Tracking state abortion bans in the US
On June 24, the Supreme Court overturned Roe v. Wade, ending the constitutional right to abortion and jeopardizing abortion access in more than 20 states. Hours after the ruling, state governments and legislatures began implementing abortion trigger bans to outlaw the procedure while pro-abortion rights clinics and activists started suing state governments to block the bans.
The result has been a nation forced into a pit of legal quicksand with laws changing daily between states while larger questions about reproductive health access — like interstate abortion criminalization, data privacy, fertility treatments, miscarriages and emergency contraceptives — remain in limbo.
Healthcare Dive has designed a detailed map and interactive state tracker in an effort to clarify rapidly changing abortion laws. Readers can sort by state, abortion ban type, the amount of weeks into a pregnancy after which an abortion is prohibited and abortion ban exceptions. There are also descriptions of abortion laws in each state.
Abortion laws are characterized as legal, illegal or legal but awaiting a ban. For those in the last category, abortion status may be influenced by bans tied up in court or awaiting clarity regarding enforcement. The description has state-specific clarifications.
Here’s the methodology: An illegal status means that an abortion ban is currently enacted before the prior-established Roe v. Wade fetal viability line, or about 24 weeks of pregnancy. This means that any state that has banned abortion before 24 weeks of pregnancy — either a total ban, after six weeks of pregnancy, 15 weeks of pregnancy, or others — are classified as illegal. States where abortion is legal at any stage as well as those where it is legal up to 24 weeks of pregnancy is classified under a legal status.
The tracker will be updated as states shift their laws. Sign up for the Healthcare Dive newsletter to read the latest stories examining abortion issues facing patients and providers.