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Part 1: Executive Summary
Part 2: Quick Reference Table
Part 3: National Map
Legal Analysis PDF: (Legal Status After Roe)


A Summary of Abortion Laws
If Roe and Doe Are Overruled


ABORTION ALLOWED (42 STATES)

1. Have eliminated old (pre-Roe) laws

Alaska Illinois Minnesota North Carolina Utah 1
California Indiana Missouri Virginia
Connecticut Iowa Montana Ohio Washington
District of Columbia Kansas Nebraska Oregon Wyoming
Florida Kentucky Nevada Pennsylvania  
Georgia Maine New Hampshire South Carolina  
Idaho Maryland New Jersey Tennessee  

† Have state reviewing court rulings that would or may block enforcement of abortion prohibitions.
1 Has enacted post-Roe prohibition; scope of grave medical health exception is uncertain.


2. Have old (pre-Roe) laws that would
not prohibit most abortions

These states have not repealed their pre-1973 laws but for reasons varying with each state (for example, state reviewing court rulings), the existing laws probably won't effectively prohibit most abortions:

Alabama Delaware Mississippi Texas2
Arizona Hawaii New Mexico Vermont
Colorado Massachusetts New York West Virginia


† Have state reviewing court rulings that would or may block enforcement of abortion prohibitions.
2 Status of pre-Roe law uncertain.


ABORTION PROHIBITED (8 STATES)

1. Have repealed pre-Roe prohibitions
but have enacted new ones

Louisiana Life of the mother, narrow physical health exceptions. Trigger statute.
North Dakota Life of the mother, rape, statutory rape & incest exceptions. Trigger statute.
Rhode Island Life of the mother exception.
South Dakota Life of the mother exception. Trigger statute.


2. Have pre-Roe prohibitions

These states have not repealed their laws prohibiting abortion. If Roe is overruled, they would probably be enforceable.

Arkansas No exceptions. Part of pre-Roe law repealed.
Michigan Life of the mother exception.
Oklahoma Life of the mother exception.
Wisconsin Life of the mother exception.

 

According to U.S. Census Bureau 2003 statistics, the states with effective abortion prohibitions constitute just 9.7% of the U.S. population. Based on current abortion rates, even if Roe fell today, more than a million abortions per year are projected to be performed legally.

 

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May be reprinted without permission but with attribution to the Life Legal Defense Fund.