The U.S. Supreme Court on Friday overturned Roe v. Wade, the 1973 decision that had provided a constitutional right to abortion
The U.S. Supreme Court on Friday overturned Roe v. Wade, the 1973 decision that had provided a constitutional right to abortion. The ruling is expected to lead to abortion bans in roughly half the states. In anticipation of the decision, several states led by Democrats have taken steps to protect abortion access.
The decision also sets up the potential for legal fights between the states over whether providers and those who help women obtain abortions can be sued or prosecuted. Here is an overview of abortion legislation and the expected impact of the court’s decision in every state.
Alabama
Political control: Alabama has a Republican-controlled legislature and a Republican governor who want to ban or restrict access to abortions.
Background: In 2019, Alabama lawmakers approved what was then the most stringent abortion ban in the country, making it a felony to perform an abortion at any stage of pregnancy with no exceptions for pregnancies resulting from rape or incest. The only exception would be when the woman’s health was at serious risk. A federal judge issued an injunction, under the precedent of Roe v. Wade, blocking the state from enforcing the law. In 2018, voters agreed to amend the Alabama Constitution to say the state recognizes the “rights of unborn children” and “does not protect the right to an abortion or require the funding of abortion.”
Effect of Supreme Court ruling: If the U.S. Supreme Court overturns Roe v. Wade, nothing will change immediately, but the stage would be set for a court fight and access to abortion could be curtailed. Alabama Attorney General Steve Marshall, a vocal critic of Roe, has said his office would move to dissolve the injunction blocking enforcement of the 2019 abortion ban. Marshall said the state would also move to lift other injunctions that blocked previous attempts to implement abortion restrictions, including a ban on abortion clinics near schools and a ban on the most common method for second trimester abortions.
What’s next: Some Republican lawmakers have said they would like to see the state replace the 2019 ban with a slightly less stringent bill that would allow exceptions in cases of rape or incest. Proponents said the 2019 ban was deliberately strict in the hopes of sparking a court challenge to Roe.
Alaska
Political control: Republicans currently hold a majority of seats in the state Legislature, but the House is controlled by a bipartisan coalition composed largely of Democrats. Fifty-nine of the Legislature’s 60 seats are up for election this year. Gov. Mike Dunleavy, a Republican who believes life begins at conception, is seeking reelection.
Background: The Alaska Supreme Court has interpreted the right to privacy in the state constitution as encompassing abortion rights.
Effect of Supreme Court ruling: A decision either way by the U.S. Supreme Court is not expected to immediately affect abortion rights in Alaska, given the existing precedent in the state.
What’s next: Voters in the fall will be asked if they want to hold a constitutional convention, a question that comes up every 10 years. Many conservatives who want to overhaul how judges are selected and do away with the interpretation that the constitution’s right to privacy clause allows for abortion rights see an opportunity in pushing for a convention. Recent efforts to advance a constitutional amendment through the Legislature have been unsuccessful.
Arizona
Political control: Both legislative chambers are controlled by Republicans, who regularly pass abortion restrictions that for the past eight sessions have been quickly signed by Republican Gov. Doug Ducey, an abortion opponent.
Background: Arizona law allows abortion through about 22 weeks, but the Legislature passed a 15-week abortion ban in March mirroring the Mississippi law currently being contested before the U.S. Supreme Court. It will take effect 90 days after the Legislature adjourns, which is expected in late June. Current restrictions include bans on abortions because of gender and a 2021 law that makes it a felony for a doctor to terminate a pregnancy because the child has a survivable genetic abnormality. Arizona also has a pre-statehood law still on the books that would ban all abortions, although it has not been enforced since Roe was decided.
Effect of Supreme Court ruling: If the U.S. Supreme Court upholds the Mississippi law, the new 15-week ban would take effect as planned. If it overturns Roe, Ducey has argued in media interviews that the law he signed in late March takes precedence over the total ban that remains on the books. But the law he signed specifically says it does not overrule the total abortion ban in place for more than 100 years. Ducey is term-limited and leaves office in January.
What’s next: Abortion-rights supporters in Arizona have launched a long-shot bid to enshrine the right to abortion in the state constitution. Rolled out weeks after the draft U.S. Supreme Court decision showing Roe could be overturned was leaked, backers must collect more than 356,000 signatures by July 7 to get the initiative on the November ballot. Voters would then be able to decide.
