Indiana became the first state to pass a nearly complete abortion ban after the fall of roe. The ban went into effect on September 15, but was temporarily blocked on September 22.
In Kansas, voters rejected a state constitutional amendment that would have abolished abortion protection. If passed, it would have enabled the state’s conservative legislature to enact an almost complete ban on abortion.
In 20 states and the District of Columbia, abortion is legal, widely available, and likely protected. Access to abortion in some states will depend on midterm elections.
States with an abortion ban
Under this first wave, the anti-abortion laws to come into effect — the “trigger bans” — all work a little differently. Some were activated immediately or as soon as a designated state official confirmed the court’s decision. Others would take effect 30 days after the June 24 decision was announced, or within a specified period of time after the decision was certified.
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Most laws do not contain exceptions for rape and incest. And maternal life exceptions are vague and will leave many doctors wondering whether to choose between breaking the law or breaking their oaths, they told the Post.
Other states without “trigger bans” have pre-roe abortion prohibits that — in the absence of roe – have come into force again.
States with a ban recently blocked by courts
Bans in several states are currently blocked by courts, while several legal proceedings are underway. Abortion rights groups and providers have challenged some previous laws as outdated and lacking clarity.
States where abortion is legal, but may be under threat
In Pennsylvania and Michigan, Democratic governors are building a firewall against anti-abortion laws proposed or passed by Republican-led lawmakers. The future of abortion access will depend on the upcoming midterm elections: If anti-abortion Republicans win those governors’ mansions, Republican lawmakers will have a clearer path to ban abortion.
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In Virginia, just hours after the Supreme Court ruling, Republican Chief Executive Glenn Youngkin said he had instructed four state lawmakers — all anti-abortion Republicans — to write legislation to ban most abortions after 15 weeks of pregnancy.
While Florida has passed a 15-week abortion ban, which would allow more than 90 percent of abortions to continue, lawmakers in the Republican-led state could try to move forward in the coming months or years.
States where abortion is legal and likely to be protected
Many states have passed laws that explicitly protect the right to abortion, and several countries have added these protections this year pending the Supreme Court ruling. Elsewhere, state courts have protected access to abortion through state constitutions and previous court decisions.
New Mexico and New Hampshire don’t have that explicit protection, but their state legislators are unlikely to ban the procedure.
Here’s the latest on how the court’s decision is progressing, state by state:
An earlier version of this image erroneously stated that the governors of Pennsylvania and North Carolina must be re-elected. They are time bound.
Bonnie Berkowitz and Eugene Scott contributed to this report.
Weeks of pregnancy are calculated since the last menstrual period. fetal viability is generally considered to be around 23 or 24 weeks, but there is no universal consensus. Life threat is defined differently in different states. Medical emergencies can be cases of seriously compromised health, danger or physical health problems.
Sources: message reporting; Elizabeth Nash, chief policy officer for state issues at the Guttmacher Institute; Center for Reproductive Rights. Edited by Kevin Uhrmacher and Peter Wallsten. Copy edited by Carey L. Biron.