Photo: Gayatri Malhotra / Unsplash

By the time many Americans were still learning that Roe v. Wade had been overturned, abortion clinics had already halted services in a half dozen states where providers feared prosecution because of those states’ trigger laws. Thirteen states have trigger laws — legally passed abortion bans designed to go into effect if and when Roe was overturned — but not all took effect immediately. Some are expected to take effect within 30 days of the Dobbs’ judgment, but even those can be ambiguous depending on how the law was written.

Then there are the states where no trigger law exists but a law banning abortion from before the Roe decision in 1973 are still on the books, and no one is quite sure whether the law applies or not. So begins the confusing process of figuring out where abortion is legal, where it’s not, and where it’s about to not be.

It will take a while for this shifting landscape of legislation to somewhat settle, though it won’t entirely do so as pro-choice and anti-choice groups continue duking it out in state legislatures and courts. In the meantime, however, healthcare providers, advocates, lawyers, judges, legislators, and, above all, thousands of people who are pregnant and considering or seeking abortion are trying to figure it all out. Those needing an abortion now, or worried they may need one soon, are especially desperate to determine what their options are and how much time they have.

Currently, no state laws bar people from traveling out of state to seek an abortion, though some states may try. Such a law would, in theory, violate the interstate commerce clause of the Constitution, though it’s unclear whether the Supreme Court would agree. (Justice Kavanaugh said the Dobbs ruling shouldn’t prevent people from traveling out of state, but then the majority opinion also, either hypocritically or naively, suggested that Dobbs shouldn’t affect other cases based on privacy rights even as Clarence Thomas named in his dissent three such cases (Griswold, Lawrence, and Obergefell) he wants the court to reconsider.)

Travel can be expensive. Many employers have since come forward with a pledge to pay for employees’ travel expenses, and the National Network of Abortion Funds can connect people with financial support for traveling and staying out of state and paying for medical costs of an abortion. But the NNAF can’t ensure someone’s job will give them time off, and the ability to help with childcare may be limited. Within a few months, an estimated 24 million people will be more than 200 miles from the nearest abortion clinic. Some will be hundreds more miles away than that.

In light of that, here’s the most currently available information on abortion access in different states, with the caveat that the situation in several states may change in a matter of days. The states with asterisks (*) are the ones where abortion is safest and likely to remain legal indefinitely.

Alabama

All abortions are banned, based on a 2019 law that went into effect after a federal judge lifted an injunction on June 24.

*Alaska

Abortion is legal.

Arizona

Abortion is legal up to 15 weeks, based on a law that supersedes a pre-Roe abortion ban. However, experts predict abortion access will be eliminated soon in Arizona.

Arkansas

All abortions are banned, based on a trigger law that went into effect June 24 when the state attorney general certified the SCOTUS decision.

*California

Abortion is legal and will remain so per state law.

*Colorado

Abortion is legal and will remain so per state law.

*Connecticut

Abortion is legal and will remain so per state law.

*Delaware

Abortion is legal and will remain so per state law.

Florida

Abortion is currently legal up to 24 weeks gestational age. However, a ban at 15 weeks, without exceptions for rape or incest, is scheduled to take effect July 1 unless a judge blocks its enforcement during a hearing scheduled for June 30. The state’s Republican governor, Ron DeSantis — also the only governor not to allow Covid vaccines to be available for children under 5 — and the Republican legislature majority may seek to further restrict abortion.

Georgia

Abortion will likely become illegal after 6 weeks, based on a 2019 law pending in the courts that will likely take effect soon. Experts expect abortion to eventually be completely banned, but the Republican governor and Republican legislature are up for re-election this November. Though the legislature isn’t likely to change much, the governor could.

*Hawaii

Abortion is legal and will remain so per state law.

Idaho

Abortion is currently legal but expected to become illegal in late August, except in cases of rape or incest (requires a police report) or threat to the pregnant person’s life, based on a 2020 trigger law that takes effect 30 days after Roe being overturned. Planned Parenthood has filed a suit to stop it.

*Illinois

Abortion is legal and will remain so per state law. The governor has called a special legislative session to strengthen abortion access laws and make Illinois especially welcome to out-of-state patients.

Indiana

Abortion is currently legal but in jeopardy, with the governor having called a special legislative session to pass anti-abortion laws.

Iowa

Abortion is currently legal, but Republican Governor Kim Reynolds is seeking to reinstate a 2018 law that bans abortion after fetal cardiac activity is detectable (about 6 weeks) that was ruled unconstitutional in 2019. If that fails (or even if it succeeds), with a Republican legislature, a different ban could follow.

Kansas

Abortion is currently legal. The state will hold a referendum in August on a state constitutional amendment to remove abortion protections. According to data from Pew Research, residents of Kansas — the home state of George Tiller, the physician murdered in 2009 because he provided late-term abortions — are split down the middle on abortion: 49% believe it should be legal in most or all cases, and 49% believe it should be illegal in most or all cases.

Kentucky

Abortion is illegal, per a trigger ban that took effect immediately on June 24.

Louisiana

Abortion was illegal for the three days immediately after the ruling because of a trigger law, became legal again after a court blocked the trigger law, and may become illegal again in July. In short, there’s confusion over the specifics of the trigger law’s mechanics, but it’s likely to eventually take effect. The next hearing is July 8.

*Maine

Abortion is legal and will remain so per state law.