Arizona interactive summary: Arizona passed a 15-week abortion ban in March mirroring the Mississippi law that
Arkansas
Political control: Arkansas’ legislature is controlled by Republicans who have supported dozens of abortion bans and restrictions in recent years. Republican Gov. Asa Hutchinson also has supported bans on abortion with some exceptions. He’s term-limited and leaves office in January. Republican nominee Sarah Sanders, press secretary to former President Donald Trump, is widely favored in the November election to succeed him.
Background: Arkansas law currently bans most abortions 20 weeks into a woman’s pregnancy, with exceptions for rape, incest and the life of the mother. The state has several other bans that have been struck down or blocked by the courts in recent years, including an outright abortion ban enacted last year that doesn’t include rape or incest exceptions. That ban has been blocked by a federal judge, and the state has appealed the ruling.
Effect of Supreme Court ruling: If the U.S. Supreme Court overturns Roe v. Wade, the 20-week ban could be restored. Legal experts say formal action would have to be taken to dismiss the earlier court rulings striking it down. State Attorney General Josh Stein is a Democrat and abortion rights supporter. Republican lawmakers could try to force action themselves.
What’s next: Republican General Assembly leaders have low expectations of additional abortion restrictions coming during the soon-to-end legislative session, meaning a likely intensification of electoral efforts to gain the five additional seats the GOP needs to reach veto-proof margins come 2023. Cooper and other Democrats already are making abortion rights a key campaign pitch. Abortion politics are also expected to figure in two state Supreme Court seat elections in November. Republicans would gain a majority on the court if they win at least one of them.
North Dakota
Political control: North Dakota has a legislature dominated by Republicans who want to ban abortion, and the GOP governor wants to see Roe v. Wade wiped off the books in favor of state’s rights.
Background: The state has passed some of the nation’s strictest abortion laws, including one that would have banned abortions once a fetal heartbeat can be detected, which can happen before a woman knows she is pregnant. The law never took effect because the state’s lone abortion clinic successfully challenged it in court. One failed Republican proposal would have charged abortion providers with murder with a maximum sentence of life in prison.
Effect of Supreme Court ruling: If the U.S. Supreme Court overturns Roe v. Wade, North Dakota has a trigger law that would shut down the state’s sole abortion clinic in Fargo after 30 days. That 2007 state law makes it a felony to perform an abortion unless necessary to prevent the pregnant woman’s death or in cases of rape or incest. Violators could be punished with a five-year prison sentence and a $10,000 fine.
What’s next: The owner and operator of the Red River Women’s Clinic in Fargo said she would explore all legal options to ensure abortion services are available in North Dakota. Should that fail, clinic leader Tammi Kromenaker plans to move across the river to Moorhead, Minnesota, where abortion has not been outlawed. Planned Parenthood says it can provide abortions in Moorhead until Kromenaker gets up and running.
Ohio
Political control: The Ohio Legislature is controlled by Republicans who support restricting or banning abortions, and the Republican governor backs those efforts. He is up for reelection this year against a former mayor who supports abortion rights.
Background: Under current law, Ohio does not ban most abortions until the 22nd week of pregnancy; after that they’re allowed only to save a patient’s life or when their health is seriously compromised. But the state imposes a host of other restrictions, including parental consent for minors, a required ultrasound, and in-person counseling followed by a 24-hour waiting period. Abortions are prohibited for the reason of a fetal Down syndrome diagnosis. Ohio also limits the public funding of abortions to cases of rape, incest or endangerment of the patient’s life. It limits public employees’ abortion-related insurance coverage and coverage through health plans offered in the Affordable Care Act health exchange to those same scenarios. Clinics providing abortions must comply with a host of regulations.
Effect of Supreme Court ruling: If the Supreme Court overturns Roe v. Wade, nothing will change immediately in Ohio. Two trigger bills are on hold in the Legislature, but a key legislative leader has said he anticipates needing to write new legislation after the decision is reversed that more carefully reflects the actual ruling. That all but certainly would not happen until lawmakers return to the capital after the November election. Quicker action could take place in the courts, where several Ohio laws restricting abortions have been temporarily blocked. That includes a ban on most abortions at the first detectable fetal heartbeat, as early as six weeks into pregnancy, which is likely to be unblocked and become effective if Roe is reversed.
