Exploring States With Radical Abortion Laws And Their Numbers

In 2022, the U.S. Supreme Court overturned Roe v. Wade, which had protected a pregnant woman's right to get an abortion. Since then, abortion laws have varied significantly across the United States, with some states prohibiting abortion at all stages of pregnancy, others permitting it up to a certain point, and some allowing abortion throughout a woman's pregnancy. As of October 2024, abortion is illegal in 14 states, with four more banning the procedure after six weeks of pregnancy.

However, some states have reacted by enacting measures to protect abortion access. For example, in 2022, voters in Michigan, California, and Vermont voted to enshrine abortion rights in their state constitutions, and in 2023, Minnesota passed a bill guaranteeing the right to abortion.

The impact of the overturning of Roe v. Wade on abortion laws

The overturning of Roe v. Wade in June 2022 has had a significant impact on abortion laws in the United States, with abortion policies and reproductive rights now being determined at the state level. The Supreme Court's decision has resulted in a divide between states that have banned abortion and those that have protected or expanded access to it.

States with Abortion Bans

Since the overturning of Roe v. Wade, 14 states have made abortion illegal, with some states attempting to revive pre-Roe abortion bans that had previously been unenforceable. These abortion bans include a range of restrictions, such as pre-viability gestational bans, bans on specific abortion methods, and criminalization of self-managed abortion. Additionally, some states have enacted laws similar to Texas SB 8, which bans abortion at an early gestational age and is enforced through private rights of action, allowing members of the public to sue abortion providers and those assisting them.

States with Protected or Expanded Access to Abortion

On the other hand, 21 states and the District of Columbia have laws or constitutions that protect the right to abortion, with some states going beyond this and creating additional access to abortion care. These expanded access measures include public funding for abortion, the requirement for private insurance plans to cover abortion, unrestricted access for young people, and the inclusion of a broader range of health care practitioners who can provide abortion care.

Impact on Abortion Rights and Access

The overturning of Roe v. Wade has had a significant impact on abortion rights and access across the country. One in three women now live in states where abortion is not accessible, and there are concerns that the lack of access to safe and legal abortion will disproportionately affect communities of color, where systemic racism has historically blocked access to health care. The decision has also led to a rise in abortion "deserts" and "havens", with people in abortion desert states, mainly in the South and Midwest, facing barriers to accessing legal abortion services due to financial and logistical constraints.

Impact on State Laws and Politics

The impact of the overturning of Roe v. Wade extends beyond abortion laws, as states grapple with the implications for other areas of law and policy. For example, the proposed Equal Rights Amendment in New York, which includes sweeping language and terms such as "discrimination", could have implications for transgender rights and sports participation. Additionally, the makeup of the Supreme Court and the nomination of justices who are hostile to abortion rights have played a significant role in shaping the current landscape of abortion laws in the United States.

State-by-state abortion laws

In June 2022, the U.S. Supreme Court overturned Roe v. Wade, which had protected the federal constitutional right to abortion for nearly 50 years. This decision has opened the door for states to ban abortion outright, with 14 states having already done so. The Dobbs ruling means that each state can now create its own laws to limit abortion access or ban it entirely.

The abortion laws in each state vary, and they can be broadly categorized into five groups: Expanded Access, Protected, Not Protected, Hostile, and Illegal.

Expanded Access

The "Expanded Access" category means that the right to abortion is protected by state statutes or state constitutions, and other laws and policies have created additional access to abortion care. States in this category include Vermont, which has codified the "fundamental right" to abortion, and California, which voted to enshrine abortion rights in its state constitution.

Protected

The "Protected" category refers to states where the right to abortion is protected by state law, but there are limitations on access to care. This includes states like Maine, which prohibits abortions after viability except to protect the life of the mother.

Not Protected

The "Not Protected" category includes states where abortion may still be accessible, but it is not protected by state law. In these states, it is unclear if the legislature will enact a ban, but concern is warranted.

Hostile

The "Hostile" category includes states that have expressed a desire to prohibit abortion entirely and are extremely vulnerable to enacting new abortion bans. These states have no legal protections for abortion. Alabama, Louisiana, and Missouri are examples of states with hostile abortion laws.

Illegal

The "Illegal" category comprises states that have criminalized abortion and prohibited it entirely, enforcing these bans through criminal penalties. Thirteen states fall into this category, with ten of them having so-called "trigger laws" intended to outlaw abortion when Roe v. Wade was reversed.

While some states have been working to restrict abortion access, others have been taking steps to protect it. Kansas was the first state to reject a proposed constitutional amendment that would have paved the way for abortion bans. Michigan, California, Vermont, and Minnesota have also taken steps to protect abortion rights.

