By Kiley Irizarry 
Photo: Anti-abortion and abortion rights activists protest on multiple floors within the Indiana State Capitol rotunda on July 25, 2022 in Indianapolis, Indiana. (Jon Cherry/Getty Images)
It has been almost three years since the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health decision overturned the landmark Roe v. Wade decision that protected the right to an abortion in the United States Constitution. Since then, federalism has left the abortion question to the states. This has resulted in a wide variety of abortion laws around the country and a frenzy of legal challenges. Here is what that battle looks like across the country:
Alabama
Alabama has a total ban on abortion in all stages under the Alabama Code. The only exceptions are to save the life of the mother and to preserve the health of the mother. There are no exceptions for rape or incest. The code clarifies that “no woman upon whom an abortion is performed or attempted to be performed shall be criminally or civilly liable,” however, anyone who performs an abortion can be punished with a Class A felony.
No law prohibits Alabamans from leaving the state to get an abortion, nor is there any law that prohibits groups from assisting those who wish to leave the state to get an abortion. However, Alabama Attorney General Steve Marshall has threatened prosecution of those who assist an abortion seeker with traveling out of state to receive an abortion. This threat is currently being challenged in court by the abortion rights group, the West Alabama Women’s Center. If the West Alabama Women’s Center succeeds, it could prevent states with abortion bans from taking measures to prosecute doctors and abortion rights groups that assist abortion seekers from states with bans from receiving one. However, if Alabama succeeds, it will set a precedent that will allow states to successfully prosecute abortion assistance groups, which will restrict abortion access even further for people who live in states where there are abortion bans in place.
Alaska
Abortion is legal in Alaska in all stages under the Alaska Statutes. Although there is no explicit protection for abortion in the Alaska State Constitution, the Alaska Supreme Court decided in 2015 that the right to privacy under Article 1, Section 22 of the Alaska State Constitution includes the right to obtain an abortion. Recently, a requirement under the Alaska Code that restricted abortions to only being performed by physicians was struck down, meaning nurse practitioners can now perform abortions in Alaska.
As of this piece’s publication, there are no active lawsuits challenging the right to an abortion in Alaska.
Arizona
Abortion is codified into the Arizona State Constitution as a fundamental right under Article 2, Section 8.1. It is listed as a subset under the right to privacy section in Section 8. Under the state constitution, the state puts three restrictions on itself: it cannot interfere with an abortion before viability, it cannot interfere with a post-viable abortion if the life of the mother is at risk, and it cannot penalize anyone who assists a patient in receiving an abortion. This codification came after the 2024 Arizona Proposition 139 in which Arizonians voted to add the amendment in Article 2, Section 8.1 to the constitution.
Despite the passing of Proposition 139, a 15-week ban was still written into the laws of Arizona. This ban was recently permanently overturned by an Arizona Judge for being unconstitutional under the state constitution.
Arkansas
Arkansas has a total ban on abortion and abortion medication in all stages under the Arkansas Criminal Code. The only exception is to save the mother’s life. There is no penalty for anyone who gets an abortion, however, whoever performs the abortion will face criminal penalties “not to exceed ten (10) years.”
There is no active lawsuit challenging Arkansas’ abortion law.
California
Abortion is codified into the California State Constitution as a fundamental right under Article 1, Section 1.1. Under California’s constitution, the state cannot “deny or interfere with an individual’s reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion and their fundamental right to choose or refuse contraceptives.” This codification came after Californians voted in favor of a 2022 Proposition that would explicitly name abortion as a fundamental right in the state Constitution.
Californians’ right to privacy under Section 1 of the California Constitution was already interpreted by the California Supreme Court to include abortion in the 1969 landmark People v. Belous case. However, Section 1 did not explicitly mention abortion until Proposition 1 added the language into the section.
Abortion in California is restricted at the viability of the fetus unless it is to save the life of the mother.
There are no active lawsuits challenging the right to an abortion in California.
Colorado
Abortion is codified into the Colorado Constitution under Article 2, Section 32. Under the Colorado Constitution, the state “shall not deny, impede, or discriminate against the exercise of that right, including prohibiting health insurance coverage for abortion.” Colorado is one of the only states with explicit protection for health insurance coverage of abortion in their state constitution. This came after Coloradans voted in favor of a 2024 ballot measure to enshrine the right to an abortion into the state constitution.
Colorado also has a statutory protection in the Colorado Code that considers abortion to be a fundamental right. There is no restriction as to when an abortion can be performed in Colorado.
