Abortion Laws Across the Nation
Overview and Issue Summary
By An Nguyen
Last updated: August 22, 2023
The Case of Roe v. Wade
On January 22, 1973, the United States Supreme Court ruled 7-2 that excessive state restrictions on abortion were unconstitutional in the case of Roe v. Wade.[1][2] The legal case upheld that the guarantee of liberty granted in the Fourteenth Amendment included the right to abortion up until fetal viability, or about 24 weeks of pregnancy.[1][2] The Roe decision allowed legal and more accessible abortion care across the country.[2] However, since then opponents to the decision urged lawmakers to enact restrictions in an attempt to reverse the Court’s ruling for reproductive freedom.[2] Nearly 50 years later, the Supreme Court overturned the decision on June 24, 2022, officially ending the constitutional right to an abortion in Dobbs v. Jackson Women’s Health Organization.[2][3] This ruling set a cascade of individual state laws regarding abortion rights, a crucial matter of women's reproductive health.
Abortion Bans, Restrictions, and Protections
Types of Abortion Bans
Since the overturn of Roe v. Wade, some states have completely banned abortion while others have implemented more technical restrictions that hinder a woman’s right to seek medical care for one. While most states repealed abortion bans once the Supreme Court made its initial ruling in Roe v. Wade, some never did and could revive their decades-old pre-Roe abortion bans.[4] Other states enacted trigger bans, legislation put in place that would go into effect, e.g., if the Supreme Court overturned their decision.[4] If in an exceptional case an abortion must be provided, some states require an affirmative defense in which the abortion provider must prove in court that the abortion met the criteria for a legal exception.[5] Further bans can prohibit the use of specific methods in delivering abortion care, abortions sought for a particular reason, and the use of telemedicine in the provision of abortion medication.[4]
Types of Abortion Restrictions
One method state legislators use to restrict abortion care is through limiting funding for family planning or limiting the use of Medicaid and other private health insurances to pay for an abortion.[5][6][7][8] The introduction of TRAP bills, or targeted restrictions of abortion providers, further places “medically unnecessary regulations” for healthcare centers, per Planned Parenthood.[4][6] Some state bills require mandatory waiting periods of up to 72 hours between a woman’s consultation with a doctor and the abortion procedure or require women to receive mandatory counseling.[6] Another restriction deals with parental involvement, mandating providers or clinics to notify parents or legal guardians if their child is seeking an abortion.[4]
Types of Abortion Protections
Only a handful of states have few to no restrictions on receiving an abortion and provide state constitutional protections for abortion care. Statutory protections are laws passed by states to protect the right to an abortion.[4] A state constitutional protection comes from the state’s highest court that explicitly states the right to receive an abortion separately from the existence of a federal constitutional right.[4] Some states also offer public funding to pay for most medically necessary abortions for Medicaid beneficiaries in that state.[7] Shield laws in states further protect abortion care by allowing abortion providers to provide abortions to out-of-state patients without fear of investigation.[5][9] Many interstate enforcement battles have emerged as a result, with state lawmakers attempting to prohibit other states from providing abortion services to their residents.[3]
Abortion Laws by State (Non-Exhaustive)
Alabama
Abortions are completely banned in Alabama with very limited exceptions. The state constitution excludes abortion rights. State Medicaid coverage of abortion services is banned with exceptions and the use of telehealth for abortion services is banned. The state requires a mandatory waiting period of 48 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10]
Alaska
Abortions are not restricted based on gestational age in Alaska. State Medicaid funds cover abortions as well.[5][7][10]
Arizona
Abortions are banned in Arizona at 15 weeks and later. State Medicaid coverage of abortion services is banned with exceptions and the use of telehealth for abortion services is banned. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics. There exists a shield law to protect abortion providers.[5][7][10]
Arkansas
Abortions are completely banned in Arkansas with very limited exceptions. State Medicaid coverage of abortion services is banned with exceptions and the use of telehealth for abortion services is banned. The state requires a mandatory waiting period of 72 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10]
California
Abortions are banned at fetal viability in California. The state constitution protects abortion rights. State Medicaid, private health insurance plans, and state funds cover abortion services. There exists a shield law to protect abortion providers.[5][7][10]
