Roe Roe. Wade, the landmark 1973 decision that created a constitutional right to have an abortion as long as the fetus has the ability to live in the outside world, was the standard of law for more than 50 years. However, in June the Supreme Court overturned the almost fifty-year-old precedent.
What exactly is Roe in comparison to. Wade? ]
Dobbs in v. Jackson Women’s Health Organization was a case of challenge to the Mississippi law prohibiting abortions at 15 weeks pregnancy . The law, experts believe is directly in opposition to the ruling of Roe. Supreme Court decided in Roe – that states cannot restrict abortion before fetal viability has been established which is typically considered by experts to be that the pregnancy is between 22-24 weeks. In a 6-3 ruling that was a conservative majority of the Supreme Court was in favor of Mississippi and upheld the law in a dramatic reversal the precedent.
The high court’s decision that the case is now remitted to the states, who have been rumored to be getting ready for a new frontier in abortion by rashly introducing restrictions, and ignoring the existing precedent. The bans are starting to appear.
Here’s the state of affairs in the states as of November. 27 2022 and what the state’s policy will be altered in the absence the case that changed everything as per The Guttmacher Institute, a pro-abortion rights-related research and policy group:
“Jump to State”:
Alabama
Abortion is not permitted with the exception of cases in which “abortion is required to avoid a significant health risk for the mother of the baby.”
Alaska
Legal abortion is allowed throughout pregnancy.
Arizona
Abortion is legal for up to 15 weeks
There is a law that’s currently in the process of being blocked which would prohibit abortion, unless it is for the purpose of saving lives of woman who is pregnant. Arizona’s attorney general recently declared that the law is in effect until January at the earliest, however, the votes for his replacement are split between a pro-abortion candidate along with an abortion rights advocate.
Arkansas
The ban on abortion is “except to protect an unborn pregnant woman during an emergency medical situation.”
California
Legal abortions up to the time of fetal viability. Voters approved a state constitutional amendment that states “the state will not restrict or restrict the rights of a person’s reproductive freedom in the most intimate of choices.” This guarantees the right to choose between abortion and contraception, however it’s unclear if it will override existing restrictions.
Colorado
Legal to have an abortion throughout the pregnancy.
Connecticut
Abortion is legal to the point of the viability of the fetus.
Delaware
Abortion is legal to the point of the viability of the fetus.
District of Columbia
Legal abortion is allowed throughout pregnancy.
Florida
Legal abortion is legal for until 15 weeks after the birth of the baby.
Georgia
Legal abortions are allowed until six weeks into pregnancy. It was the Georgia Supreme Court reinstated a ban after just six weeks, days after a lower court decision allowed abortions until 22 weeks of pregnancy.
Hawaii
Abortion is legal to the point of the point of fetal viability.
Idaho
Abortion is not permitted except in instances of incest or rape reported to law enforcement officials or in cases where it is “necessary to avoid the death of the woman who is pregnant.”
Illinois
Abortion is legal to the point of the viability of the fetus.
Indiana
Abortion is legal as long as it’s within 23 weeks after the gestation period. *
* A law is currently in the process of being blocked until January, which would prohibit abortion, with very few exceptions.
Iowa
Abortion is legal as long as it lasts for 23 weeks after the birth of the baby.
Kansas
Legal abortion is allowed until 22 weeks into pregnancy. In a referendum held in August, Kansans voted to uphold the right to have an abortion. Then, in November of this year, a judge from the state prevented states from applying a ban against abortion clinics via telemedicine in a move that abortion rights advocates believe will allow access to abortion across the state.
Kentucky
Abortion is not permitted, unless required “to avoid the death of a woman or the significant chance of death from the physical condition or to avoid the severe permanent impairment to an organ that sustains life of a woman who is pregnant.” On Election day, voters voted against a plan to explicitly declare that there isn’t a right to abortion in the constitution of Kentucky However, the ban that is statewide is currently being considered by in the Kentucky Supreme Court.
Louisiana
Abortion is prohibited except in the event of medical emergencies or when you believe that the child is “medically unproductive.”
Maine
Legally legal until the point of fetal viability.
Maryland
Legal abortion is legal as long as it’s within the point of fetal viability.
Massachusetts
Legal to have an abortion during the first 24-weeks of gestation.
Michigan
Legal to abort until fetal viability*
On the day of the election, voters secured the right to have an abortion through an amendment to the state constitution. This made the ban on abortions prior to Roe unconstitutional.
Minnesota
Abortion is legal to the point of the point of fetal viability.
