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Tags: abortion | rights | ruling | supreme court | roe

Roe V. Wade Overturned: Here's How the Abortion Ruling Will Affect Each State

Demonstrators congregate in front of the U.S. Supreme Court.

Demonstrators on both sides of the abortion debate filled the street in front of the U.S. Supreme Court after the announcement of the ruling overturning Roe v. Wade. (Anna Moneymaker/Getty Images)

By    |   Friday, 24 June 2022 08:06 PM EDT

The U.S. Supreme Court has formally overturned the Roe v. Wade case from 1973, which had legalized abortion in America for nearly 50 years.

Friday's landmark ruling effectively returns all abortion-related matters to the states. 

Some states will likely enact legislation to ban or severely abortion immediately, or in relatively short time.

Conversely, other states might challenge the basis of the Supreme Court's formal judgment, through other esteemed cases. 

Newsmax offers a capsule look at how the various states — and Washington, D.C. — are moving forward with abortion rights, in the wake of the high court's 5-4 decision.

ALABAMA

LEGALITY: POTENTIALLY ILLEGAL

The Republicans control the state legislature and the governor's office, meaning it'll likely be a smooth process for banning or restricting abortion access. In 2019, Alabama lawmakers made it a felony to perform an abortion at any stage of pregnancy, with no exceptions granted for pregnancies resulting from rape or incest. The only viable exception: the woman's health being at serious risk. Alabama Alabama Attorney General Steve Marshall said abortion providers operating in violation of state law, ”should immediately cease and desist operations.”

ALASKA

LEGALITY: FULL

The U.S. Supreme Court's decision likely won't have an immediate effect on abortion rights in Alaska, due to prior precedent. The Alaska Supreme Court has already interpreted the right to privacy in the state constitution as encompassing abortion rights. That means, for now, abortion is legal throughout the various stages of a woman's pregnancy.

ARIZONA

LEGALITY: LEGAL FOR NOW

A 15-week ban on abortions, similar to Florida and other states, will reportedly go into effect no later than Sept. 29. In the meantime, it remains to be seen if the state's pre-Roe v. Wade law — which prohibited abortion — will be enforced over the next three-plus months.

ARKANSAS

LEGALITY: ILLEGAL SOON

The Republican-controlled legislature has supported abortion bans and restrictions in recent years. As such, Arkansas could be among the first or second wave of states to ban abortion, with the notable exception of the woman's health being at serious risk.

CALIFORNIA

LEGALITY: FULL

Abortions are legal in California throughout every stage of a woman's pregnancy. The state Supreme Court has identified a right to abortion in the state constitution; and state law also protects full abortion access.

COLORADO

LEGALITY: FULL

There are no ambiguities with Colorado's views toward abortions. The procedures are legal throughout a woman's pregnancy, and the state grants full abortion access to those who require the service. 

CONNECTICUT

LEGALITY: FULL

The state's governor and General Assembly support abortion rights. Connecticut offers legalized abortion through every stage of a woman's pregnancy. State law also protects full abortion access.

DELAWARE

LEGALITY: FULL

The Democrats largely control the legislative moves with abortion, which is legal in Delaware through every stage of a woman's pregnancy. State law also protects full abortion access.

WASHINGTON, D.C.

LEGALITY: FULL

The Democrats control Washington's local jurisdiction. As such, abortion is legal throughout a woman's pregnancy, and the district grants full abortion access.

FLORIDA

LEGALITY: FULL

In April, Republican Gov. Ron DeSantis signed a law banning abortion after the initial 15-week period. Friday's ruling seemingly strengthens that initiative. The 15-week ban goes into effect on July 1.

GEORGIA

LEGALITY: LEGAL FOR NOW

Georgia allows abortions until 20 weeks after fertilization; and the 11th Circuit Court of Appeals is currently weighing the merits of lifting the injunction on a 6-week ban. This potential ban would reportedly account for 87% of abortions in the state. The Republicans currently control the legislature and governor's office.

HAWAII

LEGALITY: FULL

The Democrats control the governor's office and roughly 90% of the seats in the state House and Senate. In other words, expect Hawaii to preserve its standing of being the first state to allow abortions at a woman's request (1970), in the wake of Friday's Supreme Court ruling. 

IDAHO

LEGALITY: ILLEGAL SOON

For now, abortion is legal throughout a woman's pregnancy. But perhaps as early as next month, Idaho abortions might only be legal in cases of rape, incest, and when the woman's health is at serious risk.

ILLINOIS

LEGALITY: FULL

In Illinois, the abortion restrictions cover the "point of viability," when it's determined that a fetus would survive outside the womb. This stage typically occurs around the 24th, 25th or 26th weeks.

INDIANA

LEGALITY: FULL

Conservative-minded Indiana allows abortions only until 20 weeks after fertilization. However, it's worth noting: Neither the state Supreme Court nor state constitution have formally recognized abortion. And lawmakers are expected to meet soon, in the wake of the U.S. Supreme Court's landmark ruling.