Colorado
Abortions are not restricted based on gestational age in Colorado. State Medicaid coverage of abortion services is banned with exceptions and the state requires parental notice or consent for minors. There exists a shield law to protect abortion providers.[5][7][10]
Connecticut
Abortions are banned at fetal viability in Connecticut. State Medicaid funds cover abortions as well. There exists a shield law to protect abortion providers.[5][7][10]
Delaware
Abortions are banned at fetal viability in Delaware. State Medicaid coverage of abortion services is banned with exceptions and the state requires parental notice or consent for minors. There exists a shield law to protect abortion providers.[5][7][10]
District of Columbia
Abortions are not restricted based on gestational age in the District of Columbia. State Medicaid coverage of abortion services is banned with exceptions. There exists a shield law to protect abortion providers.[5][7][10]
Florida
Abortions are banned at 15 weeks and later in Florida. State Medicaid coverage of abortion services is banned with exceptions. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10]
Georgia
Abortions are banned at 6 weeks and later in Georgia. State Medicaid coverage of abortion services is banned with exceptions. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors.[5][7][10]
Hawaii
Abortions are banned at fetal viability in Hawaii. State Medicaid funds cover abortions as well. There exists a shield law to protect abortion providers.[5][7][10]
Idaho
Abortions are completely banned in Idaho with very limited exceptions and require an affirmative defense. State Medicaid and private health insurance coverage of abortion services are banned with exceptions. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors.[5][7][10]
Illinois
Abortions are banned at fetal viability in Illinois. State Medicaid funds and private health insurance plans cover abortions. There exists a shield law to protect abortion providers.[5][7][10]
Indiana
Abortions are completely banned in Indiana with very limited exceptions. State Medicaid and private health insurance coverage of abortions services are banned with exceptions. The use of telehealth for abortion services is banned as well. The state requires a mandatory waiting period of 18 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10][11]
Iowa
Abortions are banned at 22 weeks and later in Iowa. State Medicaid coverage of abortion services is banned with exceptions. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors.[5][7][10]
Kansas
Abortions are banned at 22 weeks and later in Kansas. State Medicaid and private health insurance coverage of abortion services are banned with exceptions. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors.[5][7][10]
Kentucky
Abortions are completely banned in Kentucky with very limited exceptions. State Medicaid and private health insurance coverage of abortion services are banned with exceptions. The use of telehealth for abortion services is banned as well. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10]
Louisiana
Abortions are completely banned in Louisiana with very limited exceptions. The state constitution excludes abortion rights. State Medicaid coverage of abortion services is banned with exceptions and the use of telehealth for abortion services is banned. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10]
Maine
Abortions are banned at fetal viability in Maine. State Medicaid funds and private health insurance plans cover abortion services. There exists a shield law to protect abortion providers.[5][7][10]
Maryland
Abortions are banned at fetal viability in Maryland. State Medicaid funds and private health insurance plans cover abortion services. The state requires parental notice or consent for minors as well. Regulations are in place for abortion providers and clinics. There exists a shield law to protect abortion providers.[5][7][10]
Massachusetts
Abortions are banned at 24 weeks and later in Massachusetts. State Medicaid, private health insurance plans, and state funds cover abortion services. The state requires parental notice or consent for minors as well. There exists a shield law to protect abortion providers.[5][7][10]
Michigan
Abortions are banned at fetal viability in Michigan. The state constitution protects abortion rights. State Medicaid and private health insurance of abortion services are banned with exceptions. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics. There exists a shield law to protect abortion providers.[5][7][10]
Minnesota
Abortions are not restricted based on gestational age in Minnesota. State Medicaid funds cover abortions. There exists a shield law to protect abortion providers.[5][7][10]
Mississippi
Abortions are completely banned in Mississippi with very limited exceptions. State Medicaid coverage of abortions services is banned with exceptions and the use of telehealth for abortion services is banned. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10]
Missouri
