Wednesday, February 20, 2019

Abortion Policy in the Absence of Roe

State
Restricting the right to abortion
Protecting the right to abortion

Unenforced pre-Roe abortion ban
Post-Roe ban intended to take effect if Roeoverturned
Unconstitutional, post-Roerestrictions that could take effect if Roe overturned
Expressed intent to limit abortion to maximum extent permitted
Throughout pregnancy
Prior to viability
Alabama
X†,‡





Arizona
X





Arkansas
X

s
X


California





X
Connecticut





X
Delaware





X
Hawaii





X
Iowa


s



Kansas



X


Kentucky



X


Louisiana

X
q
X


Maine





X
Maryland





X
Michigan
X





Mississippi
X†,Ψ
X




Missouri



X


Nevada





X
New Mexico
XΩ





New York





North Dakota

X
q
X


Ohio



X


Oregon




X

Oklahoma
X





Rhode Island
q





South Dakota

X




Texas
q





Utah


q



Washington





X
West Virginia
X





Wisconsin
X





TOTAL
9
4
0
7
1
9
q Permanently enjoined by court order; law not in effect.
s Temporarily enjoined by court order; law not in effect.
†   Law includes an exception to protect the life of the woman.
‡   Law includes an exception to protect the health of the woman. 
Ψ  Law includes an exception in cases of rape. 
Ω  Law does not apply in cases when necessary to protect the life of the woman, when necessary to preserve the physical health or mental health of the woman, when the pregnancy is the result of rape or incest, or when the fetus may be born with defects.

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