowa Supreme Court upholds state’s 6-week abortion ban," June 28, 2024
- ↑ Courier-Journal, "Clinics ask Supreme Court to halt appeals court order blocking abortion in Kentucky," August 2, 2022
- ↑ Courier-Journal, "Abortions in Kentucky still legal after judge blocks state laws while case goes through court," July 22, 2022
- ↑ Louisville Courier-Journal, "Abortion ends in Kentucky as Supreme Court strikes down Roe v. Wade due to trigger law," June 24, 2022
- ↑ Associated Press, "Ruling clears Louisiana to enforce near-total abortion ban," July 8, 2022
- ↑ BBC, "Judge blocks Louisiana's abortion 'trigger law'," June 28, 2022
- ↑ Lafayette Daily Advertiser, "Louisiana Governor John Bel Edwards signs abortion ban with no exceptions for rape, incest," June 21, 2022
- ↑ Lafayette Daily Advertiser, "Abortion in Louisiana is illegal immediately after Supreme Court ruling: Here's what it means," June 24, 2022
- ↑ Courthouse News Service, "Minnesota enshrines abortion rights into law," January 31, 2023
- ↑ Mississippi Free Press, "Mississippi AG Certifies Trigger Law, Criminalizing Most Abortions By July 7," June 27, 2022
- ↑ Supreme Court of the United States, "Dobbs v. Jackson Women’s Health Organization," accessed June 24, 2022
- ↑ Missouri Independent, "Abortion is now illegal in Missouri in wake of U.S. Supreme Court ruling," June 24, 2022
- ↑ Associated Press, "Abortion after 12 weeks banned in North Carolina after GOP lawmakers override governor’s veto," May 20, 2023
- ↑ LegiScan, "North Carolina Senate Bill 20," accessed May 19, 2023
- ↑ CNN, "North Carolina Democratic governor vetoes abortion ban, setting up likely override vote," May 13, 2023
- ↑ South Central Judicial District, "Order on Defendent's Motion for Summary Judgement," accessed September 13, 2024
- ↑ WDay Radio Now, "WRIGLEY: State will appeal District Court decision to overturn abortion ban," September 12, 2024
- ↑ Catholic News Agency, "North Dakota judge strikes down state’s abortion restrictions," September 12, 2024
- ↑ Associated Press, "North Dakota governor signs law banning nearly all abortions," April 25, 2023
- ↑ National Review, "North Dakota Governor Signs Law Banning Almost All Abortions," April 24, 2023
- ↑ 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]
- ↑ The Hill, "North Dakota Supreme Court upholds ruling temporarily blocking abortion ban," March 17, 2023
- ↑ CNN, "North Dakota judge blocks abortion trigger ban day before it goes into effect," August 25, 2022
- ↑ North Dakota Legislature, "HOUSE BILL NO. 1466," accessed September 5, 2022
- ↑ Ohio Capital Journal, "Abortion ban blocked indefinitely by Hamilton County judge," October 10, 2022
- ↑ Cincinnati Enquirer, "Ohio judge extends order blocking six-week abortion ban through Oct. 12," September 27, 2022
- ↑ NPR, "A judge temporarily blocks an Ohio law banning most abortions," September 14, 2022
- ↑ Fox 8, "DeWine signs executive order allowing Heartbeat Bill to become law," June 24, 2022
- ↑ Catholic News Agency, "State judge blocks South Carolina’s 6-week abortion ban," May 30, 2023
- ↑ CNN, "South Carolina governor signs 6-week abortion bill into law," May 25, 2023
- ↑ National Review, "South Carolina Legislature Passes Six-Week Abortion Ban," May 23, 2023
- ↑ Axios, "South Carolina Supreme Court strikes down state's 6-week abortion ban," accessed January 6, 2023
- ↑ Live 5 WCSC, "Federal Appeals Court upholds ban of SC six-week abortion ban," February 22, 2022
- ↑ LegiScan, "TN SB1257," accessed September 5, 2022
- ↑ Texas Tribune, "Texas can enforce 1925 abortion ban, state Supreme Court says," July 2, 2022