What’s next: It is not clear what will happen next in Ohio. Activists are considering how to help Ohioans get abortions elsewhere. They may also mount a statewide ballot initiative that would embed the right to an abortion in the state constitution, though that could not happen before next year. Abortion opponents are weighing strategies for imposing a statewide abortion ban if Roe is overturned.
Oklahoma
Political control: Republicans in Oklahoma have a supermajority in both chambers of the Legislature and a Republican governor up for reelection this year who has vowed to sign “every pro-life legislation that came across my desk.”
Background: Abortion services were halted in Oklahoma in May after Gov. Kevin Stitt signed a bill that prohibits all abortions with few exceptions. The ban is enforced by civil lawsuits rather than criminal prosecution. Republican lawmakers have been pushing to restrict abortion in the state for decades, passing 81 different restrictions since Roe v. Wade was decided in 1973, according to the Guttmacher Institute.
Effect of Supreme Court ruling: A ruling from the U.S. Supreme Court would have little practical effect given that abortions are no longer being provided in Oklahoma. However, because several Oklahoma abortion laws still are facing legal challenges in lower courts, it’s possible that the abortion bans in place could be temporarily lifted. Oklahoma also has a “trigger law” that would outlaw abortion immediately if Roe or Planned Parenthood v. Casey were overturned.
What’s next: Given the fierce opposition to abortion from the governor and Legislature, Oklahoma will continue to prohibit the practice if states are given the option to do so. Meanwhile, abortion providers who had been operating in the state are taking steps to help patients seek abortions out of state, including coordinating funding for these women and developing a referral network of therapists to help address complications before or after a woman receives an abortion.
Oregon
Political control: The Democrats who control the Oregon Legislature support access to abortion, as does the state’s Democratic governor.
Background: The Oregon Legislature passed a bill legalizing abortion in 1969. In 2017, Gov. Kate Brown signed into law a bill expanding health care coverage for reproductive services, including abortions, to thousands of Oregonians, regardless of income, citizenship status or gender identity. Oregon does not have any major abortion restrictions and it is legal at all stages of pregnancy.
Effect of Supreme Court ruling: The Guttmacher Institute has estimated that Oregon would experience a 234% increase in women coming from out of state, especially from Idaho, if the high court overturns Roe v. Wade. In March, Oregon lawmakers approved $15 million to expand abortion availability and pay for abortions and support services such as travel and lodgings for residents and out-of-state patients.
What’s next: Brown said after the draft Supreme Court decision was leaked that access to abortion is a fundamental right and that she will fight to ensure access to abortion continues to be protected by state law in Oregon. Democratic state lawmakers recently formed the Reproductive Health and Access to Care Work Group of providers, clinics, community organizations and legislators that will make recommendations for the 2023 legislative session and beyond. Recommendations may include proposals to protect, strengthen, and expand equitable access to all forms of reproductive care.
Pennsylvania
Political control: Republicans who control the Pennsylvania Legislature are hostile to abortion rights, but the state’s Democratic governor is a strong supporter and has vetoed three GOP-penned bills in five years that would have added restrictions beyond the state’s 24-week limit. The race for governor this year could tilt that balance.
Background: Abortion is legal in Pennsylvania under decades of state law, including a 1989 law that was challenged all the way to the U.S. Supreme Court. That produced the landmark Planned Parenthood v. Casey ruling that affirmed the high court’s 1973 decision in Roe v. Wade that legalized abortion nationwide, but also allowed states to put certain limits on abortion access.
Effect of Supreme Court ruling: Gov. Tom Wolf has vowed to protect access to abortion for the remainder of his time in office, through January. Running to replace him is the state’s Democratic attorney general, Josh Shapiro, who supports abortion rights, and Republican state Sen. Doug Mastriano, who has said he supports banning abortion altogether, with no exceptions. The Legislature is expected to remain in Republican hands next year.