Colorado has enacted a “shield law” to protect doctors and anyone who has assisted someone from out of state to receive an abortion. Some of the protection measures include prohibiting “a peace officer from knowingly arresting or participating in the arrest of any person who engages in a legally protected health-care activity” and prohibiting a Colorado judge from summoning a doctor for violating another state’s health activity law if the form of health care is legal in Colorado.
There are no active lawsuits challenging the right to an abortion in Colorado.
Connecticut
Abortion is legal in Connecticut until the viability of the fetus under the Connecticut Health Code. Abortion is allowed after the fetus is viable only to save the life or protect the health of the mother. There are no explicit protections in the Connecticut Constitution for abortion, nor has the Connecticut abortion law been challenged in court. Like Colorado, Connecticut has enacted a shield law that protects those from out-of-state who wish to receive an abortion in Connecticut.
There are no active lawsuits challenging the right to an abortion in Connecticut.
Delaware
Abortion is legal in Delaware until the viability of the fetus under the Delaware Health Code. Abortion is allowed after the fetus is viable only to save the life of the mother or in the case of a fatal fetal anomaly. The code includes protections for abortion medication such as “Mifeprex, Mifepristone, and Misoprostol.” This protection is in stark contrast to many other states that have moved to ban these three abortion pills for their citizens.
Delaware has enacted several protections for those from out of the state who wish to have an abortion. In 2017, Delaware repealed the requirement that only citizens of Delaware can receive an abortion in the state, and in 2022, a “shield law” was passed that does not require Delaware to cooperate with out-of-state investigations about non-Delaware citizens who have gotten abortions in Delaware or Delaware doctors that have performed those abortions.
Although the Delaware Constitution does not have explicit protections for abortion, a Senate Bill was recently introduced into the legislature that proposes an amendment protecting the right to abortion in the Delaware Constitution. It is similar to the California amendment.
Florida
Abortion is prohibited at six weeks under the Florida Public Health Code. This is a variation of the “heartbeat bill,” in which abortion is banned at 6 weeks, or when a fetal heartbeat can be detected. “Heartbeat bills” consider fetal heartbeats to be detected at six weeks, however, gynecologist groups consider this a medically inaccurate assessment. There are exceptions for saving the life of the mother, protecting the health of the mother, fetal abnormalities, and cases of rape, incest, and human trafficking. In cases of rape, incest, and human trafficking, the gestational age of the fetus cannot surpass “15 weeks as determined by the physician.”
Furthermore, these cases must be reported to the police by the victim to receive an abortion. If 15 weeks have passed or if the case was not reported to police, the pregnancy must proceed. However, if someone receives an abortion, they will not face a criminal penalty.
Abortion medication is banned according to the In-Person Abortion restriction included in the Health Code that states “a physician may not use telehealth as defined in §456.47 to perform an abortion, including, but not limited to, medical abortions.” The performance or participation in an abortion is considered a third-degree felony, which is a sentence of imprisonment for up to five years.
In April 2024, the Florida Supreme Court upheld the 15-week abortion ban that was in place prior to the 6-week ban. The court’s opinion found that the Florida Constitution did not protect the right to an abortion as there was “there is no basis under the Privacy Clause to invalidate
the statute.” However, in November 2024, an amendment proposal that would have added explicit protections for abortion rights into the Florida constitution made the ballot. Florida election laws require constitutional amendments to reach 60% approval to pass. The initiative failed at 57.7% approval.
Georgia
Abortion is prohibited at the detection of a fetal heartbeat under the Georgia Criminal Code. There are exceptions for a medical emergency and rape or incest. In the case of rape or incest, a police report must be filed when the “probable gestational age of the unborn child is 20 weeks or less,” according to the code. It is illegal for a physician to prescribe abortion medications such as Mifepristone. The performance or participation in abortion is punishable with prison time ranging from “not less than one nor more than ten years.”
A new bill was introduced in the Georgia House of Representatives this legislative session that defines a human being as “a living human and an unborn child at every stage of development from fertilization until birth.” The bill, which cites the Fourteenth Amendment’s Equal Protection Clause, aims to ensure fetuses are protected with the same rights as born humans are, meaning that abortion shall be prosecuted the same as the homicide of a born human. The bill reiterates that “life is valued and protected from the moment of conception and that each life, from that moment, is accorded the same rights and protections guaranteed to all persons.” Although in the early stages, this bill and its partner, Senate Bill 200 have already been opposed by the ACLU for this language. Inferring from the ACLU’s contentious history with the Georgia legislature on the topic of abortion, it is likely to result in a lawsuit if it is passed.
