SCOTUS upholds broad access to abortion medication
The Supreme Court on Thursday unanimously preserved access to a medication that was used in nearly two-thirds of all abortions in the U.S. last year, in the court’s first abortion decision since conservative justices overturned Roe v. Wade two years ago.
As the November election draws nearer, one of the many top issues for voters across the country is access to abortion and reproductive care.
After Roe. v. Wade was overturned, new state legislation was passed, trigger laws were enacted and many lawsuits were filed as a result.
More than half of U.S. states ban abortion or restrict the procedure in early pregnancy, but there were also states that enshrined the law as a state-protected right.
RELATED: Abortion access gains support: More Americans opposing federal ban, poll shows
What are Harris and Trump’s views on abortion?
Vice President Kamala Harris has made the issue a cornerstone of her campaign and has called on Congress to pass legislation guaranteeing federal abortion access, a right held by all Americans until it was overturned by the Supreme Court in 2022.
Former President Donald Trump, who is running on the Republican ticket, has often bragged about appointing the justices who overturned Roe v. Wade. When pressed about specifics, the Republican candidate has been elusive about the issue, saying that decisions on access and cutoffs should be left to the states.
Here’s a brief look at where abortion laws stand in each state.
Alabama
Alabama bans abortion at any stage of pregnancy with no exceptions for rape and incest.
The only exception is if it’s needed because pregnancy seriously threatens the pregnant patient’s health, according to The Associated Press.
Alaska
Abortion care is legal and access to care is not restricted based on gestational duration.
State Medicaid funds cover abortion care, according to Guttmacher.
The right to abortion care is protected by state law, according to the state of Alaska Department of Law website.
Arizona
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Fifteen weeks, 6 days or less, it is legal. Past 15 weeks and 6 days, many providers stop offering abortion, according to AbortionFinder.org.
“The law is in flux. Because of ongoing court cases and legislative action, there is a possibility that whether, when, and how abortion is legal in Arizona might change in the future,” according to the Arizona Attorney General website.
Voters in Arizona will decide in November whether to amend the state constitution to add the right to an abortion up to about 24 weeks into pregnancy. The Arizona secretary of state’s office said on Aug. 12 that it had certified enough signatures to put the measure on the ballot.
Arkansas
A ban only exempts abortions to protect the mother’s life in a medical emergency.
You can leave Arkansas and get an abortion out of state.
Keep in mind that some states require a waiting period. This means you may have to schedule an appointment for a counseling session, then wait a required amount of time before having your abortion appointment, according to AbortionFinder.org.
California
Abortion is banned at fetal viability, generally 24-26 weeks of pregnancy. Right to an abortion is protected by the state constitution, according to the Guttmacher website.
California is also a state where you do not have to be a resident to get treatment. You can travel to California if you are unable to get abortion care in your home state, according to California’s official state website.
Colorado
People seeking abortion care are not restricted based on gestational duration, according to Guttmacher.
And just like in California, you do not need to be a resident to seek abortion care in Colorado.
Abortion care is protected by the state constitution, according to the Center for Reproductive Rights.
A measure to enshrine abortion protections in Colorado’s state constitution, along with requirements that Medicaid and private health insurers cover abortion, made the ballot for the fall election.
Supporters said they gathered nearly double the required number of signatures needed.
Amending the state constitution requires the support of 55% of voters.
Connecticut
Access to abortion care is legal in Connecticut, according to Guttmacher.
The only time abortion is banned is at fetal viability, which is generally between 24 and 26 weeks.
The right to abortion care has been codified in state law since 1990, according to Connecticut’s official state website.
District of Columbia
Access to abortion care is legal in D.C., according to the Office of the Attorney General for the District of Columbia website.
Anyone who wishes to travel to D.C. to get abortion from other U.S. states can do so.
Delaware
Abortion care is legal in Delaware, however, it is banned at fetal viability, according to Guttmacher.
