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LIST: States that could ban abortion if Roe v. Wade is overturned

AP Poll Abortion
Posted at 12:54 PM, May 03, 2022
and last updated 2022-05-04 11:32:26-04

(KGTV) – The leaked U.S. Supreme Court draft opinion on the potential overturning of Roe v. Wade has many wondering what each state will do with their respective abortion laws if the decision is reversed.

The landmark Roe v. Wade decision in 1973 legalized abortions nationwide prior to viability, which can occur around 24 weeks of pregnancy.

According to the Guttmacher Institute, an organization focused on reproductive rights, if the Supreme Court were to follow through on what was written in the draft, and overturn Roe v. Wade, individual states would be given authority to enact a ban on abortions and/or place restrictions, or continue to allow them.

The following states have different types of abortion bans (six-week bans, near-total bans, etc.) in place and are "certain to ban abortion" if the Supreme Court does reverse Roe v. Wade, according to the Institute:

  • Alabama
  • Arizona
  • Arkansas
  • Georgia
  • Idaho
  • Iowa
  • Kentucky
  • Louisiana
  • Michigan
  • Mississippi
  • Missouri
  • North Dakota
  • Ohio
  • Oklahoma
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • West Virginia
  • Wisconsin
  • Wyoming

The Guttmacher Institute noted Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming have so-called “trigger” abortion bans that can take effect immediately in the event Roe v. Wade is overturned.

The following states (and the District of Columbia) protect the right to abortion, even if Roe v. Wade is overturned, the Institute reported:

  • Alaska
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Hawaii
  • Illinois
  • Maine
  • Maryland
  • Massachusetts
  • Nevada
  • New Mexico
  • Nevada
  • New Jersey
  • New York
  • Oregon
  • Rhode Island
  • Vermont
  • Washington

The Guttmacher Institute believes these states would likely ban abortion based on factors such as “political composition”:

  • Florida
  • Indiana
  • Montana
  • Nebraska

NOTE: Guttmacher Institute did not display information for New Hampshire, Pennsylvania, and Virginia.