The Georgia case Sistersong v. Georgia has challenged the heartbeat bill since its inception. However, the Georgia Supreme Court has questioned Sistersong’s right to sue as a third party in the case. In another Georgia Supreme Court case, the court cast doubt on the legal standing of a third party that sues on behalf of someone else because they assert their rights are the same as who they are suing on behalf of. This new development could potentially throw out this nearly three-year lawsuit.
Idaho
Idaho has a total ban on abortion in all stages under Title 18, Chapter 6 of the Idaho Health Code. There are exceptions to save the life of the mother and in the case of rape or incest. There are no exceptions for fetal abnormalities.
In the cases of rape and incest, the crime must be reported to law enforcement and the abortion must be performed in the first trimester. If these conditions do not occur, the pregnancy must proceed. The criminal penalty for performing an abortion, according to the code, is a “felony punishable by a sentence of imprisonment of no less than two (2) years and no more than five (5) years in prison” as well as the suspension of the abortion providers’ medical license for six months for the first abortion performed, and permanent suspension after the second abortion. There is no criminal conviction for the woman for whom the abortion was performed.
There have been multiple legal challenges against this law. In 2022, the Biden Administration sued Idaho for its abortion law. As Idaho’s law did not include exceptions for an abortion to protect the mothers’ health, only an exception to prevent death, it violated the Emergency Medical Treatment and Active Labor Act (EMTALA). Under the EMTALA, all hospitals must be able to “minimize the risks to the individual’s health and, in the case of a woman in labor, the health of the unborn child.” The Biden Administration argued that without the exception of protecting women’s health and only acting in cases of death, hospitals do not effectively minimize risks to the health of their patients. The district court ruled in favor of a preliminary injunction of the law, putting the abortion law on hold entirely. Idaho countersued for relief from the injunction and was denied by the Supreme Court in 2024 as there was no exception to protect the woman’s health. However, The Supreme Court did not decide whether the law could be overturned, instead dismissing the case as improvidently granted. The Trump administration has moved to drop the lawsuit entirely.
The Center for Reproductive Rights filed a lawsuit to challenge the exceptions to this law in an attempt to get an exception for an abortion in the circumstance that the mother’s health will be in danger. The suit was filed on behalf of multiple Idaho women who experienced fertility loss because the hospital was unsure if it was legal for them to provide the women with medication that could also be used for abortion.
Illinois
Abortion is considered a fundamental right in Illinois under the Illinois Code. Abortion is legal until the viability of the fetus. After viability, abortion is allowed to save the life of the mother. Furthermore, Illinois law protects abortion providers from out-of-state investigation for performing an abortion on a resident from an abortion-banned state. Illinois is facing legal opposition from the Thomas Moore Society for the law under the challenge that it is unconstitutional to require insurance companies to cover abortion.
Indiana
Indiana has a total ban on abortion in all stages per the Indiana Code. There are exceptions to save the life and health of the mother, in cases of rape or incest, and in the case of a fetal anomaly. The code terminates the licenses of abortion clinics in the state.
The ACLU is currently challenging this law in a class action lawsuit with Hoosier Jews for Choice claiming that the law violates the Indiana Religious Freedom Restoration Act. They argue this is because the abortion ban makes the claim multiple times that life begins at fertilization. The lawsuit claims that this “violates Jewish teaching that a fetus attains the status of a living person only at birth.” In 2024, an Indiana Judge approved a preliminary injunction temporarily blocking the ban.
Iowa
Abortion is prohibited in Iowa at the detection of a fetal heartbeat under the Iowa Public Health Code. Iowa is one of the many states with a variation of the “heartbeat bill.” Iowa has exceptions for rape, incest, fetal abnormalities, and miscarriages. The rape and incest exceptions have strict burdens of proof on the victim. The legislature says rape has to be “reported within forty-five days of the incident to a law enforcement agency or to a public or private health agency which may include a family physician” and incest has to be “reported within one hundred forty days of the incident to a law enforcement agency or to a public or private health agency which may include a family physician.” If the crime is not reported or the report surpasses these time frames, the pregnancy must proceed. The Public Health Code protects the women who receive abortions from prosecution, however, a physician who performs an abortion can be charged with a prison sentence of up to five years and the suspension of their medical license.
