Post-Roe State of the States

Alabama
Abortion is now limited to the preservation of the life or health of the mother. Ala. Code § 13A-13-7.
Alaska

State Supreme Court has read a right to abortion into the state constitution.

“[T]he right to an abortion is the kind of fundamental right and privilege encompassed within the intention and spirit of Alaska’s constitutional language.” Valley Hosp. Ass’n, Inc. v. Mat-Su Coalition for Choice, 948 P.2d 963, 968 (Alaska 1997).

Arizona
State law would limit abortion to the saving of the life of the mother. Ariz. Rev. Stat. Ann. § 13-3603.
Arkansas
Arkansas Human Life Protection Act would limit abortion to the saving of the life of the mother. Ark. Code Ann. §§ 5-61-304.
California
State law declares abortion a fundamental right. CA HSC § 123462.
Colorado
State law places no limits on elective abortions.
Connecticut
By state law, “The decision to terminate a pregnancy prior to the viability of the fetus shall be solely that of the pregnant woman in consultation with her physician.” Conn. Gen. Stat. §19a-602a.
Delaware
State law protects abortion before viability and for the mother’s health and life after viability. Del. Code Ann. tit. 24, § 1790.
Florida
State Supreme Court has read an abortion right into the state constitution’s privacy right. In re T.W., 551 So. 2d 1186 (Fla. 1989).
Georgia
State law restricts abortions after a heartbeat is detected, except in specific circumstances. Ga. Code Ann. § 16-12-141.
Hawaii
State law allows abortion: “The State shall not deny or interfere with a female’s right to choose or obtain an abortion of a nonviable fetus or an abortion that is necessary to protect the life or health of the female.” Haw. Rev. Stat. § 453-16(c).
Idaho
State law limits abortions except when necessary to save the life of the mother and cases of rape or incest. Idaho Code § 18-622.
Illinois
State law establishes a fundamental right to an abortion. 775 ILCS 55.
Indiana
State law bans abortion after viability. Ind. Code 16-34-2-1(a)(1).
Iowa
Similar to what the United States Supreme Court did in Roe, the Supreme Court of Iowa invented a “right” to abortion in the state constitution (Planned Parenthood v. Reinolds, No. 17-1579 (2018)) that will endure beyond the reversal of Roe.
Kansas
Similar to what the United States Supreme Court did in Roe, the Kansas Supreme Court invented a “right” to abortion in the state constitution. Hodes & Nauser, MDs v. Schmidt, No. 114,153 (2019).
Kentucky
Has a trigger law that strictly limits abortions except in cases “to prevent death or substantial risk of death” of the mother. Ky. Rev. Stat. § 311.772.
Louisiana
Has a trigger law that will strictly limit abortions except “to prevent the death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman.” LA RS §40:1061.
Maine
Has a law that essentially codifies Roe and Casey in state law, preserving its policies beyond a possible Court reversal. 22 MRSA §1598.
Maryland
Has essentially codified the Roe/Casey regime in state law, so that the policies will prevail beyond Roe’s reversal. MD Health-Gen Code § 20-209 (2019).
Massachusetts
Similar to what the United States Supreme Court did in Roe, the Supreme Court of Massachusetts invented a “right” to abortion in the state constitution that will continue beyond a possible Roe reversal. Moe v. Secretary of Administration and Finance, 382 Mass. 629 (1981).
Michigan
State law would strictly limit abortion to cases when “necessary to preserve the life” of the mother. Mich. Comp. Laws. §750.14.
Minnesota
Similar to what the United States Supreme Court did in Roe, the Minnesota Supreme Court invented a “right” to abortion in the state constitution that will continue beyond a possible Roe reversal. Doe v. Gomez, 542 N.W.2d 17 (1995).
Mississippi
Has trigger law that would strictly limit abortion to cases “where necessary for the preservation of the mother’s life or where the pregnancy was caused by rape.” Miss. Code Ann. § 41-41-45.
Missouri
Has passed a trigger law that would strictly limit abortion except when performed because of a “medical emergency.” Mo. Rev. Stat. §188.017.
Montana
Montana law preserves the Roe/Casey viability line. And after viability it allows abortion to preserve the life and health of the mother. 50-20-109, MCA.
Nebraska
Nebraska legislation allows abortions before “viability,” and after when there is abuse or neglect or to protect the life or health of the mother. NE Code § 71-6901 (2017), et seq.; 28-325 to 347.
Nevada
“Right” to abortion established by statute and affirmed by referendum (1990) “Within 24 weeks after the commencement of the pregnancy.” And after 24 weeks to preserve the life or health of the mother. NRS §442.250 (1973).
New Hampshire
State statute limits abortion to 24 weeks, except for medical emergencies. HB 2 §37-40 (2021).
New Jersey
No restrictions at any stage of pregnancy.
New Mexico
State statute allows abortion if it is a “justified medical termination.” NM Stat § 30-5-3 (2016). Partial-birth abortion prohibited except to save the life or to “prevent great bodily harm” to the mother, where “no other medical procedure would suffice.” NM Stat § 30-5A-3 (2016).
New York
State statute promotes a “fundamental right” to abortion. NY PBH §2599-AA (2019). Permitted for any reason before 24 weeks, and after if there “is an absence of fetal viability” or for the life or health of the mother. S.240 (2019).
North Carolina
Allows abortion up to 20 weeks, and after for medical emergencies. NC Gen. Stat. Ann. §14-45.1.
North Dakota
Trigger law would make abortion illegal except when intended to prevent the death of the mother, in cases of “gross sexual imposition, sexual imposition, sexual abuse of ward, or incest.” N.D. Cent. Code. § 12.1-31-12.
Ohio
State statute allows abortions before viability up to 20 weeks. And after to prevent death or “serious risk of the substantial and irreversible impairment of a major bodily function” of the mother. OH Rev. Code §2919.17 (2011).
Oklahoma
Pre-Roe statute prohibits abortion “unless the same is necessary to preserve [the mother’s] life.” O.S. §, 21-32-861.
Oregon
No restrictions on the “right” to abortion which the state promotes by forcing private health insurance plans to cover it with no out-of-pocket costs through its Insurance Code. HB 3391.
Pennsylvania
Allows abortion for any reason up to 24 weeks, and after “to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function” of the mother. 18 PA CSA §3204.
Rhode Island
State code authorizes abortion before viability, and after “when necessary to preserve the health or life” of the mother. RI Gen. Laws § 23-4.13-2.
South Carolina
State code authorizes abortion up until the second trimester, and in the third in order “to preserve the life or health” of the mother. SC Code Ann. §§ 44-41-20.
South Dakota
Passed a Roe “trigger law” that would limit abortions to cases where it is deemed necessary “to preserve the life” of the mother. S.D. Codified Laws § 22-17-5.1.
Tennessee
Has a “trigger law” that would limit abortion to cases where it is deemed “necessary to prevent the death… or to prevent serious risk of substantial and irreversible impairment of a major bodily function” of the mother. Tenn. Code Ann. § 39-15-213.
Texas

