What Happens in Your State If Roe V. Wade Is Overturned
In 1973, the Supreme Court ruled in Roe v. Wade that Texas law restricting access to abortion was unconstitutional. If that decision is reversed by a future Supreme Court trial (which anti-abortion advocates are working on), states will again be able to enforce such laws. While legal scholars have debated for years whether Rowe could be called “statutory” (a term that could be misused ), Donald Trump’s appointment of Amy Coney Barrett to the Supreme Court seat remained vacant following the death of Justice Ruth Bader. Ginsberg has sparked both fears and an impatient expectation among some that a conservative 6: 3 majoritarian tribunal will find it appropriate to overturn a decision made almost 50 years ago. But if the trial really goes back, what will happen?
Some states already have pre- Rowe abortion laws, while others have laws that will take effect if Rowe is canceled, according to the Guttmacher Institute and the Washington Post . But other states have passed laws specifically to make abortion legal in this case. Thus, the legality of abortion will depend on which state you live in, as shown in the Guttmacher chart . Here are some highlights:
- States with “start-up laws” that automatically prohibit some or all of abortion: Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, South Dakota, Tennessee, and Utah.
- States that still have pre- Row abortion bans: Alabama, Arizona, Arkansas, Michigan, Mississippi, New Mexico, Oklahoma, Wisconsin, and West Virginia.
- States with laws describing the intent to pass (more) anti-abortion laws: Arkansas, Kansas, Kentucky, Louisiana, Missouri, North Dakota, and Ohio.
- States that have laws expressly protecting abortion: California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Nevada, New York, Oregon, Rhode Island, Washington, and Vermont. (It is not a state, but Washington, DC has also passed laws protecting the right to abortion throughout pregnancy.)
As you watch the Supreme Court drama unfold (and as Barrett’s confirmation hearing is underway), consider making a few calls to your state legislators as well. This article was originally published in July 2018 by Beth Skorecki and updated in October 2020 by Joel Cunningham to reflect changes in state law in subsequent years and to provide additional context related to the death of Ruth Bader Ginsberg and Amy Cooney Barrett’s nomination. … on the court.