Where Abortion Stands by State – With and Without Roe

A leaked draft opinion shows that the Supreme Court may overturn Roe v. Wade. Here’s what that means for each state.By Kaia Hubbard May 3, 2022SaveMore

U.S. News & World Report
WASHINGTON, DC - MAY 02: Pro-choice and anti-abortion activist rally outside of the U.S. Supreme Court on May 02, 2022 in Washington, DC. In an initial draft majority opinion obtained by Politico, Supreme Court Justice Samuel Alito allegedly wrote that the cases Roe v. Wade and Planned Parenthood of Southeastern v. Casey should be overruled, which would end federal protection of abortion rights across the country. (Photo by Kevin Dietsch/Getty Images)
Pro-choice and anti-abortion activists rally outside of the U.S. Supreme Court in Washington, on Monday.(KEVIN DIETSCH/GETTY IMAGES)

Roe v. Wade, the landmark 1973 case that established a constitutional right to an abortion up until the fetus can survive outside of the womb, has been the law of the land for nearly 50 years. But in a rare breach of confidentiality, Politico obtained what it says is a draft opinion showing the Supreme Court is poised to overturn the almost half-century old precedent.

Dobbs v. Jackson Women’s Health Organization is a challenge to a Mississippi law banning abortion after 15 weeks of pregnancy that experts say stands in direct opposition to what the Supreme Court decided in Roe – that states may not ban abortion prior to fetal viability, which is generally understood by experts to mean between 22 and 24 weeks of pregnancy. But with a newly conservative supermajority on the high court and as momentum mounts among the anti-abortion movement, Roe is perhaps in its final days.

But the high court’s decision in the draft opinion is subject to change and will not be finalized until it is published. In the meantime, states appear to be gearing up for a new abortion frontierbrashly introducing restrictions and flouting current precedent as they await the high court ruling expected this summer.


Alabama

With Roe: Abortion available up to 20 weeks

Without Roe: Abortion banned (pre-1973 abortion ban in place)

Alaska

With Roe: No gestational age restrictions

Without Roe: Unclear

Arizona

With Roe: Abortion available up to viability*

Without Roe: Abortion banned (pre-1973 abortion ban in place)

* A new law is set to outlaw abortion after 15 weeks, effective this summer.

Arkansas

With Roe: Abortion available up to 20 weeks

Without Roe: Abortion banned (pre-1973 abortion ban in place)

California

With Roe: Abortion available up to viability

Without Roe: Abortion protected by state law prior to viability

Colorado

With Roe: No gestational age restrictions

Without Roe: Abortion protected by state law throughout pregnancy

Connecticut

With Roe: Abortion available up to viability

Without Roe: Abortion protected by state law prior to viability

Delaware

With Roe: Abortion available up to viability

Without Roe: Abortion protected by state law prior to viability

District of Columbia

With Roe: No gestational age restrictions

Without Roe: Abortion protected by district law throughout pregnancy

Florida

With Roe: Abortion available up to 24 weeks*

Without Roe: Abortion likely banned (based on political composition, history and other indicators)

* A new law is set to outlaw abortion after 15 weeks of pregnancy, effective July 1.

Georgia

With Roe: Abortion available up to 20 weeks

Without Roe: Abortion banned (existing law prohibiting abortion after six weeks of pregnancy not yet in effect)

Hawaii

With Roe: Abortion available up to viability

Without Roe: Abortion protected by state law prior to viability

Idaho

With Roe: Abortion available up to viability

Without Roe: Abortion banned (post-Roe trigger ban to expected to take effect)

Illinois

With Roe: Abortion available up to viability

Without Roe: Abortion protected by state law prior to viability

Indiana

With Roe: Abortion available up to 20 weeks

Without Roe: Abortion likely banned (based on political composition, history and other indicators)

Iowa

With Roe: Abortion available up to 20 weeks

Without Roe: Abortion banned (existing law prohibiting abortion after six weeks of pregnancy not yet in effect)

Kansas

With Roe: Abortion available up to 20 weeks

Without Roe: Unclear

Kentucky

With Roe: Abortion available up to 20 weeks

Without Roe: Abortion banned (post-Roe trigger ban to take effect)

