State of Abortion in the United States
In some states, abortion is a YES
Although the United States has a president, not all laws are the same across every state. This is especially true when it comes to abortion legislation, which remains a hotly debated issue. Although Kamala Harris made it a central theme of her campaign, it wasn’t enough to mobilize American women. However, some states have legalized abortion. In the map above, states marked with a green flag allow legal access to abortion. In these states, the legal limit for abortion ranges from 22 to 26 weeks, depending on the state.
Following the announcement of the overturning of Roe v. Wade by the Supreme Court, several states reacted to protect their abortion laws. This was particularly the case in Washington and Oregon, which have strengthened access to abortion and the laws that support it. California passed a law in 2022 ensuring the right to contraception and abortion. Delaware, on its part, expanded the list of healthcare professionals authorized to perform abortions.
Some states have even enshrined the right to abortion in their state constitutions. This includes Alaska (1997), Minnesota (1995), Colorado, and Kansas (2022). New York has set a goal to enshrine abortion rights in its state constitution and to make access easier. Vermont has added a “reproductive autonomy” law to its constitution. While access to abortion is highly variable across states, it is likely to remain this way under Donald Trump’s presidency, who has declared, “We don’t need to go further at the federal level.”
Conservative republican States: a complete ban
Unsurprisingly, Texas, Kentucky, North and South Dakota, and many other states are marked in red on the map. In Texas, abortion is forbidden even in cases of rape or incest, even if these are recognized by the justice system. In 2021, Texas passed Senate Bill 8, which bans abortions after 6 weeks. In December 2023, the Texas Supreme Court ruled that a pregnant woman cannot be allowed to terminate a pregnancy, even if the fetus has a disease or malformation, or if the mother’s life is at risk. In June 2024, the Supreme Court upheld the state’s abortion ban. Currently, women in Texas can only access an abortion if their life is in danger due to the pregnancy.
In North Dakota, abortion is allowed only within the first 6 weeks of pregnancy in cases of rape or incest or if the life of the pregnant person is at risk. In other states marked in red on the map above, abortion is completely banned, even in cases of rape or incest. Women in these states can only obtain an abortion if their life is at risk. In Alabama, doctors who perform abortions face prison sentences ranging from 10 to 99 years.
Indiana was the first state to adopt a ban after the overturning of Roe v. Wade. It is important to note that in states where abortion is banned, maternal mortality rates are higher in cases of dangerous pregnancies or fetal malformations.
Restricted abortion access in some States
In 11 states across the country, access to abortion is subject to numerous conditions that make it highly restrictive. In Iowa, Ohio, Georgia, South Carolina, and Florida, abortion is allowed only until the end of the 6th week of pregnancy. Note that most women are not yet aware of their pregnancy at this stage. Utah allows access to abortion up to 18 weeks, while Nebraska limits it to 12 weeks, down from the previous 20-week limit before June 2022.
In Wyoming, abortion is temporarily legalized. A judge succeeded in temporarily lifting the ban, but this right is still under serious threat in the state. The same goes for Montana, where a judge struck down restrictions in February 2024. The Montana Supreme Court has announced plans to appeal the decision.
In Arizona, abortion is permitted only if the mother’s health is at risk. Rape and incest are not considered valid reasons for an abortion under the state’s law. However, it is possible that these rules will be disregarded, as the state’s Attorney General announced that she “would not prosecute” women who undergo abortions.