State Abortion Laws in the Wake of Roe v. Wade

Roe v. Wade, the landmark 1973 case that established a constitutional right to an abortion up until the fetus can survive outside of the womb, was the law of the land for nearly 50 years. But over a year ago, the Supreme Court overturned the almost half-century old precedent.

Dobbs v. Jackson Women’s Health Organization was a challenge to a Mississippi law banning abortion after 15 weeks of pregnancy that experts say stands in direct opposition to what the Supreme Court decided in Roe – that states may not ban abortion prior to fetal viability, which is generally understood by experts to mean between 22 and 24 weeks of pregnancy. But in a 6-3 decision in June 2022, the conservative supermajority on the high court sided with Mississippi, upholding its ban in a massive reversal of precedent.

Following the ruling, states have been left to decide their own stances on the controversial issue. While legislators have worked to introduce a number of new restrictions and bans over the last year, questions over the legality of these new laws has meant many are blocked from taking effect while they’re debated in state courts. The new landscape is volatile, and the evolving situation has meant that access to abortion in some states is restricted, in part, by complexity alone.

In January 2023, the U.S. Food and Drug Administration finalized a rule change allowing pharmacies such as CVS and Walgreens to begin offering abortion pills in qualifying states. The move could increase access to the pills at both physical stores and online pharmacies, and has sparked legal questions, particularly in the most restrictive states. An analysis by the Guttmacher Institute, a research group that supports abortion rights, found that medication abortion – often a two-drug combination of mifepristone and misoprostol – accounted for more than half of all facility-based abortions in 2020.

Legal debates over access to abortion medication were elevated to the Supreme Court on April 14, after two conflicting rulings on separate cases were both issued a week earlier. In one case, a Texas federal judge ruled that the FDA overlooked “legitimate safety concerns” when approving mifepristone, and ruled that access to the drug be suspended. In the other, a Washington state federal judge ruled that the FDA cannot restrict access to the drug in any of the 17 states that sued to expand access.

The U.S. Supreme Court intervened to block the Texas ruling in its entirety, meaning access to mifepristone will not be immediately affected or further restricted. The case will go back to the U.S. Court of Appeals for the 5th Circuit, which began hearing oral arguments May 17.

If mifepristone is taken off the market, medication-assisted abortion will remain available through misoprostol-only regimens, which are said to be somewhat less effective than the two-drug combination. In early May, abortion clinics in Virginia, Montana and Kansas filed a lawsuit in additional attempts to preserve access to the drug.

Here’s where things stand in states as of Sept. 11, 2023, and how state policy is expected to change, according to the Guttmacher Institute:

Jump to State:
Alabama Alaska Arizona Arkansas California Colorado Connecticut District of Columbia Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming

Alabama
Abortion banned, except in cases where “abortion is necessary in order to prevent a serious health risk to the unborn child’s mother.”

While state law specifically exempts patients from prosecution, Republican Attorney General Steve Marshall indicated he will pursue prosecution against providers under the Human Life Protection Act. In August, Marshall stated that people who help others travel out of state to obtain abortions could be prosecuted, a statement which has since prompted several lawsuits against the state with claims such prosecution violates the constitutional right to travel freely between states.

Alaska
Abortion legal throughout pregnancy.

Arizona
Abortion is legal up to 15 weeks *

* A law is currently blocked that would ban abortion except to save the life of a pregnant woman. An Arizona court ruled in late December that an 1864 law banning nearly all abortions cannot be used to prosecute licensed providers. However, the state Supreme Court will review that ruling. In June 2023, Democratic Gov. Katie Hobbs signed an executive order that added protections for abortion providers in the state. The order also stated that Hobbs will deny extradition requests from states seeking to prosecute those who “provide, assist with, seek or receive abortion services.” Finally, the order also gives Democratic Attorney General Kris Mayes the power to handle all abortion-related prosecutions in the state.