However, in certain cases when/if a patient’s health or life is at risk or there is a lethal fetal anomaly, an abortion can be performed after viability, according to the Delaware Department of Justice’s website.
Florida
Abortion is banned at six weeks and later.
There is an exception for saving a patient’s life, as well as in cases involving rape and incest, according to the Florida Legislature website.
However, health care workers are still prevented from performing an abortion on a nonviable pregnancy that they know may become deadly — such as when the fetus is missing organs or implanted outside the uterus — until it actually becomes deadly, according to an Associated Press report.
In November, a measure to legalize abortion until viability could go on the ballot despite a legal challenge from the state. Attorney General Ashley Moody had argued that there are differing views on the meaning of “viability” and that some key terms in the proposed measure are not properly defined.
Georgia
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Georgia law currently prohibits abortions after six weeks, according to the Abortion is Legal website.
The law includes exceptions for rape and incest, as long as a police report is filed, and allows for later abortions when the mother’s life is at risk or a serious medical condition renders a fetus unviable, according to the ACLU Georgia website.
Hawaii
Hawaii law allows abortion until a fetus would be viable outside the womb. After that, it’s legal if a patient’s life or health is in danger. The state legalized abortion in 1970, when it became the first in the nation to allow the procedure at a woman’s request, according to AP.
Idaho
Supreme Court allows emergency abortions in Idaho
The U.S. Supreme Court ruled to allow emergency abortions in Idaho. The 6-3 ruling reinstated a lower court’s decision that Idaho’s abortion ban must yield to a 1986 U.S. law known as the ‘Emergency Medical Treatment & Labor Act.’
Idaho makes it a crime with a prison term of up to five years for anyone who performs or assists in an abortion, according to the AP.
However, in June 2024, the U.S. Supreme Court ruled to temporarily allow abortions in the event of a medical emergency.
Illinois
Abortion in Illinois is legal up until fetal liability, which is between 24 and 26 weeks, according to Guttmacher.
This month (August) Illinois Gov. JB Pritzker signed multiple bills expanding protection over reproductive rights in the state.
The bills included HB581, which makes sure pregnant women can get the emergency medical care they need, HB5239, which strengthens Illinois’ shield laws, and HB4867, which updates the Illinois Human Rights Act to ban discrimination based on reproductive health decisions, according to FOX 32 Chicago.
Indiana
Abortion is completely banned and there’s very limited exceptions, according to Guttmacher.
One of the exceptions is if a woman’s life or health is seriously at risk and even then, the abortion must take place no later than before 22 weeks of pregnancy if a “lethal fetal anomaly” is detected.
There is also an exception for those who are 12 weeks pregnant in cases or rape or incest, according to an NPR report.
Iowa
In Iowa, abortion care is restricted to six weeks, meaning, a patient can’t get an abortion if they are six or more weeks pregnant.
This new ban replaced a previous ban that restricted abortion care at 20 weeks of pregnancy, according to an NPR report.
Kansas
Access to abortion is protected by the Kansas state constitution, according to the Center for Reproductive Rights.
As of July, the state’s highest court reaffirmed these protections.
Kansas doesn’t ban most abortions until the 22nd week of pregnancy, but it requires minors to obtain the written consent of their parents or a guardian. Other requirements, including the 24-hour waiting period and what a provider must tell patients, have been put on hold. A lower court is considering a challenge to them by providers, according to The Associated Press.
Kentucky
Abortion is completely banned in Kentucky with very few exceptions, according to Guttmacher.
The only exceptions are for cases when a pregnant woman’s life is in imminent danger of death or permanent injury, according to an NPR report.
Louisiana
Louisiana has a near-total abortion ban in place, which applies both to medical and surgical abortions. The only exceptions to the ban are if there is substantial risk of death or impairment to the mother if she continues the pregnancy or in the case of “medically futile” pregnancies, when the fetus has a fatal abnormality, according to The Associated Press.