Mississippi
Abortion is prohibited except in cases where it is “necessary to preserve the mother’s health or when the pregnancy was caused by a rape” which was disclosed to police.
Missouri
Abortion is not allowed with the exception of “in situations of medical emergencies.”
Montana
Legal abortion up to the time of fetal viability. Residents of the state voted against the “Born Alive” initiative that would have passed an act that requires health professionals attempt to provide life-saving medical care to an infant birthed alive. This is regardless of the date the infant was born or whether the baby was intended for abortion.
Nebraska
Legal abortion is legal for until the 22nd week of gestation.
Nevada
Legal abortion is legal for until 24-weeks of gestation.
New Hampshire
Legal abortion is legal for during the first 24-weeks of gestation.
New Jersey
Legal abortion is allowed throughout pregnancy.
New Mexico
Legally, abortion is allowed throughout the pregnancy. However, a new statute prohibits abortion clinics from operating within New Mexico City.
New York
Legal abortion is legal as long as it’s within the viability of the fetus.
North Carolina
Legal abortion is legal for up to 20 weeks after pregnancy.
North Dakota
Legal for abortions until the 22nd week of pregnancy*
Due to a ruling in August by a state judge an act of trigger is currently stopped that would prevent abortions, with the exception of “to terminate a pregnancy which was the result of the grossest sexual imposition sexual imposition the sexual assault of an ward or the incontinence of a ward” or “to ensure the life of the woman who is pregnant.” However an attorney for the state has questioned the reasoning behind the decision, and the matter is currently under review of the state Supreme Court. Even though abortion is still legal in the state, the sole clinic has been relocated across the border into Minnesota.
Ohio
Legal abortions for up to 22 weeks pregnancy*
* The law is currently suspended which would prohibit abortions at the age of six weeks pregnant. The injunction was scheduled to expire on Oct. 12 but a judge in the state of Texas extended the pause to an indefinite length with an injunction preliminary to the pause.
Oklahoma
Abortion is prohibited unless “necessary to protect lives of woman who is pregnant in an emergency medical situation” or in the event that “the pregnancy is caused by sexual assault, rape or incest which has been identified to police.”
Oregon
Legal abortion is allowed throughout pregnancy.
Pennsylvania
Legal to have an abortion during the first 24-weeks of gestation.
Rhode Island
Abortion is legal to the point of the viability of the fetus.
South Carolina
Legal abortions up to 23 weeks after the birth*
The ban on abortions after the age of six has temporarily halted due to allegations of violation of privacy rights. In the South Carolina Supreme Court heard arguments about the ban in October and there’s no time limit to the justices to announce their verdict. South Carolina lawmakers had a chance to approve a second similar, similarly restrictive ban but they failed to come up with an agreement before the November. 13 date. At present, there are no providers in the state provide abortions that go beyond 14 weeks.
South Dakota
Abortion is not allowed except for “necessary to ensure the health of the female pregnant.”
Tennessee
Abortion is prohibited unless “necessary to avoid the death of the woman who is pregnant or to avoid a serious risks of significant and irreversible impairment of a vital organ.”
Texas
The ban on abortion is only when there is the birth of a life-threatening illness that is caused by pregnancy.
Utah
Legal for abortion until 18 weeks pregnancy*
A judge temporarily blocked the State’s trigger ban.
Vermont
Legally permitted during pregnancy. Although the right to abort is legally protected in Vermont and the state of Vermont, voters overwhelmingly approved Proposal 5 on Election Day in a statewide referendum. This makes the right to “personal sexual autonomy” in the constitution of the state.
Virginia
Legal abortion is legal until the third trimester.
Washington
Legal abortion is legal as long as it’s within the point of fetal viability.
West Virginia
The ban on abortion is only in place if it is done with the intent to save the child or mother.
Wisconsin
Abortion is now effectively prohibited*
State-wide providers have stopped providing abortions because of legal uncertainties concerning a law prohibiting abortions unless necessary to protect the mother’s life. The ban is currently being challenged and is likely to go through the state Supreme Court, where liberals hope to win the majority from conservatives after an election scheduled for April. The attorney general of the state who was elected to reelection in the race against an anti-abortion candidate, has stated that he will not apply the ban, however local law enforcement could.
Wyoming
Legal abortion up to the point of fetal viability*
A judge temporarily blocked the state’s trigger law that prohibits abortion except “when needed to safeguard the woman from a grave danger of dying or significant and irreparable physical impairment to a significant organ” or when the pregnancy resulted from of rape or incest.
The article was updated Dec. 2 2022: This post was updated in order to show the way state laws regarding abortion change since Roe Wade v. Wade was overturned