Voters passed a state constitutional amendment that says “the state shall not deny or interfere with an individual’s reproductive freedom in their most intimate decisions.” This enshrines the right to abortion and contraception, but it is unclear whether this will override current restrictions. The state has also launched a hotline that will provide callers with legal help surrounding abortion access.

Colorado
Abortion legal throughout pregnancy.

On April 14, Democratic Gov. Jared Polis signed a series of bills into law that aim to make the state a “safe haven” for those seeking abortion, gender-affirming surgery and puberty-blocking medications without fear of prosecution. The legislation means Colorado joins Illinois as “a progressive peninsula offering reproductive rights to residents of conservative states on three sides,” according to the Associated Press. Additionally, the state became the first to ban the prescription of progesterone as a “reversal” of medication abortion. It is illegal to approach anyone within 100 feet of a Colorado health care facility, including abortion clinics, due to a state “bubble law,” but that law is being challenged in a federal lawsuit.

Delaware
Abortion legal up to fetal viability.

Florida
Abortion legal up to 15 weeks of pregnancy.

In Florida, those seeking abortion pills must see a physician in-person 24 hours before the procedure and must take some of the medication in their physician’s presence, meaning that the state will not allow pharmacists alone to remotely fill prescriptions for abortion pills, despite the January Food and Drug Administration ruling. In September the Florida Supreme Court will hear legal challenges to a state law banning abortions after 15 weeks, but in the meantime, the ban will remain in effect. However, if the state Supreme Court upholds the 15-week ban, a six-week ban will take effect 30 days later because of a bill signed into law by Republican Gov. Ron DeSantis in April 2023. Efforts to put an abortion rights amendment on the 2024 ballot have reached more than half the signatures they are required to collect by February.

Georgia
Abortion legal up to detection of a fetal heartbeat, as early as six weeks of pregnancy.

The Georgia Supreme Court reinstated a ban just days after a lower court ruling had made abortions legal up to 22 weeks of pregnancy. However, in early April, the state Supreme Court heard arguments that the ban was void because it invalidated precedent when it was passed.

Hawaii
Abortion legal up to fetal viability.

Democratic Gov. Josh Green signed a bill into law which expands abortion access by a number of measures. The new law removes the requirement that abortions must take place in a hospital or clinic, expanding access to medication-assisted abortions which often take place at home. It is now legal for medical providers such as physician assistants to perform the procedure, when only doctors or registered nurses were licensed to do so previously. Additional protections for providers treating out-of-state patients are also included in the bill.

Idaho
Abortion banned except in cases of rape or incest reported to law enforcement or when the procedure is “necessary to prevent the death of the pregnant woman.”

The Idaho Supreme Court ruled earlier this year that access to abortion is not a fundamental right in the state Constitution. In April, Republican Gov. Brad Little signed a bill that makes it illegal for an adult to help a minor get an abortion without parental consent. Opponents say they’ll mount a legal challenge to the law, the first of its kind in the U.S. A law which allowed the state to prosecute health care providers for referring patients to out of state abortion services has been blocked after a federal judge disagreed with the state attorney general’s interpretation of the law, ruling that it violated free speech for providers.

Illinois
Abortion legal up to fetal viability.

In January, state lawmakers approved additional protections for the procedure, ensuring providers and out-of-state patients will not be prosecuted across state lines.

Indiana
Abortion banned with very limited exceptions.

*In September 2022, an Indiana judge blocked enforcement of a law that would ban abortion with very limited exceptions in the state due to arguments the ban violated a constitutional right to privacy. The case was elevated to the state Supreme Court, which ruled in late June that the ban was not in violation of the constitution and therefore could be upheld. The state American Civil Liberties Union filed a petition the next day, requesting a rehearing, but the request was denied, and the law took effect Aug. 21. With the new ban in effect, all abortion clinics in the state have lost their license, and abortions are illegal with limited exceptions for rape, incest, the health of the mother and for cases of lethal fetal anomalies. A second lawsuit, challenging the law on the grounds of religious freedom, is currently being considered by the state’s appeals court, which is scheduled to hear arguments in September.