*Maryland

Abortion is legal and will remain so per state law.

*Massachusetts

Abortion is legal and will remain so per state law.

*Michigan

Abortion is legal currently. A state law banning abortion that predates Roe has been blocked by the courts, and the governor and attorney general have said it will not be enforced. Both are up for re-election this year. A slight majority of Michigan residents (54%) believe abortion should be legal in all or most cases, compared to 42% who believe the opposite.

*Minnesota

Abortion is legal.

Mississippi

Abortion will become illegal July 7, with exceptions for rape (requiring a police report) or to preserve the mother’s life, per a trigger ban after the attorney general certified the Dobbs decision on June 27.

Missouri

Abortion is illegal, per a trigger law that took effect immediately on June 24. A major healthcare system has also stopped providing emergency contraception out of fear that could be included in the abortion ban, even though emergency contraception is not a form of abortion.

*Montana

Abortion is legal and protected by the state constitution. Some observers worry the Republican governor and legislature may seek an abortion ban.

Nebraska

Abortion is legal. A recent trigger law narrowly failed to pass in the legislature, and the governor is considering whether to call a special session to pass an abortion ban.

*Nevada

Abortion is legal and will remain so per state law.

*New Hampshire

Abortion is legal.

*New Jersey

Abortion is legal and will remain so per state law.

*New Mexico

Abortion is legal.

*New York

Abortion is legal and will remain so per state law.

North Carolina

Abortion is currently legal. The Republican legislature may attempt to pass an abortion ban. The Democratic governor has previously vetoed anti-abortion legislation but is up for re-election in 2024.

North Dakota

Abortion is currently legal but will become illegal within 30 days of the state legislative council approving the state attorney general’s certification of the Dobbs decision.

Ohio

Abortion is legal up until 6 weeks only.

Oklahoma

Abortion is illegal, per a law passed this year and a previous trigger law.

*Oregon

Abortion is legal and will remain so per state law.

Pennsylvania

Abortion is currently legal. The Republican legislature may attempt to pass an abortion ban. The Democratic governor has previously vetoed anti-abortion legislation but is up for re-election this November.

*Rhode Island

Abortion is legal and will remain so per state law.

South Carolina

Abortion is legal only until detection of fetal cardiac activity (about 6 weeks) per a law that had been blocked by the courts but just went into effect July 27. After that, it’s illegal except in cases of rape, incest, or the life of the mother, but a new bill has already been filed to pass a complete abortion ban.

South Dakota

Abortion is illegal, per a trigger law that took effect immediately on June 24.

Tennessee

Abortion is currently legal but will become illegal July 24, per a trigger law.

Texas

Abortion is legal for now up until 6 weeks or until fetal cardiac activity is detectable, but a trigger law is expected to take effect. Abortion services were briefly been halted when the Dobbs ruling was announced because of a pre-Roe law on the books that Texas Attorney General Ken Paxton said he would enforce, but after abortion providers challenged that, a judge issued a temporary restraining order blocking that ban, stating that it had been repealed. However, only clinics named in the lawsuit can begin resuming abortion services, at least until the next hearing on July 12, and Texas has a trigger law expected to take effect in late August that would ban all abortion in the state.

Utah

Abortion is legal up until 18 weeks gestational age until July 11, when the state’s trigger law will take effect, per a state court’s temporary restraining order that delayed the law from taking effect for 14 days. Exceptions exist for rape, incest, saving the mother’s life, or a lethal fetal deformity.

*Vermont

Abortion is legal and will remain so per state law.

*Virginia

Abortion is legal and likely to remain so if the Senate remains controlled by Democrats in 2023.

*Washington

Abortion is legal and will remain so per state law.

*Washington, D.C.

Abortion is legal and will remain so per state law.

West Virginia

No abortions are available currently. The state’s sole abortion provider halted all services after the Dobbs ruling and is waiting for the state attorney general and other state leaders to determine whether an 1882 law outlawing abortion is still enforceable. The law does not allow exceptions for rape or incest, and it’s unclear whether it applies only to providers or also to those seeking an abortion. The anti-choice governor, Jim Justice, doesn’t seem in any hurry to get answers on the legality of the 1882 law and has expressed willingness to call a special session to pass abortion legislation depending on what lawyers decide. It’s unlikely abortions will become available again in West Virginia for now, and if they do, it’s unlikely to last.

Wisconsin

No abortions are available currently, though availability should return soon. The state’s abortion clinics halted services after the Dobbs ruling because of an 1849 law outlawing abortion that wasn’t removed after Roe. The Democratic state attorney general and several district attorneys have said they will not enforce the law, and the Democratic governor has said he will grant clemency to any doctors prosecuted under the law. A lawsuit challenging the 1849 law is expected soon, but until then, other district attorneys could theoretically prosecute physicians using the law.

Though abortion services are likely to return soon, it’s unclear how secure abortion rights are in Wisconsin. The current pro-choice Democratic governor, Tony Evers, is up for re-election this November. Wisconsin residents favor abortion 53% to 45%, but Wisconsin is also home to anti-choice former governor Scott Walker and anti-choice former Speaker of the House Paul Ryan.

Wyoming

Abortion is currently legal but will become illegal within the month after the governor certifies the Dobbs decision.

Going Forward…

I will try to update this list as possible, but here are other map resources where you can also check on your state or surrounding state’s abortion access: