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
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 frontier, brashly 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: abortion, sexual health, women’s health, state law