IOWA

LEGALITY: FULL

The state Supreme Court has recognized abortion under the state constitution. Similar to Indiana, abortions in Iowa are permitted until 20 weeks after fertilization. 

KANSAS

LEGALITY: FULL

Abortions are legal in Kansas until 22 weeks after the woman's last menstrual period. The state Supreme Court recognizes abortion rights in the state constitution. However, come August, voters will vote on whether to amend the state constitution, especially in the wake of Friday's U.S. Supreme Court ruling. 

KENTUCKY

LEGALITY: NONE

In anticipation of the U.S. Supreme Court's ruling, Kentucky lawmakers have already banned abortions in the state, with the lone exception of the woman's health being at serious risk.

LOUISIANA

LEGALITY: NONE

Abortions in Louisiana are now deemed illegal, minus the notable exception of a woman's health being a serious risk. The state already had a trigger law on the books, meaning it would go in effect immediately after the U.S. Supreme Court overturned Roe v. Wade.

MAINE

LEGALITY: FULL

The Democrats control the state legislature and the governor's office. Abortions are legal in Maine, up until the point of viability. State law also protects full abortion access.

MARYLAND

LEGALITY: FULL

Friday's Supreme Court ruling will likely have no effect here. The state of Maryland permits abortions, up until the point of viability. State law also protects full abortion access.

MASSACHUSETTS

LEGALITY: FULL

Massachusetts women can opt for abortions up until the 24-week period of a pregnancy. The state Supreme Court also recognizes abortions in the state constitution.

MICHIGAN

LEGALITY: LEGAL FOR NOW

For now, abortions are legal in Michigan, up until the point of viability. However, the Republicans control the state legislature and might soon return abortion laws back to the pre-Roe v. Wade period. In that event, abortions would be illegal, except for the woman's health being at serious risk. 

MINNESOTA

LEGALITY: FULL

Friday's Supreme Court ruling will likely have no effect in Minnesota. State law permits abortions, up until the point of viability. Lawmakers also grant full abortion access to pregnant women. 

MISSISSIPPI

LEGALITY: ILLEGAL SOON

Republican Gov. Tate Reeves and leaders of the Republican-controlled legislature have seemingly been chipping away at abortion rights for years. In the short term, abortions are legal up to 20 weeks. However, the state reportedly has a trigger law prohibiting all abortions 10 days after the state attorney general certifies the U.S. Supreme Court's overturning of Roe v. Wade. The notable exceptions for abortion: cases of rape or when the woman's health is at serious risk.  

MISSOURI

LEGALITY: ILLEGAL SOON

Similar to Mississippi, the fate of abortion rights could be in the hands of Missouri's attorney general. Eric Schmitt, who currently occupies that post, has promised an immediate response to abortion rights, once the Supreme Court formally acted. In that event, abortion would be illegal in all cases, with the notable exception of the woman's health being at serious risk.

MONTANA

LEGALITY: FULL

State law permits abortions, up until the point of viability. Lawmakers also grant full abortion access to pregnant women. In other words, Friday's ruling from the U.S. Supreme Court might not hold much substance in Montana. The only caveat: Republican Gov. Greg Gianforte reportedly wants to limit access to abortion.

NEBRASKA

LEGALITY: LEGAL FOR NOW

Nebraska allows abortions until 20 weeks after fertilization. At the same time, neither the state Supreme Court nor state constitution have formally recognized abortion. Also, there are no laws protecting abortion access.

NEVADA

LEGALITY: FULL

Nevada permits abortion rights up until the 24th week of a pregnancy. After that, the exception must involve a serious threat to the woman's health. Voters enshrined this right in the state constitution in 1990.

NEW HAMPSHIRE

LEGALITY: FULL

Abortion in New Hampshire has been protected 24 weeks after the woman's last menstrual period. At the same time, the state Supreme Court does not formally recognize abortion in the state constitution. There are also no laws protecting abortion access.

NEW JERSEY

LEGALITY: FULL

In Democrat-controlled New Jersey, abortions are legal through every stage of a woman's pregnancy. The state Supreme Court has identified a right to abortion in the state constitution, and state law also protects full abortion access.

NEW MEXICO

LEGALITY: FULL

This state seemingly plays both sides of the argument. Abortions are allowed throughout a woman's pregnancy, but that particular policy has no legal protections in New Mexico. Also, the state Supreme Court has not recognized abortion rights under the state constitution — even though it has used the state's Equal Rights Amendment to overturn restrictions on Medicaid abortion coverage.

NEW YORK

LEGALITY: FULL

In New York, women can opt in to abortions, up until the 24th week of a pregnancy. The state Supreme Court also recognizes abortions in the state constitution.

NORTH CAROLINA

LEGALITY: LEGAL FOR NOW

At this moment, abortions are legal in this state, up until the point of viability. However, court action might come soon, now that the U.S. Supreme Court has formally overturned Roe v. Wade. According to reports, North Carolina could enact a full ban of abortions or opt for a 20-week termination period.