Iowa
Abortion legal up to 22 weeks of pregnancy.

A law passed in July that would make abortion illegal after a fetal heartbeat is detected, typically at about six weeks, has been temporarily blocked from taking effect. Gov. Reynolds called a special legislative session this summer to pass the fetal heartbeat bill with exclusive Republican support. A similar ban was initially blocked by a permanent injunction in 2019, and in June 2023 the state Supreme Court ruled that the ban would remain blocked in-part because the justices wanted to avoid “legislating from the bench.” Therefore, the new ban is already meeting similar legal challenges, and Gov. Reynolds has moved to appeal the temporary block, wanting the law to take effect even while its constitutionality is debated in court.

Kansas
Abortion legal up to 22 weeks of pregnancy.

In an August 2022 statewide referendum, Kansans voted to uphold the right to an abortion. The following November, a state judge blocked the state from enforcing a ban on telemedicine for abortion care, which is now available in the state. Earlier this year, state lawmakers passed several bills, including House Bill 2313, a “born-alive infants protection” law that could prosecute providers for not giving enough care to infants born alive during abortion procedures, and House Bill 2264, a bill that will require providers of medication-assisted abortion to inform patients that the procedure can be reversed after it is started, despite evidence that may not be true. Democratic Gov. Laura Kelly originally vetoed both, but lawmakers had the power to override her vetoes. House Bill 2264, which was supposed to take effect July 1, is not being enforced for the time being, in part due to an active lawsuit against it by Planned Parenthood.

Kentucky
Abortion banned, except when necessary “to prevent the death or substantial risk of death due to a physical condition, or to prevent the serious, permanent impairment of a life-sustaining organ of a pregnant woman.”

In November 2022, voters rejected a ballot proposal that would amend the state constitution to explicitly state that there is no right to abortion in Kentucky, but the statewide ban remains in effect after the Kentucky Supreme Court sent a case challenging the ban back to a lower court. In December, a federal appeals court ruled that the enforcement of a buffer zone around health care centers per a city ordinance in Louisville infringes on protesters’ First Amendment rights. In November, voters will decide whether to support incumbent Democratic Gov. Andy Beshear or Daniel Cameron – the Republican gubernatorial nominee and current state Attorney General. Abortion has been highlighted as a central issue to the race, with Cameron a staunch anti-abortion activist and Beshear’s views more moderate.

Louisiana
Abortion is banned except in the case of medical emergency or if the pregnancy is “medically futile.”

In May, lawmakers rejected legislation which would have added exemptions for cases of rape or incest to the state’s ban.

Maine 
Abortion legal up to fetal viability.

Currently, the state law has an exception that allows abortions after fetal liability, typically at 24 weeks, in cases where it is necessary to preserve the life or health of the mother. However, a bill that would expand this exception to include cases where a physician believes it is necessary, such as when a fetus is determined to have a deadly condition, was signed into law by Democratic Gov. Janet Mills in July, and is scheduled to take effect in late October. It will mean Maine has one of the least restrictive abortion policies in the country.

Maryland
Abortion legal up to fetal viability.

A constitutional amendment that would enshrine the right to an abortion in the state constitution passed the Maryland House and Senate, meaning it will go before voters in November 2024. Democratic Gov. Wes Moore signed a series of additional protections into law in May, including legal protections for patients and providers, a data privacy bill and another bill that ensures access to contraception and abortion for students attending public colleges or universities in the state.

Michigan
Abortion legal up to fetal viability*

On election day, voters enshrined the right to an abortion via an amendment to the state constitution, rendering a pre-Roe abortion ban unconstitutional. A bill which would make it illegal for companies to discriminate against employees who have received abortions was signed by Democratic Gov. Gretchen Whitmer in May, and will take effect next year.

