The Post-Dobbs Status Quo: A State-by-State Guide to the Legal Status of Abortion
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In 2022, the Supreme Court overturned Roe v. Wade, pushing the responsibility of determining the legal status of abortion to state governments. Here is a roundup of where things currently stand.
The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overturned Roe vs. Wade in ruling that abortion was no longer a constitutional right. The effects of the Dobbs decision will likely impact group health insurance plans for years to come. Because of this decision, health insurers and employers, especially those with employees in many different states, will need to be aware of the abortion laws of each state.
Several states have changed their laws since Roe was overturned, and more may do so in the future. Employers and health insurers are strongly encouraged to keep track of this ever-changing landscape. The list below is current as of the publication date of this article and applies only to elective abortions. Exceptions for therapeutic abortion vary by state.
Note: In many states abortion is legal “until viability,” the definition of which can vary by jurisdiction.
Each State's Abortion Laws
| State | Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | District of Columbia | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Prohibited | X | X | X | X | X | X | X | X | X | X | X | X | |||||||||||||||||||||||||||||||||||||||
| Restricted | X (Banned after 6 weeks) | X (Banned after 6 weeks) | X (Banned after 6 weeks) | X (Banned after 22 weeks) | X (Until 27 weeks) | X (Banned after 12 weeks) | X (Banned after 24 weeks) | X (Banned after 13 weeks) | X (Banned after 22 weeks) | X (Banned after 24 weeks) | X (Banned after 6 weeks) | X (Banned after 27 weeks) | X (Banned after 22 weeks) | ||||||||||||||||||||||||||||||||||||||
| Uncertain | X (judge struck down abortion ban; currently being appealed) | X (Banned 18 weeks; trigger law completely outlawing abortion is being challenged in the courts) | X (Until viability; law completely banning abortion is being challenged in the courts) | ||||||||||||||||||||||||||||||||||||||||||||||||
| Legal | X | X (Until viability) | X (Until viability) | X | X (Until viability) | X (Until viability) | X | X (Until viability) | X (Until viability) | X | X | X | X | X (Until viability) | X (Until viability) | X (Until viability) | X | X | X (Until viability) | X | X (Until viability) | X | X (Until viability) |