The latest action on abortion legislation across the states

Restrictions we’re tracking

Protections we’re tracking

Kentucky stopped providing abortions for a week in mid-April after Republican lawmakers passed a sweeping package of restrictions that included a ban on abortions after 15 weeks of pregnancy. Less than 24 hours later, Florida’s governor Ron DeSantis (R) signed another 15-week ban, calling the restrictions “the most significant protections for life that have been enacted in this state in a generation.” And by the end of the month, lawmakers in Oklahoma had passed a six-week ban that will halt most abortions in the state as soon as it’s signed into law.

While a lot of the bills this year look similar to bills we’ve seen before, the stakes are completely different. In recent years, the most restrictive bans were blocked by the courts, ruled unconstitutional because they violated Supreme Court precedent established in Roe v. Wade, which has protected the constitutional right to abortion for nearly 50 years.

[What abortion laws would look like if Roe v. Wade were overturned]

But nine months after the Texas ban took effect, as the Supreme Court considers a case that could overturn or significantly weaken Roe, antiabortion legislators across the country are newly energized, passing bills that could reshape the abortion landscape in the United States by the end of the summer.

Latest updates

May 3  •  Restriction

A Texas-style ban in Oklahoma is signed into law.   Read more »

Signed into law

April 30  •  Protection

A bill that would protect the right to abortion in Connecticut passes the legislature.   Read more »

Passed both chambers

April 26  •  Restriction

A trigger ban in Oklahoma passes the legislature.   

Passed both chambers

April 25  •  Protection

A bill that would protect the right to abortion in Maine passes the legislature.   

Passed both chambers

As Republican-led states move to restrict abortion and Democratic-dominated states move to protect access to the procedure, here are the types of legislation we are tracking most closely:

15-week bans

Passed but blocked by courts in three states

Recent action in three states

Note: No state currently has a 15-week ban.

Lawmakers in several GOP-led states have been pushing bills that mirror Mississippi’s 15-week abortion ban, the law at the heart of the case pending before the Supreme Court, hoping to maximize the chance that their legislation can take effect after the high court rules this summer.

[Chief Justice Roberts said Mississippi’s 15-week abortion ban was ‘the standard’ around the world. The reality is more complicated.]

Republicans have described these bans as a sensible “compromise,” compared to the more restrictive six-week ban in Texas. But a 15-week ban still represents a dramatic rollback of the standard established by Roe, which protects the right to abortion until a fetus is viable outside the womb, around 24 weeks.

States considering a 15-week ban

Party control
State and party controlHouseSenateGovernorLegislation status
Arizona  

Set to take effect in mid July

RRR
Signed into law
Florida   Read more »

Set to take effect in July

RRR
Kentucky   Read more »

Temporarily blocked by the courts

RRD
Blocked by courts
West Virginia   RRR
Passed one chamber

Texas-style bans

Previously enacted in one state

Passed but blocked by courts in one state

Recent action in 12 states

Antiabortion lawmakers across the country saw a major opportunity in Texas’s restrictive six-week ban, which empowers private citizens to enforce the law through civil litigation. Using this novel legal strategy, Texas lawmakers figured out a way to bypass the courts, which have halted a dozen similar bans in the past. Almost immediately after the Texas law took effect, Republican lawmakers in other states began expressing their intentions to try the same strategy.

[Texas’s strict new abortion law has eluded multiple court challenges. Abortion rights advocates think they have a new path to get it blocked.]

Nine months later, more than a dozen states have proposed their own versions of the Texas abortion ban. Most of these laws ban abortion after six weeks of pregnancy, before most people know they’re pregnant, and all utilize the Texas law’s enforcement mechanism.

One important thing to note: These laws could start to take effect long before the Supreme Court rules this summer.

States considering a Texas-style ban

Party control
State and party controlHouseSenateGovernorLegislation status
Oklahoma   Read more »RRR
Signed into law
Idaho   Read more »

Temporarily blocked by the courts

RRR
Blocked by courts
Alabama   RRR
Introduced
Arizona   RRR
Arkansas   RRR
Florida   Read more »RRR
Louisiana   RRD
Maryland   DDR
Minnesota   DRD
Missouri   Read more »RRR
Ohio   RRR
Tennessee   RRR
Wisconsin   RRD

Trigger bans

Previously enacted in 12 states, newly in effect in one state

Recent action in six states*

* One state already has a trigger ban but is considering a fuller ban.