Minnesota
Abortion is not restricted based on gestational age.

Just one month into the state’s new legislative session, after quick action by the state’s Democratic lawmakers, Democratic Gov. Tim Walz signed a bill into law that establishes that “every individual has a fundamental right to make autonomous decisions about the individual’s own reproductive health” in the state. In late April, Walz signed additional legal protections into law for patients from out-of-state and for providers. While abortion was previously legal up to fetal viability in the state, with some exceptions, the latest legislative session amended that law to make abortion legal at any point of pregnancy. Abortions performed beyond likely viability are legal if they are performed in a hospital or if a physician says it is necessary for the life or health of the mother.

Mississippi
Abortion banned except when “necessary for the preservation of the mother’s life or where the pregnancy was caused by rape” that was reported to law enforcement.

In 2024, Missouri voters could decide whether to enshrine abortion rights and access to birth control in the state constitution if the associated proposals gather enough signatures. However, the process has been severely delayed by debates over what those amendments would cost the taxpayer. In Missouri, before a ballot proposal can collect signatures, the state attorney general needs to approve the state auditor’s estimate for what the proposal would cost. Usually this step is not notable, but over the last several months, Republican Attorney General Andrew Bailey has been locked in a disagreement with Republican state Auditor Scott Fitzpatrick, delaying the process. Bailey claims the cost of enshrining abortion rights would be much higher than Fitzpatrick’s estimate of $50,000, in-part because it does not account for loss of tax revenue from unborn Missourians. Bailey has also cited concerns that the state could lose Medicaid funding. In June, a state judge ordered Bailey to approve Fitzpatrick’s cost estimate, but he refused to comply, after which the state Supreme Court stepped in in July and unanimously ruled he had overstepped his authority and needed to approve the cost estimate. Meanwhile, the pro-abortion rights campaign has lost 100 days they could have spent gathering signatures in support of the ballot proposal while the disagreement is ongoing. In August, Republican lawmakers filed another court challenge against the petition’s cost estimate, saying it is too low.

Montana
Abortion is legal up to 15 weeks of pregnancy.

Montana’s Republican Gov. Greg Gianforte recently signed five bills related to abortion access into law, listed below for clarity. The situation is volatile, with Planned Parenthood challenging several of the laws and several others temporarily blocked as their legality is debated in court.

In April, the state health department announced a rule similar to House Bill 544, mandating prior authorization, which has since been temporarily blocked. Some argue that preauthorization mandates are unnecessary and adversely affect low-income women. The legality of the health department rule, and of the recently signed laws, were discussed at a hearing in May, resulting in a number of temporary blocks, until courts decide which, if any, of the laws are constitutional.

Nebraska
Abortion legal up to 12 weeks of pregnancy.

Nebraska lawmakers passed a bill in May that bans abortion at 12 weeks. The same bill also prohibits gender-affirming care for minors in the state. The new abortion ban took effect immediately, and though the ACLU sued to block the law, a district judge sided with the state, upholding it.

Nevada
Abortion legal up to 24 weeks of pregnancy.

A bill that will strengthen protections for out-of-state abortion patients and for the providers that treat them was signed into law by Republican Gov. Joe Lombardo in May. A separate bill that would put protections for abortion into the state constitution was advanced by lawmakers in May, but will not go before the governor. Instead the bill may go before voters in 2026.

The New Hampshire Senate recently rejected a bill that would have codified the right to an abortion into state law, a right some argued was already protected by the existing law. Legislators in the House tabled a bill that would have repealed the ban at 24 weeks of pregnancy, following a 192-192 tie vote, and rejected a series of bills that would have implemented additional restrictions on abortion access, in a win for abortion rights advocates.

New Jersey
Abortion legal throughout pregnancy. The state recently announced that it will award $15 million to health care facilities with abortion services, in the form of zero-interest loans and grants, for facility improvements and updated security.