Maine
Abortion is legal in Maine at all stages of pregnancy with a doctor’s approval. And lawmakers last year approved a bill to allow 16- and 17-year-olds to receive limited gender-affirming care, which does not include surgery, in some cases without parental consent, according to The Associated Press.
Maryland
Maryland law already protects the right to abortion. The state approved legislation in 1991 to protect abortion rights if the Supreme Court were to allow abortion to be restricted, according to The Associated Press.
Maryland lawmakers also approved a package of measures last year to protect abortion rights.
Those laws protect patients and providers from criminal, civil and administrative penalties relating to abortion bans or restrictions in other states. Lawmakers also approved a separate data-privacy bill to protect medical and insurance records on reproductive health in electronic health information exchanges that can be shared across state lines.
Voters in Maryland will be asked to enshrine the right to an abortion in the state’s constitution this November.
Massachusetts
Abortion is legal in Massachusetts up to 24 weeks of pregnancy, according to the Massachusetts government website.
The only time an abortion after 24 weeks is allowed is if it’s necessary to preserve the life of the patient, their physical or mental health or if there is a lethal fetal anomaly or diagnosis.
Michigan
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Access to abortion care is legal and protected by law in Michigan for up to 24 weeks of pregnancy, according to the University of Michigan Health.
Minnesota
Abortion rights in Minnesota are protected under a 1995 Minnesota Supreme Court decision known as Doe v. Gomez, which held that the state Constitution protects abortion rights, according to The Associated Press.
In January 2023, Minnesota Gov. Tim Walz signed a bill to ensure that the state’s existing protections remain in place no matter who sits on future courts.
Mississippi
As of July 2022, abortion is illegal in most cases in Mississippi, according to the ACLU Mississippi chapter.
The only exception is if the mother’s life is in danger or in cases of rape that have been reported to law enforcement.
Missouri
Missouri outlawed almost all abortions with no exceptions in the case of rape or incest immediately after the U.S. Supreme Court overturned Roe v. Wade in 2022. Missouri law only allows abortions for medical emergencies, according to The Associated Press.
Missouri voters will decide in November whether to guarantee a right to abortion with a constitutional amendment that would reverse the state’s near-total ban.
If passed, the Missouri initiative would “do something that no other state has done before — end a total abortion ban at the ballot box,” said Rachel Sweet, campaign manager for Missourians for Constitutional Freedom, which is sponsoring the measure with significant financial support from Planned Parenthood affiliates and the American Civil Liberties Union.
Montana
The right to an abortion is legal in the state of Montana until fetal viability, which is between 24 and 26 weeks, according to the ACLU.
In February, Montana struck down three laws that restricted abortion access which included a ban on abortions beyond 20 weeks of gestation, one that banned telehealth prescriptions of abortion medications and required a 24-hour waiting period after giving informed consent and another that required providers to offer patients the option of viewing an ultrasound or listen to the fetal heart tone, according to The Associated Press.
Abortion will be on the ballot for Montana voters in the upcoming election.
If it passes, it would amend the state constitution to bar the government from denying the right to abortion before viability — generally considered to be about 23 or 24 weeks’ gestational age — or when it is necessary to protect the life or health of the pregnant person.
Nebraska
Abortion in Nebraska is banned at 12 weeks or later, according to Guttmacher.
Pro-choice advocates are trying to introduce an initiative that would put an amendment in the state’s constitution allowing abortion until fetal viability, according to a NPR report.
Nevada
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Abortion is legal in Nevada until 24 weeks of pregnancy, which is considered the time of fetal viability.
An abortion can be performed past the 24-week mark if it is deemed necessary for the life or health of the pregnant person, according to the Department of Health and Human Services Nevada Division of public and Behavioral Health website.
The Nevada Secretary of State’ s office announced in June that a ballot question to enshrine abortion rights in the state constitution has met all of the requirements to appear in front of voters in November.
