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
† 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states have not repealed their pre-1973 laws but for reasons varying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:
† 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Have repealed pre-Roe prohibitions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states have not repealed their laws prohibiting abortion.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 Part of pre-Roe law repealed.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.