Democratic Gov. Michelle Lujan Grisham recently signed a bill that overrides local ordinances in which lawmakers have attempted to limit access to abortion. The state Supreme Court blocked local ordinances from taking effect in March, with plans to hear arguments about their legality in December. Outside of legislation surrounding local ordinances, the governor recently signed a bill that provides legal protection to abortion providers treating patients from out-of-state, and set up a telephone hotline as a resource for women with questions about abortion, transportation and other maternal health queries.

New York
Abortion legal up to fetal viability.

In mid-January, New York City became the first U.S. city to offer free abortion pills at a city-run health clinic in an effort to reduce barriers to care in low-income communities. In June, Democratic Gov. Kathy Hochul signed a law that protects doctors prescribing abortion pills to out-of-state patients from prosecution. In 2024, voters will decide whether to ratify a state constitutional amendment that could add protections for reproductive rights. Anti-abortion activists are challenging a state “buffer zone” law that prohibits anti-abortion activists from approaching people outside abortion clinics, and it may be brought to the Supreme Court after an appeals court rejected the lawsuit. Meanwhile, the state Attorney General has sued anti-abortion groups for violating this law and prohibiting access to clinics across the state.

As of July 1, most abortions are banned after 12 weeks, as opposed to 20, as was previously the case. Democratic Gov. Roy Cooper attempted to veto the bill, but lawmakers were able to override the veto. Notably, state Rep. Tricia Cotham switched her party registration from Democrat to Republican in April, swinging the House into a Republican supermajority and enabling lawmakers to override the governor’s veto. The new law includes exceptions for when the life of the pregnant woman is in danger, exceptions for rape or incest through 20 weeks of pregnancy and exceptions for “life-limiting” fetal anomalies through 24 weeks. A lawsuit by Planned Parenthood attempted to block the new law from taking effect, but a federal judge determined that all but one provision – which was vague about legality of medication abortions in early pregnancy – would be allowed. In October, two other provisions in the law are scheduled to take effect. One will require surgical abortions after 12 weeks to be performed in hospitals and the other has new licensing requirements for abortion clinics.

Republican Gov. Doug Burgum signed legislation in April that bans abortion throughout pregnancy, with exceptions for rape, incest or medical emergency only applicable in the first six weeks. A similar ban was blocked by the North Dakota Supreme Court in March after a lawsuit questioned its constitutionality. The new law bans abortion except “to terminate a pregnancy that resulted from gross sexual imposition, sexual imposition, sexual abuse of a ward, or incest” or “to prevent the death of the pregnant female.” The state’s only clinic moved across the border to Minnesota last year, and is part of a lawsuit challenging the state’s restrictions. Gov. Burgum is a Republican presidential candidate, and has said “the best decisions are made locally” and that he would not sign a federal abortion ban despite his backing of a ban at the state level.

Ohio
Abortion legal up to 22 weeks of pregnancy*

*A law that would ban abortion after about six weeks of pregnancy is currently paused. An injunction was set to expire in October 2022, but a state judge extended the pause indefinitely. In November, voters will decide whether to pass a state constitutional amendment which would enshrine an individual’s right to make decisions about reproductive health care, such as abortion. However, the state is being sued by abortion rights advocates who are concerned that the wording voters will see is misleading. After backers of the measure collected signatures in support of the amendment, the Republican-controlled Ohio Ballot Board made changes, such as replacing the word “fetus” with “unborn child.” Opponents of the ballot measure have released ads claiming its approval would affect parental rights, legalize infanticide and protect abusers, making arguments that many call misleading.

Oklahoma
Abortion banned except when necessary to preserve the life of the woman or if “the pregnancy is the result of rape, sexual assault, or incest that has been reported to law enforcement.”