Under the amendment, abortion access for the first 24 weeks of pregnancy — or later to protect the health of the pregnant person — would be enshrined. Such access is already ensured under a 1990 law.
A question to enshrine abortion rights in the state constitution will appear on the ballot in November.
This amendment would ensure abortion access for the first 24 weeks of pregnancy — or later to protect the health of the pregnant woman. To change the constitution, voters would need to approve it in 2024 and again in 2026.
New Hampshire
Access to abortion care is legal in New Hampshire until 24 weeks of pregnancy, according to Guttmacher.
The only exception that allows an abortion after the 24-week mark is if the mother’s health or life is in danger or there is a fatal fetal anomaly, according to The Associated Press.
New Jersey
Abortion remains legal in New Jersey at all stages of pregnancy, according to Guttmacher.
The right to abortion care is protected by the state constitution, according to the ACLU New Jersey chapter.
New Mexico
Abortion care in New Mexico is accessible and is not restricted based on gestational duration, according to Guttmacher.
New Mexico also has shield laws for those seeking or providing abortions in the state from laws in other states, according to the New York Times.
New York
Access to abortion care in New York is legal and protected by the state’s constitution, according to the New York government official website.
In New York, abortion is banned at fetal liability, which is generally between 24 and 26 weeks, according to Guttmacher.
North Carolina
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Abortion is banned at 12 weeks and later, according to the North Carolina Department of Health and Human Services website.
Abortion care can also be justified in cases of rape or incest as well as if there are any life-limiting anomalies in the fetus as determined by a qualified physician.
North Dakota
A state judge struck down North Dakota’s ban on abortion on Sept. 12, 2024, saying that the state constitution creates a fundamental right to access abortion before a fetus is viable, according to the Associated Press.
In his ruling, state District Judge Bruce Romanick also said that the law violates the state constitution because it is too vague.
Ohio
Abortion is legal in Ohio until 21 weeks and 6 days of pregnancy, according to Abortionislegalohio.com.
Last November, voters approved a constitutional amendment to ensure access to abortion care and other forms of reproductive health care, according to The Associated Press.
Oklahoma
Abortion is banned in Oklahoma with very limited exceptions.
The only exception is if the mother’s life is in danger or if the pregnancy was a result of rape or incest and that has been reported to law enforcement, according to an NPR report.
Oregon
Abortion is legal in Oregon and there are no restrictions based on gestational duration, according to the Oregon Health Authority website.
According to the Guttmacher Institute, an abortion rights think tank, Oregon has the most protective abortion rights in the nation.
Democratic lawmakers in Oregon have approved a measure to shield abortion patients and providers from lawsuits originating in states where abortion is restricted, but Republicans have blocked the bill with a six-week walkout that halted the legislative session.
Pennsylvania
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Abortion is legal in Pennsylvania until 24 weeks of pregnancy, according to the Pennsylvania Coalition to Advance Respect’s website.
Abortion medications can be used up to 10 weeks of gestation.
Rhode Island
Abortions are protected by Rhode Island’s state constitution, according to The Associated Press.
It is banned to get an abortion at fetal viability which is generally 24 to 26 weeks, according to Guttmacher.
South Carolina
Abortion is banned at six weeks and later in South Carolina, according to Guttmacher.
The law says abortions cannot be performed after an ultrasound can detect “cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac.”
The only exception is in cases of rape or incest and if the fetus will likely not survive outside the womb. It is also acceptable if the mother’s health is at serious risk, according to The Associated Press.
South Dakota
South Dakota is one of 13 states that bans all abortions except to save the life of the pregnant person. There are no exceptions for cases of rape or incest.
The only time an abortion is allowed is to save the life of the mother, according to an NPR report.
The South Dakota law was passed in 2005 and took effect when Roe was overturned.
South Dakota voters will decide this fall on a constitutional amendment that would prevent any restrictions on abortion in the first trimester of pregnancy.