State “trigger law” would limit abortion to cases where it is deemed necessary to protect the life of the mother or where she faces a serious risk of substantial impairment of major bodily function. TX HB1280 (2021).

Utah

State “trigger law” would limit abortion to cases where it is deemed necessary to avert death or serious risk of substantial and irreversible impairment of major bodily function, and cases of rape or incest.

Utah Code Ann. §§ 76-7a-201 (2020).

Vermont

State has codified “the fundamental right of every individual who becomes pregnant” to have an abortion. the fundamental right of every individual who becomes pregnant

18 V.S.A. § 9493.

Virginia

Abortion will be allowed in almost all circumstances – limited only by an artificial requirement in the third trimester to where “the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.” Va. Code §18.2-72-74.

Washington

State code declares “Every woman has the fundamental right to choose or refuse to have an abortion” prior to viability and limits it after viability to the “life or health” of the mother.

RCW 9.02.100-130.

West Virginia
State code limits abortion to only cases where it is “done in good faith, with the intention of saving the life” of the mother or the child. W. Va. Code §61-2-8.
Wisconsin
State code limits abortion to instances when it is necessary to save the life of the mother. WI Stat § 940.04 (2020).
Wyoming
State code limits abortion after viability to instances where it is necessary to preserve the mother from an imminent peril that substantially endangers her life or health. WY Stat § 35-6-102.