Abortion policy is now in the hands of the states following the US Supreme Court’s Friday decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and Planned Parenthood v. Casey.
President Joe Biden has directed the Department of Health and Human Services to take steps to make sure abortion and contraception medications are available “to the fullest extent possible,” and his administration plans to protect the right to travel to another state for an abortion. “The health and life of women of our nation are now at risk,” Biden said. “Make no mistake. This decision is the culmination of a deliberate effort over decades to upset the balance of our law.” Biden emphasized that this is the first time the court has revoked a constitutional right, calling it a “sad day for the court and for the country.”
Abortion remains legal in Alaska, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Washington.
Abortion is now illegal, soon to be illegal, or potentially illegal in as many as 20 states.
In Alabama, a near-total ban on abortion could be enjoined in which abortion is only legalized to save the life of the pregnant person.
In Arkansas, abortions will become illegal except to save the life of the pregnant person and when the Attorney General certifies that the Supreme Court has overturned Roe.
In Georgia, abortion is currently legal until 20 weeks into the pregnancy. However, the state could soon impose a ban on abortions after six weeks of pregnancy.
In Idaho, abortions are temporarily legal. However, all abortions will become illegal 30 days after the Supreme Court has overturned Roe, except in cases of rape, incest, and to save the life of the pregnant person.
In Kentucky, Louisiana, South Dakota and Texas all abortions are now illegal except to save the life of the pregnant person.
In Michigan, abortion is currently legal. However, the pre-Roe law banning all abortions except to save the life of the pregnant person could be reinstated by the courts.
In Mississippi, abortions will become illegal 10 days after the Attorney General certifies that the Supreme Court has overturned Roe.
In Missouri, abortion will become illegal once the governor and Attorney General certify that the Supreme Court has overturned Roe.
In Ohio, abortion is currently legal until 20 weeks in the pregnancy. However, the state could soon impose a ban on abortions after six weeks of pregnancy.
In North Carolina, abortion is currently legal but is pending state court action after the overturning of Roe.
In North Dakota and Oklahoma, abortion is banned and will become illegal when the Attorney General certifies that the Supreme Court has overturned Roe and Casey.
In South Carolina, abortion is currently legal until 20 weeks into the pregnancy, but the state could soon impose a ban on abortions after six weeks of pregnancy.
In Idaho and Tennessee, abortion will become illegal 30 days after Roe has been overturned.
In Utah, abortion will become illegal as soon as the legislative counsel certifies that Roe has been overturned.
In West Virginia and Wisconsin, the states are attempting to enforce their pre-Roe laws, which would ban all abortions except to save the life of the pregnant person.
In Wyoming, abortion will become illegal five days after review of the Supreme Court’s overturning of Roe by the governor, Attorney General, and Secretary of State.
In a concurrence by Justice Clarence Thomas, he indicated that “we should reconsider all of this Court’s substantive due process precedents including Griswold [the right to contraception], Lawrence [the right to same-sex intimacy], and Obergefell [the right to same-sex marriage).” This has caused widespread concern that previously protected privacy and self-autonomy laws could soon be under review by the Supreme Court.