Note: This resource is not updated with the most recent policy and legal developments. See our interactive map for the latest state abortion policies in effect.
As of September 1, 2023, updates include total abortion bans in Indiana and North Dakota, a six-week ban in South Carolina, and 12-week bans in North Carolina and Nebraska. Bans have been blocked in Iowa, Utah and Wyoming. Also, the Montana State Supreme Court ruled that the state constitution protects abortion rights, and an abortion ban passed by the legislature will not go into effect as long as the constitution is not amended.
Since the US Supreme Court overturned Roe v. Wade in June 2022, the legal landscape on abortion has shifted dramatically.
Many states have passed near-total bans on abortion with very limited exceptions or banned the procedure early in pregnancy. Courts have blocked some of these bans from taking effect, ushering in a chaotic legal landscape that is disruptive for providers trying to offer care and patients trying to obtain it.
The developments since Dobbs v. Jackson Women’s Health Organization was decided support our initial analysis from October 2021 predicting that 26 states were certain or likely to ban abortion in the absence of Roe—with two exceptions, Michigan and South Carolina.
Michigan was included as a state certain to ban abortion because it had not repealed its pre-Roe abortion ban. However, in the November 2022 elections, Michigan voters overwhelmingly approved an amendment to the state constitution protecting abortion rights, making it virtually impossible for the pre-Roe ban to go into effect.
South Carolina was considered certain to ban abortion because it had enacted a six-week abortion ban in 2021. However, the South Carolina Supreme Court struck down that ban in January 2023, holding that the right to privacy in the state’s constitution includes the right to an abortion. A majority of lawmakers in the South Carolina legislature remain opposed to abortion rights and may consider another gestational age ban in the future, but the state is unlikely to adopt a ban before six weeks of pregnancy.
These victories bring the number of states that have already banned abortion or are likely to do so down from 26 to 24—still a staggering number that means millions of people are being denied the right to bodily autonomy and access to critical health care. When people do not have access to abortion care in their state, they are forced to make the difficult decision to travel long distances for care, self-manage an abortion or carry an unwanted pregnancy to term.
Here’s where abortion bans and restrictions stand in these 24 states and what we’re expecting in the months to come, as states enter the first legislative sessions in 50 years without Roe:
States Where Abortion Is Banned
As of January 9, 2023, 12 states are enforcing a near-total ban on abortion with very limited exceptions. In five of these states, the ban is being challenged in court but remains in effect. A court has blocked enforcement of a pre-Roe ban in West Virginia while it is being challenged in court.
1. Alabama—Near-total ban
2. Arkansas—Near-total ban
3. Idaho—Near-total ban
- A legal challenge to this ban, which seeks to expand the exceptions allowed under the ban, is pending in federal court.
4. Kentucky—Near-total ban
- A legal challenge to this ban is pending in state court.
5. Louisiana—Near-total ban
- A legal challenge to this ban is pending in state court.
6. Mississippi—Near-total ban
7. Missouri—Near-total ban
8. Oklahoma—Near-total ban
- A legal challenge to this ban is pending in state court.
9. South Dakota—Near-total ban
10. Tennessee—Near-total ban
11. Texas—Near-total ban
- A legal challenge to this ban, which seeks to expand the exceptions, is pending in federal court.
12. West Virginia—Near-total ban
- A separate pre-Roe ban has been blocked from enforcement while a legal challenge is pending in state court.
States Where Abortion Is Unavailable
In two states, abortion care is unavailable even though a ban is not being enforced. Legal challenges are ongoing in both states.
13. North Dakota—Sole clinic moved to Minnesota
- A legal challenge to the state’s near-total ban is pending in state court, even though no abortion clinics are operating in the state.
14. Wisconsin—Clinics stopped providing abortion because the enforcement status of the state’s pre-Roe ban is unclear.
- A legal challenge to this ban is pending in state court.
States with Gestational Age Bans in Effect
In four states, laws prohibiting abortion after a specific point in pregnancy, which would have been unconstitutional under Roe, are in effect. These bans limit people’s ability to obtain abortion care.
15. Arizona—15-week ban
- A legal challenge to this ban is pending in state court.
16. Florida—15-week ban
- A legal challenge to this ban is pending in state court.
- The legislature may take up an earlier gestational age ban in the 2023 session.
17. Georgia—Six-week ban
- A legal challenge to this ban is pending in state court.
18. Utah—18-week ban
- A near-total ban has been blocked from enforcement while a legal challenge is pending in state court.
States with Bans Currently Blocked by Courts
In three states, near-total bans or early-gestational-age bans have been blocked by state courts and are not in effect, allowing abortion services to continue for now. However, legislators in these states have demonstrated that they intend to ban abortion.
19. Indiana—A near-total ban has been blocked from enforcement while a legal challenge is pending in state court.
20. Wyoming—A near-total ban has been blocked from enforcement while a legal challenge is pending in state court.
21. Ohio—A six-week ban has been blocked from enforcement while a legal challenge is pending in state court.
- The legislature may take up a near-total ban in its 2023 session.
Additional States That May Ban or Restrict Abortion
In three states, anti-abortion policymakers who control the legislature and governorship have indicated that they want to ban abortion soon, but abortion care remains available for now.
22. Iowa—Earlier in 2022, the Iowa Supreme Court ruled that the state constitution no longer protects abortion rights, opening the door for a new ban.
23. Montana—After the Dobbs decision, the governor asked the Montana Supreme Court to revisit a ruling from 1999 that held the state constitution protects abortion rights. However, state courts have remained committed to protecting abortion rights over the past 23 years, even though a majority of legislators and the current governor oppose abortion rights.
24. Nebraska—In 2022, an attempt to pass a near-total ban failed in the legislature. Lawmakers may again attempt to ban abortion during the 2023 legislative session.
In two other states—Kansas and North Carolina—the legislature is hostile to abortion rights, while the governor supports access to abortion. We consider these states much less likely than the 24 other states to enact a near-total or early-gestational-age ban in the coming months.