What’s next: Legislation to outlaw abortion after the detection of a fetal heartbeat — which can happen at six weeks, before many women even know they are pregnant — has passed a House committee and is awaiting a floor vote. The state Supreme Court is considering a lawsuit filed by Planned Parenthood and other abortion providers aiming to overturn a 1982 law that bans the use of state dollars for abortion, except in cases of rape, incest or to save the life of the mother. In response, Republican lawmakers are advancing a proposed amendment that would declare there is no constitutional right to an abortion in Pennsylvania or to public funding for an abortion.
Rhode Island
Political control: The Democrats who control Rhode Island’s General Assembly support access to abortion, as does the Democratic governor.
Background: Rhode Island’s governor signed legislation in 2019 to enshrine abortion protections in case the U.S. Supreme Court overturned its 1973 decision in Roe v. Wade. The law says the state will not restrict the right to an abortion prior to fetal viability or after if necessary to protect the health or life of the pregnant woman. It repealed older laws deemed unconstitutional by the courts. The Rhode Island Supreme Court upheld the 2019 law in May, just two days after the Supreme Court draft opinion was leaked suggesting that a majority of the justices were prepared to overturn Roe. Abortion opponents had argued the law violates the state constitution. In 2020, there were 2,611 abortions in Rhode Island, according to the state health department.
Effect of Supreme Court ruling: Rhode Island’s attorney general believes the 2019 Reproductive Privacy Act will continue to protect access to abortion if Roe is overturned. Planned Parenthood Votes! Rhode Island also said abortion will remain legal regardless of the decision because the right was codified in state law.
What’s next: It’s possible Rhode Island may need to act to protect abortion access for non-resident patients, but that cannot be debated in the legislature until next year’s legislative session. Lawmakers may consider requests for abortion coverage to be added to Rhode Island’s Medicaid program and insurance coverage for state employees.
South Carolina
Political control: South Carolina has a Republican governor, and its General Assembly is dominated by the GOP. However, the party doesn’t quite have the two-thirds majority in either chamber needed to overcome procedural hurdles or a veto if a Democrat wins the 2022 gubernatorial election.
Background: In 2021, South Carolina passed the “Fetal Heartbeat and Protection from Abortion Act” that requires doctors to use an ultrasound to try to detect a fetal heartbeat if they think a pregnant woman is at least eight weeks along. If they find a heartbeat, they can only perform an abortion if the woman’s life is in danger, or if the pregnancy is the result of rape or incest. The law is currently tied up in a federal lawsuit.
Effect of Supreme Court ruling: If the U.S. Supreme Court overturns Roe v. Wade, the 2021 law likely will go into effect. If the court’s ruling is less expansive, then the state’s current ban on abortion after the 20th week of pregnancy will remain while the 2021 law continues through the federal court system.
What’s next: The South Carolina General Assembly’s regular session ended in May, but Republican leaders agreed they could return for a special session to take up more restrictive abortion bills if the U.S. Supreme Court overturns Roe v. Wade. Some Republicans in the Legislature have opposed a complete abortion ban, especially without exceptions for victims of rape and incest.
South Dakota
Political control: Republicans hold super-majorities in both Statehouse chambers. Republican Gov. Kristi Noem is up for reelection this year and has been an ardent opponent of abortion rights.
Background: Under current law, South Dakota bans abortions after the 22nd week of pregnancy. The state has only one clinic that regularly provides abortions, a Planned Parenthood facility in Sioux Falls. The legislature has worked over the years to make it more difficult for women to get abortions, passing mandatory waiting periods and requiring them to review and sign paperwork that discourages them from ending their pregnancies.
Effect of Supreme Court ruling: If the U.S. Supreme Court overturns Roe v. Wade, South Dakota has a trigger law that would immediately ban abortions except if the life of the pregnant woman is at risk.
What’s next: Noem has said she plans to call a special session to craft laws for the new legal landscape if Roe v. Wade is overturned. She hasn’t commented on specific legislation, but lawmakers have floated proposals that would make it more difficult for women to seek an abortion out of state. However, South Dakota voters rejected outright bans in 2006 and 2008, and abortion rights advocates are preparing for a similar referendum on abortion access. An outright ban on abortions could eventually be challenged through a citizen-initiated ballot measure.
Tennessee
Political control: Tennessee has a Republican governor who is consistently vocal about his opposition to abortion. The GOP holds a supermajority in the state legislature and has steadily chipped away at abortion access.