- ↑ 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
- ↑ The Hill, "Utah judge grants temporary block of state’s abortion ban," June 27, 2022
- ↑ KSL News Radio, "Different abortion law now in effect in Utah," June 28, 2022
- ↑ Utah State Legislature, "SB174," accessed July 3, 2022
- ↑ FOX 13 Now, "Elective abortion now illegal in Utah," June 24, 2022
- ↑ Salt Lake Tribune, "Utah’s abortion trigger law is now in effect after Supreme Court overrules Roe v. Wade," June 24, 2022
- ↑ Politico, "West Virginia Gov. Jim Justice signs abortion ban into law," September 16, 2022
- ↑ NBC News, "Wisconsin gov. vows to grant clemency to doctors charged under state abortion ban," June 27, 2022
- ↑ U.S. News and World Report, "The States Likely to Ban Abortion if Roe v. Wade Is Overturned," December 10, 2021
- ↑ NPR, "'Trigger laws' are abortion bans ready to go if 'Roe v. Wade' is overturned," December 6, 2021
- ↑ Axios, "What abortion access would look like if Roe v. Wade is overturned," December 1, 2021
- ↑ Politifact, "What would state laws look like in a post-Roe world?" May 3, 2022
- ↑ Guttmacher Institute, "About," accessed December 8, 2021
- ↑ National Right to Life Committee, "About NRLC," accessed May 13, 2022
- ↑ In some states, restrictions became immediately enforceable following the Dobbs decision, while in others, laws were written to take effect at a later date.
- ↑ The New York Times, "Alabama Abortion Ban Is Temporarily Blocked by a Federal Judge," October 29, 2019
- ↑ CNN, "Alabama governor signs nation's most restrictive anti-abortion bill into law," May 15, 2019
- ↑ Courthouse News, "Eleventh Circuit Begrudgingly Allows Alabama Abortions," August 23, 2018
- ↑ Daily Report, "11th Circuit Abortion Ruling Ramps Up Lower Court Attacks on 'Roe v. Wade,'" August 24, 2018
- ↑ Jurist, "US federal judge blocks Arkansas state-wide ban on abortions," July 22, 2021
- ↑ Associated Press, "Arkansas governor signs near-total abortion ban into law," March 10, 2021
- ↑ Arkansas Times, "Expected lawsuit challenges Arkansas abortion ban," May 26, 2021
- ↑ CNN, "DeSantis signs Florida's 15-week abortion ban into law," April 14, 2022
- ↑ Florida Politics, "Abortion rights groups challenge Florida’s 15-week ban," June 1, 2022
- ↑ CNN, "Judges block six-week abortion bans in Georgia and Tennessee," July 13, 2020
- ↑ Associated Press, "Georgia abortion law to be argued in federal appeals court," September 24, 2021
- ↑ Bloomberg Law, "Georgia’s Six-Week Abortion Law Ruling Delayed by 11th Circuit," September 28, 2021
- ↑ CBS News, "Abortions after six weeks will now be illegal in Georgia," May 7, 2019
- ↑ 194.0 194.1 CNN, "Georgia's governor signs a controversial abortion bill into law," May 7, 2019
- ↑ USA Today, "Iowa 'fetal heartbeat' abortion restriction declared unconstitutional," January 23, 2019
- ↑ CNN, "Iowa lawmakers pass the nation's most restrictive abortion ban -- as soon as a fetal heartbeat is detected," May 3, 2018
- ↑ Reuters, "Iowa passes 'fetal heartbeat' abortion ban, most restrictive in U.S." May 2, 2018
- ↑ Office of the Governor of Iowa Kim Reynolds, "Gov. Reynolds releases statement after signing heartbeat bill," accessed May 7, 2018
- ↑ 199.0 199.1 199.2 199.3 199.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ NPR, "Iowa Bans Most Abortions As Governor Signs 'Heartbeat' Bill," May 5, 2018
- ↑ Twitter, "Planned Parenthood on May 4, 2018," accessed May 7, 2018
- ↑ 202.0 202.1 Los Angeles Times, "Federal judge temporarily blocks Kentucky abortion ban." April 21, 2022
- ↑ Kentucky General Assembly, "House Bill 3," accessed April 24, 2022
