You're not there yet? Not for lack of trying.
s of January 9, 2023, 12 states are enforcing a near-total ban on abortion with very limited exceptions. In five of these states, the ban is being challenged in court but remains in effect. A court has blocked enforcement of a pre-
Roe ban in West Virginia while it is being challenged in court.
1. Alabama—Near-total ban
2. Arkansas—Near-total ban
3. Idaho—Near-total ban
- A legal challenge to this ban, which seeks to expand the exceptions allowed under the ban, is pending in federal court.
4. Kentucky—Near-total ban
- A legal challenge to this ban is pending in state court.
5. Louisiana—Near-total ban
- A legal challenge to this ban is pending in state court.
6. Mississippi—Near-total ban
7. Missouri—Near-total ban
8. Oklahoma—Near-total ban
- A legal challenge to this ban is pending in state court.
9. South Dakota—Near-total ban
10. Tennessee—Near-total ban
11. Texas—Near-total ban
- A legal challenge to this ban, which seeks to expand the exceptions, is pending in federal court.
12. West Virginia—Near-total ban
- A separate pre-Roe ban has been blocked from enforcement while a legal challenge is pending in state court.
States Where Abortion Is Unavailable
In two states, abortion care is unavailable even though a ban is not being enforced. Legal challenges are ongoing in both states.
13. North Dakota—Sole clinic moved to Minnesota
- A legal challenge to the state’s near-total ban is pending in state court, even though no abortion clinics are operating in the state.
14. Wisconsin—Clinics stopped providing abortion because the enforcement status of the state’s pre-
Roe ban is unclear.
- A legal challenge to this ban is pending in state court.
States with Gestational Age Bans in Effect
In four states, laws prohibiting abortion after a specific point in pregnancy, which would have been unconstitutional under
Roe, are in effect. These bans limit people’s ability to obtain abortion care.
15. Arizona—15-week ban
- A legal challenge to this ban is pending in state court.
16. Florida—15-week ban
- A legal challenge to this ban is pending in state court.
- The legislature may take up an earlier gestational age ban in the 2023 session.
17. Georgia—Six-week ban
- A legal challenge to this ban is pending in state court.
18. Utah—18-week ban
- A near-total ban has been blocked from enforcement while a legal challenge is pending in state court.
States with Bans Currently Blocked by Courts
The 11 States Where Abortion is Illegal
- Alabama.
- Arkansas.
- Idaho.
- Kentucky.
- Louisiana.
- Mississippi.
- Missouri.
- Oklahoma.
- South Dakota
- Tennessee
- Texas