Background: In 2020, Tennessee passed a law banning most abortions when the fetal heartbeat can be detected at about six weeks, before many women know they’re pregnant. The measure has never been enforced because it was promptly blocked by a federal court. Tennessee voters approved an amendment in 2014 declaring that the state’s constitution doesn’t protect or secure the right to abortion or require the funding of an abortion, and empowering state lawmakers to “enact, amend, or repeal statutes regarding abortion.” State law also doesn’t allow providers to dispense abortion medications through telemedicine consultations. There are six abortion providers in Tennessee.
Effect of Supreme Court ruling: If the U.S. Supreme Court overturns Roe v. Wade, a so-called trigger law will go into effect that bans all abortions in Tennessee except when necessary to prevent death or “serious risk of substantial and irreversible impairment of a major bodily function.” Doctors could be charged with a felony for providing an abortion under this law, which would take effect 30 days after the Supreme Court’s decision is announced.
What’s next: It’s unclear if the trigger law conflicts with the 2020 law banning most abortions at about six weeks. The state’s attorney general, a Republican, has not publicly weighed in. Meanwhile, Republicans are expected to continue to have supermajority control after this year’s midterm elections. Reproductive rights activists say they will direct patients seeking abortion to clinics in Illinois if Roe v. Wade is overturned, or to Florida, which would ban abortions at 15 weeks. North Carolina and Virginia could also be options for women in eastern Tennessee.
Texas
Political control: The GOP has commanding majorities in the Texas Legislature and has controlled every statewide office for nearly 30 years. Republican Gov. Greg Abbott is up for reelection in November and is favored to win a third term.
Background: Texas has given the nation a preview of the landscape of abortion access if Roe v. Wade is overturned. A new Texas law banning most abortions after about six weeks — before many women know they are pregnant — took effect in September and makes no exceptions in cases of rape or incest. Because of how Republicans wrote the law, which is enforceable only through lawsuits filed by private citizens against doctors or anyone who helps a woman obtain an abortion, Texas has essentially outmaneuvered decades of Supreme Court precedent governing a women’s constitutional right to an abortion. State data shows the number of abortions performed in Texas’ roughly two dozen clinics fell by half in the five months after the law came into effect compared to the same period a year earlier.
Effect of the Supreme Court ruling: Texas had more than 40 abortion clinics in 2012 before a decade of Republicans chipping away at abortion access began forcing providers to close. If Roe v. Wade is overturned, Texas would ban virtually all abortions 30 days after the ruling. Abortions would only be allowed when the patient’s life is in danger or if they are at risk of “substantial impairment of a major bodily function.”
What’s next: Many Texas women have already traveled out of state for abortions since the law took effect, but they would likely have to travel much farther if Roe v. Wade is overturned as more states outlaw abortion. Some Republican lawmakers also want to punish companies that help their Texas-based employees get abortions elsewhere, although it’s unclear how much support that idea will have when the Legislature returns in 2023.
Utah
Political control: Utah is deeply conservative and the Legislature is controlled by a Republican supermajority.
Background: The state has been restricting abortion for years, including a ban after 18 weeks passed in 2019 that’s now blocked in court. The following year, lawmakers passed a “trigger law” that would outlaw nearly all abortions if Roe v. Wade was overturned.
Effect of Supreme Court ruling: Utah has a law designed to go into effect if Roe v. Wade is overturned that would ban nearly all abortions. It would be enforceable after the legislative general counsel certifies the ruling to lawmakers. It does have narrow exceptions for rape and incest if those crimes are reported to law enforcement, and for serious risk to the life or health of the mother, as well as confirmed lethal birth defects. If the U.S. Supreme Court decides to uphold the Mississippi law banning abortions after 15 weeks, Utah’s 18-week ban could go into effect.
What’s next: If the Supreme Court tosses out Roe, Utah law makes performing an abortion a felony punishable by up to 15 years in prison and a $10,000 fine. While it’s aimed primarily at providers, lawmakers have acknowledged that a woman who self-administers an abortion, including through medication, could potentially face charges.
Vermont
Political control: The Vermont Legislature is controlled by Democrats, but Republican Gov. Phil Scott is a firm supporter of abortion rights.