- ↑ Kentucky New Era, "Louisiana's Democratic governor signs abortion ban into law," March 30, 2019
- ↑ Courthouse News Service, "Fifth Circuit Strikes Down Mississippi’s 6-Week Abortion Ban," February 20, 2020
- ↑ The New York Times, "Supreme Court Blocks Louisiana Abortion Law," February 7, 2019
- ↑ Fox News, "Roberts joins Supreme Court's liberal wing in blocking Louisiana abortion law," February 7, 2019
- ↑ Supreme Court of the United States, "June Medical Services, L.L.C. v. Gee: On Application for Stay," February 7, 2019
- ↑ 209.0 209.1 Gambit, "15-week abortion ban heads to governor, other abortion bills pass House," May 16, 2018
- ↑ Office of the Governor, "NOTICE: Bills Signed by Gov. Edwards," May 30, 2018
- ↑ Supreme Court of the United States, "Dobbs v. Jackson Women’s Health Organization," accessed June 24, 2022
- ↑ 212.0 212.1 212.2 CNN, "Supreme Court overturns Roe v. Wade," June 24, 2022
- ↑ CNBC, "Supreme Court overturns Roe v. Wade, ending 50 years of federal abortion rights," June 24, 2022
- ↑ Mississippi Legislature, "House Bill 1510: Bill text approved by the governor," accessed March 27, 2018
- ↑ Mississippi Legislature, "House Bill 1510," accessed March 27, 2018
- ↑ NPR, "Mississippi Governor Signs Nation's Toughest Abortion Ban Into Law," March 19, 2018
- ↑ Twitter, "Phil Bryant on March 19, 2018," accessed March 27, 2018
- ↑ United States District Court for the Southern District of Mississippi, Jackson Women's Health Organization v. Mary Currier and Mississippi State Board of Medical Licensure, March 19, 2018
- ↑ 219.0 219.1 Reuters, "Mississippi's new law restricting abortion blocked by judge for 10 days," March 20, 2018
- ↑ Twitter, "Center for Reproductive Rights on March 20, 2018," accessed March 27, 2018
- ↑ CNN, "Judge notes 'sad irony' of men deciding abortion rights as he strikes Mississippi's abortion law," November 21, 2018
- ↑ Newsweek, "Mississippi law restricting abortion after 15 weeks is overturned by federal judge," November 21, 2018
- ↑ CNBC, "Supreme Court to hear Mississippi abortion case challenging Roe v. Wade," May 17, 2021
- ↑ Associated Press, "Federal appeals court blocks sweeping Missouri abortion law," June 9, 2021
- ↑ The Missouri Times, "Missouri’s abortion law, explained," August 26, 2019
- ↑ 226.0 226.1 Missouri Independent, "Federal appeals court will review decision in Missouri abortion ban lawsuit," July 20, 2021
- ↑ Associated Press, "Down syndrome issue at center of Missouri abortion law case," September 21, 2021
- ↑ The Missouri Times, "Supreme Court declines to hear Missouri abortion law — at least for now," October 4, 2021
- ↑ Missoula Current, "Judge blocks law limiting who can provide abortions in Montana," March 1, 2022
- ↑ Associated Press, "Montana governor signs 3 bills restricting abortion access," April 26, 2021
- ↑ Associated Press, "Planned Parenthood sues Montana over new abortion laws," August 16, 2021
- ↑ Reuters, "Judge issues last-minute delay to Montana abortion laws hours after taking case," September 30, 2021
- ↑ Montana Public Radio, "Montana judge blocks anti-abortion laws while a lawsuit is underway," October 11, 2021
- ↑ KTVH, "Order blocking abortion-restriction laws goes to MT Supreme Court," October 20, 2021
- ↑ NJ.gov, "Governor Murphy Signs Historic Legislation to Expand and Protect Reproductive Freedom in New Jersey," January 13, 2022
- ↑ New Jersey Monitor, "Murphy signs law solidifying abortion rights in New Jersey," January 13, 2022
- ↑ ACLU NJ, "ACLU-NJ CALLS ON LEGISLATORS AND GOVERNOR MURPHY TO GO BEYOND DECLARING RIGHT TO ABORTION AND EXPAND ACCESS FOR ALL NEW JERSEYANS," January 10, 2022