Public opinion on abortion laws

When broken down by political affiliation, opinions on abortion vary significantly. A majority of Democrats and Democratic leaners (85%) support legal abortion, while a majority of Republicans and Republican leaners (57%) say abortion should be illegal in all or most cases. Conservative Republicans are much more likely to say abortion should be illegal (71%) than liberal or moderate Republicans (31%).

There is also a notable difference in opinion between religious groups. A large majority of religiously unaffiliated Americans (86%) say abortion should be legal in all or most cases, while three-quarters of White evangelical Protestants (73%) say it should be illegal in all or most cases.

Public opinion on abortion also varies with age, with younger people more likely to support legal abortion. Among adults under 30, 76% say abortion should be legal in all or most cases, compared to 57% of those in their 50s and 60s, and 59% of those over 65.

The impact of abortion laws on access to abortion

Abortion laws have a significant impact on access to abortion services, and this impact can vary depending on the specific laws and the context in which they are implemented. In general, restrictive abortion laws can create barriers to access, while progressive reforms can improve access and health outcomes.

The impact of restrictive abortion laws

Restrictive abortion laws can limit access to abortion services by reducing the number of abortion providers, increasing the cost of services, and creating social stigma around abortion. In some cases, restrictive laws may also criminalise abortion, making it difficult for people to seek safe and legal abortion services. This can lead to an increase in unsafe abortions, particularly in developing countries, which can have fatal consequences for women's health and even result in maternal deaths. Restrictive laws can also disproportionately affect low-income individuals, people of colour, immigrants, and non-English speakers, exacerbating existing racial inequities in maternal and neonatal outcomes.

The impact of progressive abortion law reforms

On the other hand, progressive abortion law reforms can improve access to safe and legal abortion services. For example, reforms that expand the grounds on which abortion is permitted or increase the number of healthcare professionals who are authorised to perform abortions can make abortion more accessible to people. Additionally, reforms that decriminalise abortion can reduce the stigma associated with abortion and protect medical professionals from prosecution. Progressive reforms can also improve health outcomes for women, including reductions in maternal morbidity and mortality rates, particularly among vulnerable populations.

The impact of the US Supreme Court's decision on abortion access

The US Supreme Court's decision to overturn Roe v. Wade in 2022 has had a significant impact on abortion access in the country. This decision removed federal protection for abortion access, allowing states to regulate, limit, or ban abortion. As a result, many states have implemented restrictive abortion laws, while others have taken steps to protect abortion access. The current landscape of abortion laws in the US is complex and varies widely from state to state, creating confusion and challenges for individuals seeking abortion services. The impact of these changing abortion laws on access to abortion services in the US is still evolving and being studied, but initial evidence suggests that restrictive laws are creating barriers to access, particularly for individuals from marginalised communities.

The role of the Supreme Court in abortion law

In 1973, the Supreme Court's Roe v. Wade ruling established a constitutional right to abortion, holding that women had a fundamental right to choose whether to have abortions without excessive government restriction. This decision struck down many abortion laws and caused an ongoing abortion debate in the United States. The Court's ruling was based on the concept of a constitutional "right to privacy", which protected a pregnant woman's decision to terminate her pregnancy. The Court also introduced a trimester framework, allowing states to impose minimal medical safeguards during the first trimester, enact medical regulations during the second trimester, and prohibit abortions during the third trimester, except when necessary to protect the mother's life or health.

The Roe v. Wade decision was controversial and faced criticism from various quarters, including legal scholars, politicians, and religious groups. Despite this, the Supreme Court reaffirmed its central holding in the 1992 Planned Parenthood v. Casey decision, although it abandoned the trimester framework in favour of an "undue burden" test.

However, in 2022, the Supreme Court overruled Roe v. Wade and Planned Parenthood v. Casey in the Dobbs v. Jackson Women's Health Organization case. The Court held that the substantive right to abortion was not "deeply rooted in this Nation's history or tradition" and was unknown in U.S. law before Roe v. Wade. This decision opened the door for states to ban abortion outright, with 14 states making abortion illegal following the ruling.

The Supreme Court's rulings on abortion have had a significant impact on state-level abortion laws and access. Some states, such as Alabama, Louisiana, and Missouri, have passed life-affirming legislation, while others, such as Illinois, New York, and Vermont, have codified Roe v. Wade into state law and expanded access to abortion. The Supreme Court's decision to overturn Roe v. Wade has also led to the introduction of novel enforcement mechanisms, such as in Texas, where private citizens are allowed to sue anyone who performs or aids an illegal abortion, effectively bypassing judicial review.

The Supreme Court's role in abortion law continues to be a highly contested and divisive issue, with ongoing debates around the interpretation of the Constitution, the role of state legislatures, and the balance between individual rights and government interests.

Frequently asked questions