Over the past few months, however, there has been legal debate over when an abortion should be considered “necessary,” and who is allowed to make that call. In late March, 2023, the state Supreme Court determined that abortion is legal if a physician says there is a “reasonable” chance that continuing the pregnancy will endanger the woman’s life, striking previous wording that required physicians to have “absolute certainty.” In March, the court also ruled that the state constitution protects the “inherent right of a pregnant woman to terminate a pregnancy when necessary to preserve her life.” In May, two different bans on abortion, which required a “medical emergency” for doctors to perform the procedure, were deemed unconstitutional by the state Supreme Court, as they conflicted with the language supported by the court in March .

Oregon
Abortion legal throughout pregnancy.

In June, lawmakers passed updated requirements outlining when parents must be notified if their child is seeking abortion care. The legislation was amended and passed less than a week before the end of the legislative session, after Republican senators staged a six-week walkout, the longest in the state’s history. Language in the bill that would have required student health centers at public universities to provide medication abortions and emergency contraception was dropped.

Democratic Gov. Josh Shapiro has announced plans to cut the state’s contract with “abortion alternative” organization Real Alternatives by the end of the year. For nearly 30 years, under both Republican and Democratic governors in the state, the organization has received millions in taxpayer dollars that it has then distributed to not only abortion counseling centers, but also to maternity homes and Catholic charities that provide food, shelter and clothing to pregnant women. While some argue that the move will prevent the spread of medical disinformation, others fear it will result in fewer resources for pregnant women. In November, voters will elect the next member of the state Supreme Court, and abortion rights look like they will be a central issue in the election. Pennsylvanians will choose between abortion rights candidate Democrat Dan McCaffery and Republican Carolyn Carluccio, who has a history of being anti-abortion. However the election won’t swing control of the court, which is currently at a 4-2 Democratic majority.

Democratic Gov. Dan McKee recently signed a bill into law that will allow state funding to support health insurance, which covers abortions, for state workers and Medicaid recipients.

South Carolina
Abortion legal up to detection of a fetal heartbeat, as early as six weeks of pregnancy.

In late May, Republican Gov. Henry Dargan McMaster signed into law a bill that bans most abortions at the detection of cardiac activity, typically at six weeks of pregnancy. The state Supreme Court voted in August to uphold the ban, despite striking down a similar law in January because it violated the right to privacy. The court’s only female justice, who previously argued against the ban, has now been replaced with a new male justice who voted to uphold the ban. The court has said that the decision to uphold the ban will not be reconsidered despite pleas to do so from Planned Parenthood. Meanwhile, the state’s attempt to defund Planned Parenthood is being debated by the 4th U.S. Circuit Court of Appeals, which was asked by the U.S. Supreme Court to reconsider an earlier decision in light of a new federal ruling in a related case.

South Dakota
Abortion banned except when “necessary to preserve the life of the pregnant female.”

Republican Gov. Kristi Noem and state attorney general have both said they intend to prosecute pharmacists who provide abortion pills to patients.

Tennessee
Abortion banned except when “necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function.”

In April, Republican Gov. Bill Lee signed a bill that would allow doctors to use “reasonable medical judgment” to determine the medical necessity of an abortion to save the mother’s life. Previous versions of the legislation allowed broader exemptions and protections for providers, but were walked back after an anti-abortion lobbying group voiced opposition. State budget writers have said that $20 million of taxpayer dollars will go toward support of crisis pregnancy centers, sometimes called anti-abortion centers, significantly less than the $100 million the governor originally proposed.

Texas
Abortion banned with limited exceptions.

In September 2021, the state passed a bill stating that private citizens could sue abortion providers, even when they had no connection to specific cases or patients. However, a December lawsuit testing the policy was tossed, setting the precedent that members of the public, unaffiliated with specific cases, cannot sue providers for violating state restrictions. Meanwhile, lawmakers passed multiple bills in the last legislative session, the first since the Dobbs ruling, that will provide support for college students in the state who have children. The state is also suing Planned Parenthood for fraud.

