The Changing Scene of Current Abortion Laws in the USA (June 2024)

The legal landscape surrounding abortion in the United States has undergone a dramatic shift in recent years, culminating in the landmark Supreme Court decision of Dobbs v. Jackson Women’s Health Organization in June 2022.

This decision overturned Roe v. Wade, the 1973 case that established a constitutional right to abortion nationwide. With Roe overturned, the authority to regulate abortion access has shifted back to individual states.

Pre-Roe vs. Wade Era (Before 1973)

Prior to Roe v. Wade, abortion laws varied widely across the country. Some states completely outlawed abortion, while others allowed it only to save the life of the mother or in cases of rape or incest. This patchwork of laws created significant disparities in access to safe and legal abortion services.

Roe v. Wade and Planned Parenthood v. Casey (1973-2022)

The landmark 1973 decision in Roe v. Wade established a woman’s constitutional right to abortion. The Supreme Court created a trimester framework, granting states increasing regulatory power over abortion as the pregnancy progressed.

In 1992, Planned Parenthood v. Casey reaffirmed the core holding of Roe but replaced the trimester framework with an “undue burden” test. This test prohibited states from enacting regulations that placed an undue burden on a woman’s ability to access an abortion before fetal viability.

The Rise of Abortion Restrictions (Post-Roe)

Even during the Roe era, states passed various restrictions on abortion access, including:

• Waiting periods: These laws require women to wait a specific period of time, usually 24 or 48 hours, between an initial consultation and the abortion procedure.
• Parental consent laws: These laws require minors to obtain parental consent before obtaining an abortion.
• Mandatory counseling: These laws require women to undergo counseling, often including information about adoption and the risks of abortion, before obtaining an abortion.
• TRAP laws (Targeted Regulation of Abortion Providers): These laws impose unnecessary regulations on abortion clinics, often leading to clinic closures and reduced access to care.

These restrictions were often challenged in court, with mixed results. However, they signaled a growing effort by anti-abortion legislators to restrict access to abortion even under Roe’s protections.

Dobbs v. Jackson Women’s Health Organization (2022)

In June 2022, the Supreme Court overturned Roe v. Wade in a highly anticipated decision, Dobbs v. Jackson Women’s Health Organization. The Court held that the Constitution does not confer a right to abortion and that the issue of abortion regulation should be left to the states.

The Current Landscape (as of June 2024)

The Dobbs decision has triggered a rapid shift in the legal landscape of abortion access in the United States. As of June 2024:

• 14 states have outright bans on abortion, with some exceptions for the life of the mother or in cases of rape or incest. These bans are currently being challenged in court, with some states facing legal injunctions that temporarily block enforcement.
• 26 states are likely to severely restrict or outright ban abortion in the near future. These states have “trigger laws” that automatically ban abortion upon the overturn of Roe or have passed legislation restricting abortion access in anticipation of the Dobbs decision.
• 21 states and the District of Columbia have laws protecting abortion access. These states have enshrined abortion rights in their state constitutions or passed legislation protecting abortion access.

Abortion Laws by State (as of June 2024)

State of the USA	Abortion Status	Notes
Iowa	Likely to be banned	Trigger law in effect
Kansas	Protected (for now)	Kansas Supreme Court recently affirmed right to abortion under state constitution, but future restrictions possible
Kentucky	Likely to be banned	Trigger law in effect
Louisiana	Illegal (currently enjoined)	Trigger law in effect
Maine	Protected	Right to abortion enshrined in state constitution
Maryland	Protected	State law protects abortion access
Massachusetts	Protected	Right to abortion enshrined in state constitution
Michigan	Protected (for now)	Court challenge to a 1931 abortion ban is ongoing
Minnesota	Protected	Right to abortion enshrined in state constitution
Mississippi	Illegal	Exception for life of the mother or rape reported to law enforcement
Missouri	Illegal (currently enjoined)	Trigger law in effect
Montana	Likely to be banned	Trigger law in effect
Nebraska	Likely to be banned	Trigger law in effect
Nevada	Protected	State law protects abortion access
New Hampshire	Protected	State law protects abortion access
New Jersey	Protected	Right to abortion enshrined in state constitution
New Mexico	Protected	State law protects abortion access
New York	Protected	Right to abortion enshrined in state constitution
North Carolina	Illegal after 20 weeks (except for rape/incest or life of the mother)
North Dakota	Likely to be banned	Trigger law in effect
Ohio	Likely to be banned	Trigger law in effect
Oklahoma	Illegal (currently enjoined)	Multiple abortion bans passed in recent years
Oregon	Protected	Right to abortion enshrined in state constitution
Pennsylvania	Protected (for now)	Future restrictions possible
Rhode Island	Protected	Right to abortion enshrined in state constitution
South Carolina	Illegal after 6 weeks	Exception for life of the mother or rape/incest reported to law enforcement
South Dakota	Likely to be banned	Trigger law in effect
Tennessee	Likely to be banned	Trigger law in effect
Texas	Illegal after 6 weeks (currently enjoined)	Exception for life of the mother or medical emergency
Utah	Likely to be banned	Trigger law in effect
Vermont	Protected	Right to abortion enshrined in state constitution
Virginia	Protected	State law protects abortion access
Washington	Protected	Right to abortion enshrined in state constitution
West Virginia	Likely to be banned	Trigger law in effect
Wisconsin	Likely to be banned	Trigger law in effect
Wyoming	Likely to be banned	Trigger law in effect

Please note: This table is for informational purposes only and may not reflect the latest legal developments. It is important to consult with an attorney to understand the current abortion laws in your state.

Impact of the Dobbs Decision

The consequences of the Dobbs decision are already being felt across the country. Here are some key impacts:

• Reduced access to abortion: Millions of women have lost access to safe and legal abortion services in states that have banned or severely restricted abortion. This disproportionately affects low-income women and women of color, who are more likely to lack the resources to travel to a state where abortion is legal.
• Increased strain on abortion clinics: Clinics in states where abortion remains legal are experiencing a surge in demand for services from women traveling from states with bans or restrictions. This is putting a strain on clinic resources and making it more difficult for women to access timely care.
• Legal uncertainty: The legal landscape surrounding abortion is constantly evolving, with numerous lawsuits challenging abortion bans and restrictions. This uncertainty creates confusion and anxiety for women seeking abortions and healthcare providers.

The Future of Abortion Rights in the USA

The future of abortion rights in the United States remains uncertain. Here are some potential developments:

• Congressional action: Congress could pass legislation to codify Roe v. Wade and establish a national right to abortion. However, this is unlikely given the current political climate.
• Ballot initiatives: Voters in some states may have the opportunity to vote on ballot initiatives that would protect or restrict abortion access.
• Supreme Court action: The Supreme Court could issue future rulings that further clarify the scope of abortion rights under the Constitution.
• Protests and activism: Protests and activism are likely to continue on both sides of the abortion debate.

The issue of abortion rights is deeply divisive in the United States. The Dobbs decision has reignited the debate and is likely to shape