Background: Vermont has a 2019 law guaranteeing the right to an abortion and voters will consider a proposal in November to amend the state constitution to protect abortion rights. Also in 2019, the Vermont Legislature began the process of amending the constitution to protect abortion rights, known as the Reproductive Liberty Amendment or Proposition 5. Vermont’s proposed amendment does not contain the word “abortion.” Proponents say that’s because it’s not meant to authorize only abortion but also would guarantee other reproductive rights such as the right to get pregnant or access birth control. Opponents say vague wording could have unintended consequences that could play out for years. Lawmakers approved the proposed amendment in February, leading the way for a statewide vote.
Effect of Supreme Court ruling: If the U.S. Supreme Court overturns Roe v. Wade, nothing will change immediately in Vermont.
What’s next: Vermont voters will cast ballots in November to decide if the state will amend its constitution to protect abortion rights.
Virgina
Political control: Virginia has a Republican governor who says he would support new state-level restrictions on abortion and a divided General Assembly. Republicans control the state House and Democrats lead the state Senate.
Background: In recent years, when Democrats were in full control of state government, lawmakers rolled back abortion restrictions. They ended strict building code requirements on facilities where abortions are performed and did away with requirements that a patient seeking an abortion undergo a 24-hour waiting period and ultrasound. Advocates said the changes would make Virginia a haven for abortion access in the South. Republican victories in the November elections shook up the state’s political landscape, but Senate Democrats defeated several measures that would have limited abortion access during the 2022 legislative session.
Effect of Supreme Court ruling: There will be no immediate change to abortion laws in Virginia if Roe v. Wade is overturned. Some abortion providers expect to see an uptick in patients seeking care in Virginia from neighboring states with “trigger laws” that would ban abortion.
What’s next: The future of abortion access is Virginia is murky. Gov. Glenn Youngkin has indicated he would support an abortion ban around 20 weeks of a pregnancy, though he generally supports exceptions in cases of rape, incest or to save a mother’s life. He has not specified how he would proceed if Roe v. Wade is overturned. Senate Democrats say they intend to continue blocking attempts to roll back abortion access, though they control the chamber by the narrowest possible margin and have one caucus member who personally opposes abortion and says he is open to new restrictions. Republicans also have a narrow hold on the House, with several moderate members. Every seat in the General Assembly will be on the ballot in 2023.
Washington
Political control: The Democrats who control the Washington Legislature support access to abortion, as does the state’s Democratic governor.
Background: Abortion has been legal in Washington state since a 1970 statewide ballot referendum. Another ballot measure approved by voters in 1991 declared a woman’s right to choose physician-performed abortion prior to fetal viability and further expanded and protected access to abortion in the state if Roe v. Wade was overturned. And in 2018, the Legislature passed a measure that would require Washington insurers offering maternity care to also cover elective abortions and contraception. Earlier this year, Gov. Jay Inslee signed a measure that grants specific statutory authorization for physician assistants, advanced registered nurse practitioners and other providers acting within their scope of practice to perform abortions. Supporters say the move is designed to help meet the demand from the potential influx of out-of-state patients. That same measure also prohibits legal action by Washington state against people seeking an abortion and those who aid them.
Effect of Supreme Court ruling: The state “will use every available tool to protect and preserve Washingtonians’ fundamental right to choose, and protect the rights of anyone who wants to come here to access reproductive health care,” said Attorney General Bob Ferguson, a Democrat. Data from the Washington state Department of Health from 2020 shows that of the 16,909 abortions performed in the state that year, 852 involved non-residents. The majority of those people came from neighboring states such as Idaho and Oregon.
What’s next: It’s impossible to predict how many more non-resident patients will potentially seek care in Washington if Roe v. Wade is overturned, but the increase will likely be in the thousands, said Jennifer Allen, CEO of Planned Parenthood Alliance Advocates.The state has more than 30 in-person abortion clinics, though the vast majority are in western Washington along the Interstate 5 corridor.
West Virginia
Political control: West Virginia has a legislature controlled by Republicans who want to ban or restrict access to abortions. Gov. Jim Justice, a Republican, opposes abortion access and has signed two anti-abortion laws since taking office in 2017.
Background: West Virginia currently bans abortion after the 20th week of pregnancy unless a patient’s life is in danger, or they face “substantial and irreversible physical impairment of a major bodily function.” Patients seeking abortions must wait 24 hours after undergoing legislatively mandated counseling designed to discourage abortions. A minor who wants an abortion must obtain parental permission. The use of telemedicine to administer a medication abortion is outlawed. The state also bars patients from getting abortions because they believe their child will be born with a disability. The House of Delegates this year passed a 15-week abortion ban like the Mississippi law under review by the U.S. Supreme Court, but it died in the Senate.
Effect of Supreme Court ruling: It’s unclear what the effect the overturning of Roe v. Wade would have on abortion access in West Virginia. The state has had a law banning abortion on the books since 1848; Under that law, providers who perform abortions can face felony charges and three to 10 years in prison, unless the abortion is conducted to save a patient’s life. In 2018, West Virginia voters approved a constitutional amendment to declare patients do not have the right to abortion and banning state funding for abortions.
What’s next: West Virginia lawmakers could introduce new legislation restricting abortion access when they return to the Capitol in January, but they could return sooner if called into a special session. West Virginia only has one clinic that performs abortions. Women’s Health Center of West Virginia Executive Director Katie Quinonez said if abortion access is outlawed, the clinic will continue to provide reproductive care, such as birth control and STI diagnosis and treatment. She said the clinic will help women travel to other states for abortions through its abortion fund.
Wisconsin
Political control: Wisconsin has a legislature controlled by Republicans who want to ban or restrict access to abortions but a Democratic governor who supports access and is up for reelection this year.
Background: Wisconsin allows most abortions until the 22nd week of pregnancy to save the health or life of the mother. A woman seeking an abortion must meet with a counselor and doctor before obtaining an abortion and wait at least 24 hours before having it done. Anyone under age 18 must have an adult relative over age 25 with them to obtain an abortion.
Effect of Supreme Court ruling: If the U.S. Supreme Court overturns Roe v. Wade, it is presumed that a state law passed in 1849 making an abortion a felony offense would go into effect. However, Wisconsin’s Democratic attorney general argues that the law is so old that it’s unenforceable. The language allows a woman to legally destroy her own fetus or embryo and grants immunity if an abortion is needed to save a woman’s life and is performed at a hospital. Another state law, passed in 1985, prohibits abortions performed after a fetus reaches viability — when it could survive outside the womb — conflicting with the 1849 ban.
What’s next: Republican lawmakers are expected to attempt to clarify the 1849 law to ensure there is a ban in place if Roe v. Wade is overturned, even as that issue is fought in the courts. However, lawmakers’ efforts would be stymied if Democratic Gov. Tony Evers wins reelection. Wisconsin’s Republican Assembly Speaker Robin Vos has said he supports an exception in cases of rape and that a ruling on Roe could force lawmakers to consider other related reproductive issues such as contraception. Other Republicans will push for more restrictive abortion laws.
Wyoming
Political control: Wyoming has one of the most Republican legislatures in the U.S. and a long tradition of libertarian-type if not always social or religious conservatism. That may be changing. In March, Republican Gov. Mark Gordon signed into law a bill that would ban abortion in nearly all instances should the Supreme Court overturn Roe v. Wade.
Background: Current Wyoming law allows abortions up to when a fetus might be able to survive on its own outside its mother’s body. The law does not specify when that happens, but it is generally considered to be at around 23 weeks into pregnancy. Wyoming currently doesn’t allow abortions after then except to protect the mother from substantial risk to her life or health. Wyoming Republicans have traditionally taken a hands-off approach to abortion but have proven more willing to limit the practice lately. The number of Democrats in the Legislature has dwindled from 26 in 2010 to just nine out of 90 total seats now. A 2021 law requires physicians to provide lifesaving care to any aborted fetus born alive.
Effect of Supreme Court ruling: The new state law that would ban abortion if Roe were overturned only provides exceptions in cases of rape or incest or to protect the mother’s life or health, not including psychological conditions. Though Wyoming has no abortion clinics, abortions still occur. Ninety-eight took place in Wyoming in 2021, according to state officials.
What’s next: A planned women’s health clinic in Casper that would be the only one offering abortions in the state was on track to open in mid-June but an arson fire May 25 delayed those plans by around six months. Police continue to look for a suspect in the arson investigation, and have offered a $5,000 reward for information leading to an arrest.
Associated Press statehouse reporters from across the U.S. contributed.
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