Abortions are completely banned in Missouri with very limited exceptions and require an affirmative defense. State Medicaid and private health insurance coverage of abortions services are banned with exceptions. The use of telehealth for abortion services is banned as well. The state requires a mandatory waiting period of 72 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10]
Montana
Abortions are banned at fetal viability in Montana. State Medicaid funds cover abortions. The state requires parental notice or consent for minors as well.[5][7][10]
Nebraska
Abortions are banned at 12 weeks and later in Nebraska. State Medicaid and private health insurance coverage of abortion services are banned with exceptions. The use of telehealth for abortion services is banned as well. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10]
Nevada
Abortions are banned at 24 weeks and later in Nevada. State Medicaid coverage of abortion services is banned with exceptions. There exists a shield law to protect abortion providers.[5][7][10]
New Hampshire
Abortions are banned at 24 weeks and later in New Hampshire. State Medicaid coverage of abortion services is banned with exceptions and the state requires parental notice or consent for minors.[5][7][10]
New Jersey
Abortions are not restricted based on gestational age in New Jersey. State Medicaid funds cover abortions. There exists a shield law to protect abortion providers.[5][7][10]
New Mexico
Abortions are not restricted based on gestational age in New Mexico. State Medicaid funds cover abortions. There exists a shield law to protect abortion providers.[5][7][10]
New York
Abortions are banned at fetal viability in New York. State Medicaid, private health insurance plans, and state funds cover abortion services. There exists a shield law to protect abortion providers.[5][7][10]
North Carolina
Abortions are banned at 12 weeks and later in North Carolina. State Medicaid coverage of abortion services is banned with exceptions and the use of telehealth for abortion services is banned. The state requires a mandatory waiting period of 72 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics. There exists a shield law to protect abortion providers.[5][7][10]
North Dakota
Abortions are completely banned in North Dakota with very limited exceptions. State Medicaid and private health insurance coverage of abortion services are banned with exceptions. The use of telehealth for abortion services is banned as well. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10]
Ohio
Abortions are banned at 22 weeks and later in Ohio. State Medicaid coverage of abortion services is banned with exceptions. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10]
Oklahoma
Abortions are completely banned in Oklahoma with very limited exceptions. State Medicaid and private health insurance coverage of abortions services are banned with exceptions. The use of telehealth for abortions services is banned as well. The state requires a mandatory waiting period of 72 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10]
Oregon
Abortions are not restricted based on gestational age in Oregon. State Medicaid, private health insurance plans, and state funds cover abortion services. There exists a shield law to protect abortion providers.[5][7][10]
Pennsylvania
Abortions are banned at 24 weeks and later in Pennsylvania. State Medicaid coverage of abortion services is banned with exceptions. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics. There exists a shield law to protect abortion providers.[5][7][10]
Rhode Island
Abortions are banned at fetal viability in Rhode Island. State Medicaid funds cover abortions. The state requires parental notice or consent for minors as well. Regulations are in place for abortion providers and clinics. There exists a shield law to protect abortion providers.[5][7][10]
South Carolina
Abortions are banned at 22 weeks and later in South Carolina. State Medicaid coverage of abortion services is banned with exceptions and the use of telehealth for abortion services is banned. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10]
South Dakota
Abortions are completely banned in South Dakota with very limited exceptions. State Medicaid coverage of abortion services is banned with exceptions and the use of telehealth for abortion services is banned. The state requires a mandatory waiting period of 72 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10]
Tennessee
Abortions are completely banned in Tennessee with very limited exceptions and require an affirmative defense. The state constitution excludes abortion rights. State Medicaid coverage of abortion services is banned with exceptions and the use of telehealth for abortion services is banned. The state requires a mandatory waiting period of 48 hours after counseling and requires parental notice or consent for minors.[5][7][10]
Texas
Abortions are completely banned in Texas with very limited exceptions. State Medicaid and private health insurance coverage of abortion services are banned with exceptions. The use of telehealth for abortion services is banned as well. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10]
Utah