In 2024, The Iowa Supreme Court ruled in Planned Parenthood of the Heartland v. Reynolds that the Iowa Constitution does not protect the right to an abortion.
Kansas
Abortion in Kansas is legal until the viability of the fetus under the Kansas Public Health Code. Abortions can be performed after viability if the life or health of the mother is at risk. The Kansas Supreme Court recently ruled the State Constitution’s right to personal autonomy includes the right to an abortion after two anti-abortion laws were proposed in the Kansas legislature. In 2022, Kansas voters rejected a constitutional amendment that would have ensured there was “no constitutional right to abortion,” effectively keeping abortion legal in the state. A bill proposing a total ban in all stages with an exception to save the life of the mother was recently proposed in the Kansas legislature. The bill would also make it illegal to “prescribe, dispense, sell, give or otherwise provide mifepristone, mifegyne, mifeperex,” which would make it illegal for doctors in-state and out-of-state to prescribe abortion medication. If the bill is passed by the Kansas legislature, it is likely to be met with legal challenges from abortion groups in Kansas given the Kansas Supreme Court reaffirmed the right to an abortion under the Kansas Constitution in 2019 and 2024.
There are no current lawsuits challenging the right to an abortion in Kansas.
Kentucky
There is a total ban on abortion in all stages in Kentucky under the Kentucky Criminal Code. The only exceptions are to save the life of the mother or to preserve the mother’s health. There are no exceptions for rape or incest. It is also illegal for a physician to “Administer to, prescribe for, procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being.” This law considers the life of the fetus to begin at fertilization. The penalty for performing an abortion in Kentucky is a Class D felony, which is an imprisonment of between one to five years. The woman on whom the abortion is being performed will not be charged, according to the law. All of the penalties are charged to the physician performing the abortion.
A bill was recently introduced into the Kentucky legislature that would add exceptions to the law for cases of rape, incest, and fetal abnormalities. However, in the cases of rape or incest, the abortion must happen in the first six weeks of the pregnancy.
A current Kentucky lawsuit is challenging the abortion ban under the State’s Constitution, claiming it violates the pregnant woman’s right to privacy and self-determination, which are protected by the state constitution.
Louisiana
There is a total ban on abortion in all stages in Louisiana under the Louisiana Health Code. There are exceptions to save the life and preserve the health of the mother. There are no exceptions in cases of rape or incest. Furthermore, “any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being” is banned from being sold or prescribed by Louisiana doctors. Medications commonly used for abortions such as Mifepristone are entirely banned. The patient seeking the abortion will not be punished if an abortion is performed, however, the penalty for anyone who performs an abortion is between one to ten years in prison as well as a $10,000 to $100,000 fine.
Louisiana became the first state to charge an out-of-state doctor for violating their abortion laws by prescribing a Louisiana resident with abortion pills. In January, a Louisiana Grand Jury indicted a New York Doctor for prescribing a Louisiana woman with Mifepristone over telemedicine. Louisiana Governor Jeff Landry has signed an extradition of the Doctor to Louisiana to face trial, however, New York’s Shield Law that protects doctors from out-of-state investigation was enacted, protecting the doctor from charges for now. Gov. Kathy Hochul, in response to being asked to sign the extradition to Louisiana, said no New York doctor will have to answer to abortion extradition “not now, not ever.”
Maine
Abortion is legal in Maine until the viability of the fetus under Title 22, Section 1598 of the Maine State Statutes. Abortions can be performed after viability if the life of the mother is at risk. The language in the statute considers abortion to be a “private decision.” Although Maine does not have an explicit right to privacy in their Constitution, this language is similar to states with that protection, such as California. Maine recently passed a “shield law” that would protect the states’ healthcare providers from being prosecuted for prescribing abortion pills or performing abortions on citizens from states with strict abortion laws.
There are no active lawsuits challenging the right to an abortion in Maine.
Maryland
Abortion is legal until the viability of the fetus in Maryland under the Maryland Health Code. After viability, an abortion is permitted if it is to save the life of the mother or to preserve the health of the mother. In 2024, Maryland voters approved a state constitutional amendment that made abortion an explicit, fundamental right in the state. Maryland has enacted a shield law that prevents stage agents from participating in out-of-state investigations of Maryland doctors for performing an abortion on a resident from a state with an abortion ban.