- ↑ Rochester Democrat and Chronicle,"Abortion law in New York: What the Reproductive Health Act does and doesn't do," February 1, 2019
- ↑ Axios, "Ohio governor signs law banning abortions after detection of fetal heartbeat," April 11, 2019
- ↑ CBS News, "Judge blocks Ohio 'fetal heartbeat' abortion law," July 3, 2019
- ↑ NPR, "A Bill Banning Most Abortions Becomes Law In Ohio," April 11, 2019
- ↑ ACLU Ohio, "ACLU of Ohio to Challenge Total Abortion Ban," April 11, 2019
- ↑ The Oklamoman, May 25, 2022
- ↑ LegiScan, "Oklahoma House Bill 4327," accessed May 30, 2022
- ↑ KFOR, "Lawsuit filed over Oklahoma’s strictest anti-abortion law," may 26, 2022
- ↑ KOKH, "Legal challenge filed to stop Oklahoma anti-abortion bill," May 26, 2022
- ↑ Oklahoma State Legislature, " Bill Information for SB 1503," accessed May 17, 2022
- ↑ ABC57, "Oklahoma GOP governor signs 6-week abortion ban modeled after Texas law that allows civil enforcement," May 9, 2022
- ↑ Dallas Morning News, "Texas-style abortion bill enacted in Oklahoma while Roe inches toward demise," May 5, 2022
- ↑ CBS News, "Oklahoma governor signs bill to make almost all abortions illegal," April 12, 2022
- ↑ KTUL, "Stitt signs bill to make abortion illegal," April 12, 2022
- ↑ CNN, "Oklahoma governor signs near-total abortion ban into law," April 26, 2021
- ↑ Tulsa World, "State agrees 2 abortion laws are unconstitutional; three other new abortion laws still to go into effect Nov. 1 pending legal challenge," October 5, 2021
- ↑ Live 5 WCSC, "Federal Appeals Court upholds ban of SC six-week abortion ban," February 22, 2022
- ↑ WISTV, "McMaster advances appeal of preliminary injunction of Fetal Heartbeat Act," March 8, 2022
- ↑ WLTX, "Judge temporarily blocks SC abortion ban law," February 19, 2021
- ↑ The Post and Courier, "Federal judge blocks SC abortion ban: ‘This case does not present a close call’," March 19, 2021
- ↑ WSPA, "McMaster, other officials appeal injunction on South Carolina abortion ban," April 2, 2021
- ↑ Newsweek, "U.S. Appeals Court Sets Date to Hear Fetal Heartbeat Abortion Lawsuit in South Carolina," October 11, 2021
- ↑ The Associated Press, "South Carolina abortion appellate hearing moved to January," November 26, 2021
- ↑ CNBC, "Tennessee governor signs bill regulating medication abortions," May 6, 2022
- ↑ [https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB2416 Tennessee General Assembly, "HB2416," accessed May 18, 2022
- ↑ Nashville Tennessean, "Federal judge blocks rollout of Tennessee's strict new abortion restrictions as court weighs law's fate," July 24, 2020
- ↑ National Review, "Tennessee Appeals Decision Blocking the State’s Heartbeat Bill," September 2, 2020
- ↑ Nashville Tennessean, "Moments after Gov. Lee signed it, court halts Tennessee's restrictive abortion law," July 13, 2020
- ↑ Nashville Tennessean, "Sixth Circuit hears Tennessee 'reason ban' abortion suit weeks after ruling in Ohio case," April 30, 2021
- ↑ WKRN, "Court upholds ban on Tennessee heartbeat abortion bill," September 10, 2021
- ↑ Associated Press, "US appeals court to rehear Tennessee abortion ban argument," December 3, 2021
- ↑ Politico, "Supreme Court grants expedited review for Texas abortion ban," October 22, 2021
- ↑ CNN, "Gorsuch deals abortion providers another setback by sending Texas SB8 lawsuit to a conservative appeals court," December 16, 2021
- ↑ CNN, "Federal appeals court sends abortion case to Texas Supreme Court," January 17, 2022
- ↑ Austin American-Statesman, "Texas passed one of the nation's strictest abortion bans. How have other state bans fared?" May 21, 2021