A lawsuit against the state brought by the Center for Reproductive Freedom argues that, given uncertainty around the current legal landscape, “physicians are over-complying with the laws to the detriment of their patients’ lives and health.” A bill clarifying the instances in which life-saving care to save the mother is legal was passed in June. The bill, which legalized abortions in specific cases such as ectopic pregnancy or when the fetus cannot survive, took effect Sept. 1.

Utah
Abortion legal up to 18 weeks of pregnancy*

*The state’s trigger ban, which would prohibit abortions throughout pregnancy except for in cases related to the health of the mother, rape, incest or severe fetal abnormalities, is temporarily blocked by a preliminary injunction. The state Supreme Court, which currently holds a female justice majority, heard arguments for and against the ban in early August. Pending their decision, the ban could remain blocked or could take effect in a matter of days or weeks. Meanwhile, the state’s legislature passed a joint resolution that may affect whether the preliminary injunction holds. The state has also pursued a ban on abortions indirectly through a law that prevents abortion clinics from obtaining or renewing licenses to practice. The law was blocked one day before it was about to take effect amid legal challenges, but if it does take effect, no clinic will have an active license to operate as of January 2024. Nearly all abortions in the state, 95%, are provided through specialized clinics.

Vermont
Abortion legal throughout pregnancy.

While the right to abortion has been protected by law in Vermont, voters passed Proposal 5 on election day via a statewide referendum. In December 2022, Republican Gov. Phil Scott signed an amendment protecting the right to “personal reproductive autonomy” into the state constitution. In May the state became the first to explicitly protect access to medication abortion, and two separate bills, Senate Bill 37 and House Bill 89, were signed into law, providing additional protections to both patients and providers.

Virginia
Abortion legal up to the third trimester.

In late January, Democratic lawmakers voted down a series of bills in the state Senate that would have imposed additional restrictions on abortion access, including one which proposed a ban on abortions after 15 weeks.

In early April, a Washington federal judge heard arguments in a case brought by 17 state attorneys general to keep mifepristone legal. On April 7, the judge ruled that access to abortion drugs should not be federally regulated at all in the 17 states participating in the suit, a decision that conflicts with a same-day ruling issued by a Texas federal judge. In the meantime, Washington state officials have stocked up on a three-year supply of mifepristone to ensure access, prompting several other states to stockpile as well.

West Virginia
Abortion banned, with exemptions for rape, incest and when medically necessary to save the life of the mother.

The current ban has exemptions for medical emergencies and for victims of rape or incest, applicable up to eight weeks for adults and up to 14 weeks for those under 18. GenBioPro, the maker of abortion pill mifepristone, attempted to sue the state for restricting access to the drug under this ban. However, in late August, a state judge ruled that the state has the right to restrict sales of abortion pill mifepristone despite the FDA’s approval of mifepristone.

*Providers in the state have stopped offering abortion care due to legal uncertainty. A law banning all abortions except when necessary to save the life of the mother – originally from 1849 – took effect when Roe v. Wade was overturned. However, some argue that a 1985 law, which instead criminalizes abortions beyond fetal viability, typically between 22 and 24 weeks of pregnancy, should be in place instead. No matter which law is determined to trump the other, Democratic Attorney General Josh Kaul, who won re-election against an anti-abortion candidate, stated he would not investigate or prosecute anyone for getting an abortion. However local law enforcement can.

Wyoming
Abortion legal up to fetal viability*

*After being temporarily blocked from taking effect in July 2022, the state’s trigger ban took effect for a few days in late March 2023 before a state judge blocked it again amid new legal challenges. The law bans abortion except “when necessary to preserve the woman from a serious risk of death or of substantial and irreversible physical impairment of a major bodily function,” or if the pregnancy is the result of incest or rape. The state became the first to explicitly ban abortion pills through legislation that was scheduled to take effect on July 1, but that law has since been blocked while a related lawsuit is ongoing. There is currently only one in-person clinic operating in the state.