Tracking U.S. Abortion Laws: 31 States Protect Access as Courts and Legislatures Continue to Battle

The landscape of abortion access is evolving in the wake of the U.S. Supreme Court’s 2022 ruling in Dobbs v. Jackson Women’s Health Organization, which reversed the precedent set by Roe v. Wade. 

On Wednesday, the Wisconsin Supreme Court made a significant ruling by overturning an 1849 abortion ban, effectively resolving years of legal ambiguity regarding its application. The decision is consistent with a ruling made earlier in 2023 by a lower court judge, who determined that the law did not apply to abortion. This decision reinstates the legality of abortion in Wisconsin, representing a significant triumph for advocates of reproductive rights in a critical battleground state.

In other developments, there has been a growing trend toward enhancing abortion protections. Voters in Montana approved a constitutional amendment that protects abortion rights last year, and it officially took effect on July 1. The amendment reflects a growing movement among states to enshrine abortion access within their legal frameworks or constitutions. 

Recent information, as per the New York Times, reveals that abortion is currently legal in 31 states and Washington, D.C. However, numerous states impose restrictions that limit the procedure to the point of fetal viability, which is generally around 24 weeks of pregnancy.

Currently, 19 states have enacted outright bans on abortion or have imposed restrictions that take effect earlier than the standards established by Roe. In Wyoming, the legality of abortion continues for now as the judiciary considers various challenges to several state prohibitions. Legal battles are currently taking place in multiple states, as groups advocating for abortion rights strive to prevent the implementation of restrictive laws.

To enhance accessibility, numerous states that continue to allow abortion have implemented "shield laws" aimed at safeguarding both providers and patients. These regulations seek to prevent legal actions from other states aimed at individuals participating in abortion care. 

Eight states have passed laws to protect providers who mail abortion pills to patients in states that forbid such procedures.

In certain conservative states, resistance to abortion continues to be robust. In Arkansas, the proposed “monument for unborn children” at the State Capitol has yet to be constructed amid continuing public disagreement. In New Jersey, pregnancy centers with religious affiliations are challenging a subpoena regarding claims of misinformation as the case progresses to the U.S. Supreme Court.

As the chasm between red and blue states widens, the situation surrounding abortion access remains precarious, with ongoing legal and legislative struggles influencing reproductive rights nationwide.

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