Even before this year’s legislative sessions, 12 states already had “trigger laws” on the books. These are complete bans on abortion, at any point in pregnancy, that “trigger” as soon as Roe v. Wade is overturned.

[Twelve states have abortion ‘trigger laws.’ What are they?]

One particularly significant version of this law passed the legislature in Oklahoma, which already has a trigger ban. Legislators there decided to revise that existing trigger law so that, even if Roe is not completely overturned, a full abortion ban will still take effect.

States considering a trigger ban

Party control
State and party controlHouseSenateGovernorLegislation status
Wyoming   RRR
In effect
Oklahoma   RRR
Passed both chambers
Indiana   RRR
Introduced
Iowa   RRR
Nebraska   R*R
Ohio   RRR
South Carolina   RRR

* Nebraska’s legislature has only one chamber. It is technically nonpartisan but effectively controlled by Republicans.

Total bans on abortion pills

Recent action in eight states

Note: No state currently has a total ban on abortion pills. Texas and Indiana have existing partial bans on abortion pills at seven weeks and 10 weeks respectively.

Medication abortion — an abortion method that involves taking two pills, mifepristone and misoprostol — now accounts for more than 50 percent of abortions performed in the United States. The Food and Drug Administration lifted key restrictions on abortion pills in December, allowing abortion providers to send pills through the mail in states that do not already outlaw telemedicine for abortion care, a move that has prompted Republican lawmakers to crack down further on medication abortions.

Republican lawmakers in several states have introduced bills that would ban medication abortions entirely, while many more are pushing measures that would mandate in-person visits for abortion pills. Other GOP legislators have proposed bills that would compel abortion clinics to provide medically inaccurate information on “abortion reversal” when administering abortion pills, informing patients that they can reverse their abortions if they change their minds after taking the first pill, a regimen that has been widely denounced by leading medical associations.

States considering a total ban on abortion pills

Party control
State and party controlHouseSenateGovernorLegislation status
South Dakota   RRR
Passed one chamber
Wyoming   RRR
Alabama   RRR
Introduced
Arizona   RRR
Illinois   DDD
Iowa   RRR
Missouri   RRR
Washington   DDD

Protecting the right to abortion

Previously enacted in 15 states and D.C., newly in effect in two states

Recent action in 15 states and D.C.*

* Eight states already have laws protecting the right to abortion but are considering further protections.

With Roe in jeopardy, many Democratic-led states are moving to pass laws that protect the right to abortion within their borders. While most of these states are trying to codify Roe in state statute, several are moving to enshrine the right to abortion in their state constitutions.

[What questions do you have about abortion legislation in the U.S.? Ask The Post.]

Other states are trying to create abortion “sanctuaries” inside their borders, working to pass laws that will make it easier for people to travel to their clinics from antiabortion states.

States considering protecting the right to abortion

Party control
State and party controlHouseSenateGovernorLegislation status
Colorado   DDD
In effect
New Jersey   DDD
Washington  

Set to take effect in early July

DDD
Signed into law
Vermont   Read more »

Through a constitutional amendment

DDR
Becomes ballot measure
Maryland  

Through law and a constitutional amendment. Set to take effect in July.

DDR
Gov. veto overridden
Connecticut   Read more »

Through law and a constitutional amendment

DDD
Passed both chambers
Maine   DDD
California   DDD
Introduced
District of Columbia  
Florida   RRR
Illinois  

Through a constitutional amendment

DDD
Kentucky   RRD
Michigan  

Through law and a constitutional amendment

RRD
Minnesota   DRD
Missouri   RRR
New Hampshire  

Through law and a constitutional amendment

RRR
Pennsylvania   RRD
Wisconsin   RRD
About this story

Sources: Post reporting; Elizabeth Nash, principal policy associate for state issues at the Guttmacher Institute; Planned Parenthood Federation of America; and National Conference of State Legislatures.