Louisiana

With Roe: Abortion available up to 20 weeks

Without Roe: Abortion banned (post-Roe trigger ban to take effect)

Maine 

With Roe: Abortion available up to viability

Without Roe: Abortion protected by state law prior to viability

Maryland

With Roe: Abortion available up to viability

Without Roe: Abortion protected by state law prior to viability

Massachusetts

With Roe: Abortion available up to 24 weeks

Without Roe: Abortion protected by state law prior to viability

Michigan

With Roe: Abortion available up to viability

Without Roe: Abortion banned (pre-1973 abortion ban in place)

Minnesota

With Roe: Abortion available up to viability

Without Roe: Unclear

Mississippi

With Roe: Abortion available up to 20 weeks

Without Roe: Abortion banned (pre-1973 abortion ban in place)

Missouri

With Roe: Abortion available up to viability

Without Roe: Abortion banned (post-Roe trigger ban to take effect)

Montana

With Roe: Abortion available up to viability

Without Roe: Abortion likely banned (based on political composition, history and other indicators)

Nebraska

With Roe: Abortion available up to 20 weeks

Without Roe: Abortion likely banned (based on political composition, history and other indicators)

Nevada

With Roe: Abortion available up to 24 weeks

Without Roe: Abortion protected by state law prior to viability

New Hampshire

With Roe: Abortion available up to 24 weeks

Without Roe: Unclear

New Jersey

With Roe: No gestational age restrictions

Without Roe: Abortion protected by state law throughout pregnancy

New Mexico

With Roe: No gestational age restrictions

Without Roe: Unclear

New York

With Roe: Abortion available up to viability

Without Roe: Abortion protected by state law prior to viability

North Carolina

With Roe: Abortion available up to viability

Without Roe: Unclear

North Dakota

With Roe: Abortion available up to 20 weeks

Without Roe: Abortion banned (post-Roe trigger ban to take effect)

Ohio

With Roe: Abortion available up to 20 weeks

Without Roe: Abortion banned (existing law prohibiting abortion after six weeks of pregnancy not yet in effect)

Oklahoma

With Roe: Abortion available up to 20 weeks*

Without Roe: Abortion banned (pre-1973 abortion ban in place)

* A new law is set to make performing an abortion at any stage of pregnancy a felony, effective this summer.

Oregon

With Roe: No gestational age restrictions

Without Roe: Abortion protected by state law throughout pregnancy

Pennsylvania

With Roe: Abortion available up to 24 weeks

Without Roe: Unclear

Rhode Island

With Roe: Abortion available up to viability

Without Roe: Abortion protected by state law prior to viability

South Carolina

With Roe: Abortion available up to 20 weeks

Without Roe: Abortion banned (existing law prohibiting abortion after six weeks of pregnancy not yet in effect)

South Dakota

With Roe: Abortion available up to 20 weeks

Without Roe: Abortion banned (post-Roe trigger ban to take effect)

Tennessee

With Roe: Abortion available up to viability

Without Roe: Abortion banned (post-Roe trigger ban to take effect)

Texas

With Roe: Abortion available up to six weeks

Without Roe: Abortion banned (pre-1973 abortion ban in place)

Utah

With Roe: Abortion available up to viability

Without Roe: Abortion banned (post-Roe trigger ban to take effect)

Vermont

With Roe: No gestational age restrictions

Without Roe: Abortion protected by state law throughout pregnancy

Virginia

With Roe: Abortion available up to third trimester

Without Roe: Unclear

Washington

With Roe: Abortion available up to viability

Without Roe: Abortion protected by state law prior to viability

West Virginia

With Roe: Abortion available up to 20 weeks

Without Roe: Abortion banned (pre-1973 abortion ban in place)

Wisconsin

With Roe: Abortion available up to 20 weeks

Without Roe: Abortion banned (pre-1973 abortion ban in place)

Wyoming

With Roe: Abortion available up to viability

Without Roe: Abortion banned (post-Roe trigger ban to take effect)Updated on May 3, 2022: This article has been updated to reflect how state abortion laws could change if Roe v. Wade is overturnedCorrected on May 3, 2022: A previous version of this article inaccurately stated the ways in which some states have enacted abortion protections.

Tags: abortionsexual healthwomen’s healthstate law