Abortions are banned at 18 weeks and later in Utah. State Medicaid and private health insurance coverage of abortion services are banned with exceptions. The state requires a mandatory waiting period of 72 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10]
Vermont
Abortions are not restricted based on gestational age in Vermont. The state constitution protects abortion rights. State Medicaid funds cover abortions. There exists a shield law to protect abortion providers.[5][7][10]
Virginia
Abortions are banned starting at the third trimester in Virginia. State Medicaid coverage of abortion services is banned with exceptions. The state requires parental notice or consent for minors as well.[5][7][10]
Washington
Abortions are banned at fetal viability in Washington. State Medicaid funds and private health insurance plans cover abortions. There exists a shield law to protect abortion providers.[5][7][10]
West Virginia
Abortions are completely banned in West Virginia with very limited exceptions. State Medicaid coverage of abortion services is banned with exceptions and the use of telehealth for abortion services is banned. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors.[5][7][10]
Wisconsin
Abortions are banned at 22 weeks and later in Wisconsin. Due to legal uncertainty, providers “were forced to stop providing abortion care after Roe was overturned in June 2022.”[5] State Medicaid coverage of abortion services is banned with exceptions and the use of telehealth for abortion services is banned. The state requires a mandatory waiting period of 24 hours after counseling and requires parental notice or consent for minors. Regulations are in place for abortion providers and clinics.[5][7][10]
Wyoming
Abortions are banned at fetal viability in Wyoming. State Medicaid coverage of abortion services is banned with exceptions. The state requires parental notice or consent for minors as well.[5][7][10]
The Future of Abortion Care in the United States
More than one year after the highly-publicized overturning of Roe v. Wade in the U.S. Supreme Court, there still exists nationwide confusion and uncertainty within state legislation on the status of abortion rights. As of August 1, 2023, abortions were banned in 15 states, leaving large regions without access to this form of reproductive health care.[11][12][13] Political turmoil also continues to ensue among state legislators. Some state governments are pushing to ensure more access to legal abortions while others are enacting more stringent restrictions to prohibit them.[14] The future of abortion care remains uncertain, emphasizing the need for both state and federal long-term action to determine the future of women’s reproductive health.
References
[1] Amy Tikkanen, Brian Duignan and Emily Rodriguez, “Roe v. Wade,” Britannica, last modified August 21, 2023, https://www.britannica.com/event/Roe-v-Wade.
[2] “Roe v. Wade,” Center for Reproductive Rights, accessed August 22, 2023, https://reproductiverights.org/roe-v-wade/.
[3] Nina Totenberg and Sarah McCammon, “Supreme Court overturns Roe v. Wade, ending right to abortion upheld for decades,” NPR, June 24, 2022, https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-decision-overturn.
[4] “Glossary: Abortion Bans, Restrictions and Protections,” Center for Reproductive Rights, accessed August 22, 2023, https://reproductiverights.org/glossary-abortion-terms-bans/.
[5] “Interactive Map: US Abortion Policies and Access After Roe,” Guttmacher Institute, last modified August 21, 2023, https://states.guttmacher.org/policies/abortion-policies.
[6] “Types of State Attacks on Abortion,” Planned Parenthood, accessed August 22, 2023, https://www.plannedparenthoodaction.org/issues/abortion/types-attacks.
[7] “An Overview of Abortion Laws,” Guttmacher Institute, July 1, 2023, https://www.guttmacher.org/state-policy/explore/overview-abortion-laws.
[8] “State Family Planning Funding Restrictions,” Guttmacher Institute, July 1, 2023, https://www.guttmacher.org/state-policy/explore/state-family-planning-funding-restrictions.
[9] David Cohen, Greer Donley and Rachel Rebouché, “Abortion Shield Laws,” NEJM Evidence 2, no. 4 (March 28, 2023), https://evidence.nejm.org/doi/full/10.1056/EVIDra2200280.
[10] “After Roe Fell: Abortion Laws by State,” Center for Reproductive Rights, accessed August 22, 2023, https://reproductiverights.org/maps/abortion-laws-by-state/.
[11] “AFTER ROE FELL: ABORTION LAWS BY STATE > INDIANA,” Center for Reproductive Rights, accessed August 22, 2023, https://reproductiverights.org/maps/state/indiana/.
[12] “The State Abortion Policy Landscape One Year Post-Roe,” Guttmacher Institute, last modified June 16, 2023, https://www.guttmacher.org/2023/06/state-abortion-policy-landscape-one-year-post-roe.
[13] “Tracking Abortion Bans Across the Country,” The New York Times, last modified August 21, 2023, https://www.nytimes.com/interactive/2022/us/abortion-laws-roe-v-wade.html.
[14] Megan Rose, “Here’s What States Are Doing to Abortion Rights in 2023,” ProPublica, February 8, 2023, https://www.propublica.org/article/us-abortion-legislation-2023.
An Nguyen is a Decency LLC Summer 2023 intern. He is a Pharm.D. candidate at Rutgers University's Ernest Mario School of Pharmacy.