Note: This resource reflects policy and legal developments as of September 1, 2023. For the most up-to-date information, please refer to our interactive map detailing current state abortion policies.
Since the landmark decision of the US Supreme Court to overturn Roe v. Wade in June 2022, the legality of abortion has undergone a seismic shift across the United States. This ruling eliminated the constitutional right to abortion, leaving individual states to regulate or ban the procedure as they see fit. Consequently, numerous states have moved swiftly to enact near-total abortion bans, often with very limited exceptions, while others have implemented bans early in pregnancy. The resulting legal patchwork has created considerable confusion and disruption for both healthcare providers and individuals seeking abortion services.
Predictions made in October 2021, prior to the Dobbs v. Jackson Women’s Health Organization decision, anticipated that 26 states were likely to ban abortion if Roe v. Wade were overturned. Developments since the Supreme Court ruling largely support this analysis, with two notable exceptions: Michigan and South Carolina.
Michigan, initially identified as a state likely to ban abortion due to its pre-Roe ban, saw a significant shift when voters overwhelmingly approved a constitutional amendment in November 2022 protecting abortion rights. This amendment effectively neutralized the pre-Roe ban.
South Carolina, previously expected to ban abortion based on a 2021 six-week ban, experienced a different legal outcome. The South Carolina Supreme Court struck down the six-week ban in January 2023, affirming that the state constitution’s right to privacy encompasses abortion rights. While legislative efforts to restrict abortion persist in South Carolina, a ban earlier than six weeks of pregnancy is unlikely in the near future.
Despite these developments in Michigan and South Carolina, the number of states that have banned or are likely to ban abortion remains at a significant 24. This reality means millions of individuals are facing restricted access to essential healthcare and control over their own bodies. For many, this lack of local abortion access translates into arduous journeys to obtain care, resorting to self-managed abortions, or carrying unwanted pregnancies to term.
Below is a breakdown of the current status of abortion bans and restrictions in these 24 states as of January 9, 2023, offering insights into the evolving landscape of abortion access in the absence of Roe v. Wade. These states are navigating their first legislative sessions in this new legal era, and further changes are anticipated.
States with Near-Total Abortion Bans
As of January 9, 2023, twelve states have implemented and are enforcing near-total abortion bans, allowing for very limited exceptions. In five of these states, legal challenges are ongoing, but the bans remain in effect. West Virginia has seen a pre-Roe ban temporarily blocked by the courts pending legal review.
1. Alabama—Near-total ban is currently in effect.
2. Arkansas—Near-total ban is currently in effect.
3. Idaho—Near-total ban is currently in effect.
- A federal court is currently considering a legal challenge focused on expanding the exceptions permitted under the ban.
4. Kentucky—Near-total ban is currently in effect.
- A legal challenge is currently being heard in state court.
5. Louisiana—Near-total ban is currently in effect.
- State courts are currently reviewing a legal challenge to this ban.
6. Mississippi—Near-total ban is currently in effect.
7. Missouri—Near-total ban is currently in effect.
8. Oklahoma—Near-total ban is currently in effect.
- A legal challenge is ongoing in state court.
9. South Dakota—Near-total ban is currently in effect.
10. Tennessee—Near-total ban is currently in effect.
11. Texas—Near-total ban is currently in effect.
- A federal court is currently considering a legal challenge seeking to broaden the exceptions to this ban.
12. West Virginia—Near-total ban is currently in effect.
- Enforcement of a separate pre-Roe ban has been blocked pending the outcome of a legal challenge in state court.
States Where Abortion Access is Effectively Unavailable
In two states, abortion services are not accessible, even though formal bans are not actively being enforced. Legal challenges are underway in both states, contributing to the uncertainty.
13. North Dakota—Abortion services are unavailable. The state’s only abortion clinic relocated to Minnesota.
- Despite the lack of operational abortion clinics, a legal challenge to the state’s near-total ban is still pending in state court.
14. Wisconsin—Abortion services are unavailable. Clinics ceased providing abortions due to the ambiguous enforcement status of the state’s pre-Roe abortion ban.
- A legal challenge to this pre-Roe ban is currently before the state court.
States with Gestational Age Abortion Bans
Four states have implemented gestational age bans, prohibiting abortion after a specific point in pregnancy. These bans, previously unconstitutional under Roe v. Wade, are now in effect and restrict access to abortion care.
15. Arizona—A 15-week abortion ban is in effect.
- State courts are currently hearing a legal challenge to this ban.
16. Florida—A 15-week abortion ban is in effect.
- A legal challenge is ongoing in state court.
- The state legislature may consider an earlier gestational age ban during the 2023 session.
17. Georgia—A six-week abortion ban is in effect.
- A legal challenge to this ban is currently in state court.
18. Utah—An 18-week abortion ban is in effect.
- A near-total ban has been blocked from enforcement while a legal challenge proceeds in state court.
States Where Abortion Bans are Temporarily Blocked
In three states, state courts have temporarily blocked near-total or early-gestational-age bans, allowing abortion services to continue for the time being. However, legislative actions in these states indicate a clear intent to ultimately ban abortion.
19. Indiana—A near-total ban is currently blocked from enforcement pending a legal challenge in state court.
20. Wyoming—A near-total ban is currently blocked from enforcement pending a legal challenge in state court.
21. Ohio—A six-week abortion ban is currently blocked from enforcement pending a legal challenge in state court.
- The state legislature may consider a near-total ban in its 2023 session.
Additional States Potentially Moving to Ban or Restrict Abortion
Three additional states with anti-abortion policymakers in control of both the legislature and governorship have signaled their intention to pursue abortion bans in the near future. Currently, abortion access remains available in these states.
22. Iowa—The Iowa Supreme Court previously ruled in 2022 that the state constitution no longer protects abortion rights, paving the way for a potential new abortion ban.
23. Montana—Following the Dobbs decision, the governor requested the Montana Supreme Court to reconsider a 1999 ruling that recognized abortion rights under the state constitution. While state courts have consistently upheld abortion rights, the current political landscape, with a majority of anti-abortion legislators and a governor opposed to abortion rights, introduces uncertainty.
24. Nebraska—Legislative efforts to pass a near-total abortion ban in 2022 were unsuccessful. However, lawmakers may renew attempts to ban abortion during the 2023 legislative session.
In Kansas and North Carolina, while the legislatures are largely against abortion rights, the governors support abortion access. These states are considered less likely to enact near-total or early-gestational-age bans in the immediate future compared to the 24 states listed above.