The measure would allow the state in the second trimester to “regulate the pregnant woman’s abortion decision and its effectuation only in ways that are reasonably related to the physical health of the pregnant woman.” Abortion could be prohibited in the third trimester, provided there are exceptions for the life and health of the woman.
Tennessee
Tennessee bans abortions at all stages of pregnancy but there are exemptions in cases of molar pregnancies, ectopic pregnancies, and to remove a miscarriage or to save the life of the mother, according to The Associated Press.
Notably, doctors must use their “reasonable medical” judgment — a term that some say is too vague and can be challenged by fellow medical officials — in deciding whether providing the procedure can save the life of the pregnant patient or prevent major injury.
Texas
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The U.S. Supreme Court has ruled that Texas abortion providers can file a lawsuit against the state’s ban on most abortions but allowed the law to remain in effect for now. The law makes abortion illegal after cardiac activity is detected in an embryo — normally around six weeks, before some women even know they are pregnant. There are no exceptions for rape or incest.
Abortions are banned in Texas with very limited exceptions, according to the Texas State Law Library.
A 2021 law bans abortions once fetal cardiac activity can be detected, normally around six weeks.
In May, The Texas Supreme Court rejected a closely watched challenge to the state’s restrictive abortion ban, ruling against a group of women who had serious pregnancy complications and became the first in the U.S. to testify in court about being denied abortions since Roe v. Wade was overturned, according to The Associated Press.
In a unanimous ruling, the all-Republican court upheld the Texas law that opponents say is too vague when it comes to when medically necessary exceptions are allowed.
Utah
Abortion is legal in Utah until 18 weeks of pregnancy, according to Abortionfinder.org.
The Utah Supreme Court upheld a block on a near-total ban while a challenge to the law proceeds in a lower court, according to the New York Times.
Vermont
Abortion is legal in Vermont at all stages of pregnancy.
The Vermont Legislature passed a law guaranteeing abortion rights in 2019. At the same time, the state began the process of amending the constitution. The proposal was passed by two consecutively elected Legislatures and approved by voters on Nov. 8.
Vermont’s reproductive rights amendment goes beyond guaranteeing a woman’s right to an abortion by including the right to access family planning services and contraception
Virginia
Abortion is legal until the start of the second trimester in Virginia, according to the American Society for Reproductive Medicine website.
An abortion is permitted on any pregnant person if it is necessary to save their life, according to the Virginia Law website.
Washington
Abortion is legal in Washington state until fetal viability, which is generally at 24 to 26 weeks, according to Guttmacher.
The state law also protects those seeking or providing abortions in Washington from laws in other states, according to a New York Times report.
West Virginia
Abortion is banned at all stages of pregnancy in West Virginia.
The state’s governor signed the ban into law in September 2023. An abortion provider in West Virginia filed a lawsuit challenging the new statute, but the suit was dropped a couple of months later.
The ban has exemptions for medical emergencies and for rape and incest victims until eight weeks of pregnancy for adults and 14 weeks for those under the age of 18. Victims must report their assault to law enforcement 48 hours before the procedure. Minors can report to the police or a doctor, who then must tell police.
Wisconsin
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Abortion is banned at 20 weeks and later in Wisconsin, according to The Associated Press.
The exceptions for this are if the life of the mother is in danger and in cases of rape and incest.
Wyoming
Abortion is legal in Wyoming until fetal viability which is generally at 24 to 26 weeks.
Last year, the Wyoming Legislature passed — and Gov. Mark Gordon signed into law — measures that restricted abortion in the state, including the first-in-the-U.S. explicit ban on abortion pills. Teton County District Judge Melissa Owens in Jackson has put the laws on hold while considering lawsuits against them filed by abortion clinics in the state, according to The Associated Press.
This story has been updated on Thursday, Sept. 12, 2024, to reflect that a judge struck down North Dakota’s abortion.