NORTH DAKOTA

LEGALITY: LEGAL FOR NOW

Abortion will likely become illegal in North Dakota, after the state attorney general certifies the U.S. Supreme Court's ruling on Roe v. Wade with the state's legislative council. After that, the trigger law would ban all abortions, with the notable exceptions of rape, incest or the woman's health being at serious risk. 

OHIO

LEGALITY: FULL

Abortions are currently legal until 20 weeks after fertilization. However, a state law banning abortion six weeks after the woman's last menstrual period could soon be approved, depending on the courts and the leadership party affiliation within the state. The abortion exceptions include the woman's health being at serious risk. 

OKLAHOMA

LEGALITY: NONE

The Republicans have a supermajority in the state House and Senate chambers and control the governor's office. And in anticipation of the U.S. Supreme Court's ruling, Oklahoma lawmakers have already banned abortions in the state, with the exception of the woman's health being at serious risk.

OREGON

LEGALITY: FULL

Abortions are legal in Oregon throughout every stage of a woman's pregnancy. The state Supreme Court has identified a right to abortion in the state constitution, and state law also protects full abortion access.

PENNSYLVANIA

LEGALITY: FULL

Abortion in Pennsylvania has protections 24 weeks after the woman's last menstrual period. At the same time, the state Supreme Court does not formally recognize abortion in the state constitution. There are also no laws protecting abortion access.

RHODE ISLAND

LEGALITY: FULL

Abortions are legal in Rhode Island throughout every stage of a woman's pregnancy. The state Supreme Court has identified a right to abortion in the state constitution, and state law also protects full abortion access.

SOUTH CAROLINA

LEGALITY: LEGAL FOR NOW

Abortions are currently legal until 20 weeks after fertilization. However, a state law banning abortion six weeks after the woman's last menstrual period could soon be approved, depending on the courts. The abortion exceptions include rape, incest, the woman's health being at serious risk and in cases of fatal fetal anomaly.

SOUTH DAKOTA

LEGALITY: NONE

In anticipation of the U.S. Supreme Court's ruling, South Dakota lawmakers have already banned abortions in the state, with the lone exception of the woman's health being at serious risk.

TENNESSEE

LEGALITY: LEGAL FOR NOW

State law permits abortions, up until the point of viability. However, the state reportedly has a trigger law prohibiting all abortions 30 days after the U.S. Supreme Court's overturning of Roe v. Wade. The notable exceptions for abortion: the woman's health being at serious risk.  

TEXAS

LEGALITY: ILLEGAL SOON

Similar to Tennessee, Texas reportedly has a trigger law prohibiting all abortions 30 days after the U.S. Supreme Court's overturning of Roe v. Wade. The notable exceptions for abortion: The woman's health is at serious risk. In the meantime, abortion has been banned after six weeks of pregnancy since September, a law that's enforced through a private right of action. 

UTAH

LEGALITY: LEGAL FOR NOW

Republicans boast a supermajority in Utah, controlling the House and Senate chambers, along with the governor's office. The state has a trigger law prohibiting all abortions after the U.S. Supreme Court's overturning of Roe v. Wade. The notable exceptions for abortion: cases of rape or incest and the woman's health being at serious risk. There are also exceptions for fatal fetal anomaly or severe brain abnormality.

VERMONT

LEGALITY: FULL

Abortions are legal in Vermont throughout every stage of a woman's pregnancy. The state Supreme Court has identified a right to abortion in the state constitution, and state law also protects full abortion access.

VIRGINIA

LEGALITY: FULL

In Virginia, abortions are permitted up until the third trimester of a pregnancy. Also, the state Supreme Court does not recognize abortion rights in the state constitution; and state law does not protect full abortion access.

WASHINGTON

LEGALITY: FULL

Friday's Supreme Court ruling might not have any effect on Washington. State law permits abortions, up until the point of viability. Lawmakers also grant full abortion access to pregnant women. 

WEST VIRGINIA

LEGALITY: POTENTIALLY ILLEGAL

The state may revert back to pre-Roe v. Wade abortion laws. In that event, abortions would be banned, except for when a woman's health is at serious risk.

WISCONSIN

LEGALITY: POTENTIALLY ILLEGAL

Similar to West Virginia, Wisconsin might revert back to pre-Roe v. Wade abortion laws. In that event, abortions would be banned, except for a woman's health being at serious risk.

WYOMING

LEGALITY: ILLEGAL SOON

For now, abortions are permitted in Wyoming, up until the point of viability. The state also has a trigger law that would ban abortions, shortly after U.S. Supreme Court overturned Roe v. Wade. The state attorney general must review that decision and then send a report to the Wyoming governor within 30 days. After that, the governor has a short time window to certify the new law. In that event, abortions would be banned in the state, with the notable exceptions of rape, incest or the woman's health being at serious risk.

© 2022 Newsmax. All rights reserved.


Politics
The U.S. Supreme Court has formally overturned the Roe v. Wade case from 1973, which had legalized abortion in America for nearly 50 years.Friday's landmark ruling effectively returns all abortion-related matters to the states.
abortion, rights, ruling, supreme court, roe
2425
2022-06-24
Friday, 24 June 2022 08:06 PM
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