- ↑ WFAA, "Reproductive rights groups prepare for 'the worst,' as Texas 'heartbeat' law poised to take effect Wednesday," August 31, 2021
- ↑ The Hill, "Supreme Court declines to block Texas abortion law," September 2, 2021
- ↑ The New York Times, "Justice Dept. Asks Judge to Block Texas’ Restrictive Abortion Law," September 14, 2021
- ↑ The Hill, "Abortion providers again ask Supreme Court to intervene in Texas case," September 23, 2021
- ↑ CNN, "Supreme Court upholds TX abortion law, but says providers can sue," December 10, 2021
- ↑ CNN, "Abortion rights groups sue to block Texas law that allows citizens to enforce 'heartbeat' ban," July 13, 2021
- ↑ Texas Tribune, "Texas abortion law that bans procedure as early as six weeks set to go into effect after court cancels hearing, denies motions," August 29, 2021
- ↑ The Hill, "Abortion providers again ask Supreme Court to intervene in Texas case," September 23, 2021
- ↑ Reuters, "U.S. judge blocks enforcement of near-total abortion ban in Texas," October 7, 2021
- ↑ Politico, "Appeals court keeps Texas abortion law in place," October 14, 2021
- ↑ Austin American-Statesman, "Texas judge hears legal challenges to restrictive abortion law on Wednesday," November 10, 2021
- ↑ Reuters, "Judge rules citizen enforcement of Texas abortion law unconstitutional," December 10, 2021
- ↑ The Texas Tribune, "State judge declares Texas abortion law unconstitutional — but does not stop it from being enforced," December 9, 2021
- ↑ CNN, "Alabama governor signs nation’s most restrictive anti-abortion bill into law," May 16, 2019
- ↑ WAMC, "Cuomo Signs Measure To Codify Roe V. Wade Into State Law," January 22, 2019
- ↑ New York Times, "‘The Time Is Now’: States Are Rushing to Restrict Abortion, or to Protect It," May 15, 2019
- ↑ National Review, "Alabama and Georgia Are Throwing Down the Gauntlet against Roe. Good.," May 15, 2019
- ↑ U.S. Supreme Court, "Dobbs v. Jackson Women’s Health Organization," June 24, 2022
- ↑ 291.0 291.1 Axios, "Fight for abortion rights moves to state ballots," April 24, 2022
- ↑ Office of California Governor, "Following Draft SCOTUS Opinion, Legislative Leaders and Governor Newsom Announce Constitutional Amendment to Enshrine the Right to Choose in California," May 2, 2022
- ↑ NBC News, "Ohio voters enshrine abortion rights in state constitution," November 7, 2023
- ↑ Democratic Congressional Campaign Committee, "Interested Parties Memorandum: House Republicans’ Extremism Will Cost Them in States With Abortion Ballot Initiatives," April 5, 2024
- ↑ ABC News, "Abortion-rights ballot measures may not help Democrats as much as they think," July 30, 2024
- ↑ Washington Post, "Inside the Trump campaign’s ground game," October 4, 2024
- ↑ Arizona Daily Independent, "Voters Backed Abortion Ballot Measures But Not The Candidate Who Supported Them," November 7, 2024
- ↑ 298.0 298.1 Students for Life of America, "Legal History of Abortion (1821 - Present)," accessed May 16, 2019
- ↑ Georgetown University, "To Bear or Not to Bear: Abortion in Victorian America," accessed September 13, 2023
- ↑ FindLaw, "Abortion History in the U.S." accessed May 16, 2019
- ↑ Oyez, "Griswold v. Connecticut", accessed May 16, 2019
- ↑ History.com, "Roe v. Wade'', accessed May 15, 2019
- ↑ Oyez, "Planned Parenthood v. Casey", accessed May 15, 2019
- ↑ Cornell University Law School, "Planned Parenthood v. Casey," accessed April 27, 2017
- ↑ The New Yorker, "The Supreme Court’s Just Application of the Undue-Burden Standard for Abortion," June 27, 2016
- ↑ The New Yorker, "The Disappearing “Undue Burden” Standard for Abortion Rights," September 16, 2014
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