Despite these laws, a criminal case in Maryland unrelated to the topic of abortion came close to creating a precedent that would allow states to use a woman’s internet research of abortion as evidence of intent to murder her child. Moira Akers was charged with murder in the state of Maryland after her newborn was found dead. State prosecutors submitted Akers’ internet searches on abortion information as evidence of intent to kill her child. The Supreme Court of Maryland decided that Akers and any woman who “lawfully [contemplates] the termination of a pregnancy—does not support the inferences advanced by the State—an intent, plan, or motive to kill or harm a person.” This provides a precedent for Maryland women as they are now protected from being prosecuted based on their internet research on abortion. However, the issue could come up in court for women in states with abortion bans, and the result may not be the same.
Massachusetts
Abortion is legal until twenty-four gestational weeks under the Massachusetts Health Code. An abortion after twenty-four weeks can be performed if it is to preserve the physical or mental health of the mother, to preserve the life of the mother, or in the case of fetal abnormality. Massachusetts has enacted a shield law to protect in-state doctors from out-of-state investigations for performing abortions on residents from states with an abortion ban.
There is no active lawsuit challenging the right to an abortion in Massachusetts.
Michigan
Abortion is protected in the Michigan State Constitution under Article 1, Section 28 as a fundamental right. This protection came after Michigan 2022 Proposition 3 where voters approved an amendment to add explicit protections for abortion into the Michigan Constitution. Under the Michigan Constitution, an “individual’s right to reproductive freedom shall not be denied, burdened, nor infringed upon unless justified by a compelling state interest achieved by the least restrictive means.” Unlike states with similar constitutional protection like California, Michigan includes a restriction to abortion after viability in their state constitution.
Despite the Constitutional Amendment, the Michigan Health Code is being challenged by Pro-Abortion groups for three pre-procedural regulations: the 24-hour wait period to get an abortion, informed consent about the fetus which includes “a medically accurate depiction, illustration, or photograph of a fetus at the probable gestational age of the fetus”, and the requirement that only physicians perform the procedure. Northland Family Planning is suing the state of Michigan, claiming that these three regulations “run roughshod over these constitutional guarantees” from Article 1, Section 28.
Northland Family Planning was granted a preliminary injunction by the State of Michigan’s Court of Claims. As a result, these regulations are temporarily no longer in place, however, the case is proceeding to the Michigan Supreme Court where they will rule on the constitutionality of these regulations.
Minnesota
Abortion is acknowledged as a fundamental right by the Minnesota State Statutes. The statute protects the “right to continue the pregnancy and give birth, or obtain an abortion, and to make autonomous decisions about how to exercise this fundamental right” as well as other forms of reproductive care such as contraception, sterilization, and family planning. Although the Minnesota Constitution does not explicitly mention abortion, the Minnesota Supreme Court found in the 1995 case Doe v. Gomez that the principles of privacy and liberty in the Minnesota Constitution include the right to an abortion.
There are no restrictions on when someone can get an abortion in Minnesota.
Mississippi
Abortion is prohibited in Mississippi at all stages under the Mississippi Public Health Code. The only exceptions are to save the life of the mother and in cases of rape. If the pregnancy is caused by rape, formal charges must be filed by the police for the abortion to occur. There is no penalty for the woman on whom the abortion was performed. However, anyone who performs an abortion faces jail time between one to ten years. A bill has been introduced into the Mississippi House of Representatives that would punish anyone assisting a minor with leaving the state to receive an abortion or assisting a minor with obtaining an abortion pill. The penalty proposed by the House Bill is a prison sentence “not less than twenty years nor more than life.”
There is no active lawsuit challenging abortion laws in Mississippi.
Missouri
Abortion is prohibited in all stages under the Missouri Health Code. The only exception is to save the life of the mother. There are no exceptions for rape or incest. However, in 2024, Missouri voters approved a state constitutional amendment that added explicit protections for abortion into the constitution. As a result, the ban was struck down by a Missouri judge in December. Despite this, Missouri legislators are trying to reinstate the ban with another abortion ban that includes an exception for rape. The bill is moving through the Missouri House of Representatives in conjunction with a proposed constitutional amendment that would ban abortion in the state. This is all occurring despite the passing of the State Constitutional Amendment in 2024.
There is no active lawsuit challenging abortion rights in Missouri.
Montana
Abortion is legal until the viability of the fetus in Montana under the Montana Health Code. An abortion after viability can be performed if it is to save the life of the mother. Recently, Montana voters approved an amendment that would add explicit protections for abortion into the Montana state constitution.
There is no active lawsuit challenging the right to an abortion in Montana.
Part Two Coming Soon