Based on Perplexity research, we have found extensive information about state actions following the Dobbs decision that overturned Roe v. Wade.
The post was inspired by listening to the YouTube interview today, with Justice Barrett. She flippantly said, “a lot of legislative activity and state constitutional activity….”
Here’s a comprehensive breakdown, of the damage the Court made, organized by state:
State Actions After Dobbs: Medical Care and Abortion Laws
States That Banned or Severely Restricted Abortion
Alabama
In 2018, Alabama approved a constitutional amendment declaring no right to abortion under the state constitution. The Alabama Human Life Protection Act criminalizes abortion with limited exceptions.digitalcommons.law.scu
Florida
Florida has enacted a ban after six weeks of pregnancy with exceptions for rape, incest, and life of the pregnant person. The state has also implemented “demand-reducing” initiatives including mandatory waiting periods and parental consent requirements.usatoday+1
Idaho
Idaho has implemented a near-total abortion ban with exceptions only to save the pregnant person’s life. The federal government has sued Idaho over its abortion ban, arguing it violates EMTALA (Emergency Medical Treatment and Active Labor Act), which requires hospitals to provide stabilizing treatment including abortion in emergency situations.kff+2
Indiana
Abortion is illegal in Indiana with exceptions only when necessary to protect the life of the parent. Indiana was one of the first states to pass legislation after Dobbs, enacting a near-total abortion ban.jacksonlewis+1
Kansas
Despite the Kansas Supreme Court’s 2019 decision recognizing abortion rights under the state constitution, voters in August 2022 rejected a proposed constitutional amendment that would have allowed the legislature to restrict abortion.digitalcommons.law.scu
Kentucky
Kentucky proposed a state constitutional restriction on abortion, though voters rejected the amendment.digitalcommons.law.scu
Missouri
Missouri has implemented a total abortion ban with limited exceptions.kff
Nebraska
Nebraska banned abortion after 12 weeks with exceptions for rape, incest, or to save the pregnant person’s life.usatoday
North Carolina
North Carolina has enacted restrictions limiting abortion access.digitalcommons.law.scu
North Dakota
Abortion is illegal in North Dakota with limited exceptions for life, health, rape and incest (only through six weeks).usatoday
Ohio
Initially enforced a six-week ban after Dobbs, but it was later placed under injunction. In November 2023, voters approved a constitutional amendment protecting reproductive decision-making.usatoday
Oklahoma
Oklahoma has implemented abortion restrictions and faced constitutional challenges.kff+1
South Carolina
South Carolina enacted abortion restrictions with the state Supreme Court ruling that the state constitution does not protect abortion rights.kff+1
Texas
Texas had a “trigger law” that took effect on August 25, 2022, after the Dobbs decision, prohibiting abortion with some exceptions.digitalcommons.law.scu
Utah
Utah has banned abortion after 18 weeks with exceptions for life of the pregnant person, fatal fetal anomalies, and rape/incest.usatoday
West Virginia
West Virginia was one of the first states to pass legislation after Dobbs, enacting a near-total abortion ban.jacksonlewis
States That Protected or Expanded Abortion Access
California
California has extensively strengthened abortion protections:digitalcommons.law.scu+1
- Added Section 1.1 to the state constitution protecting reproductive freedom (approved by voters in November 2022)
- Enacted “shield laws” prohibiting cooperation with other states’ anti-abortion enforcement
- Protected medical records from out-of-state requests
- Prohibited employment discrimination based on reproductive health decisions
- Authorized training for nurse practitioners to perform abortions
- Launched a state website providing abortion information and resources
Colorado
Abortion is legal in all cases with no deadline. Colorado enacted interstate shield laws in 2023 to protect providers and patients from criminal consequences across state lines.usatoday
Connecticut
Abortion is legal until viability with health exceptions. Post-Dobbs, Connecticut passed laws protecting providers from other states’ actions, allowing pharmacists to prescribe birth control, and protecting patient health data.usatoday
Delaware
Abortion is legal until viability. Delaware enacted protections for abortion providers through shield laws in June 2022.usatoday
Illinois
Abortion is legal until viability. Illinois enacted interstate shield laws in January 2023 and passed laws prohibiting deceptive practices by anti-abortion centers in July 2023.usatoday
Maryland
Maryland has proposed a constitutional amendment to protect abortion rights, which will be on the November 2024 ballot.digitalcommons.law.scu
Michigan
Michigan voters approved Proposition 3 in November 2022, adding Section 28 to the state constitution recognizing “a fundamental right to reproductive freedom”. This amendment requires strict scrutiny review for any government interference with reproductive rights.digitalcommons.law.scu
Montana
Montana’s constitution has been interpreted by state courts to protect abortion rights based on privacy and personal autonomy.digitalcommons.law.scu
Nevada
Abortion is legal until 24 weeks. In June 2022, the governor signed an executive order protecting providers from out-of-state investigations, later codified into law.usatoday
Pennsylvania
Abortion is legal until 24 weeks. The governor issued an executive order in July 2022 protecting those who come to the state for abortion services.usatoday
Rhode Island
Abortion is legal until viability. In 2023, Rhode Island expanded Medicaid and state employee insurance to cover abortion.usatoday
Vermont
Vermont voters approved adding Article 22 to the state constitution in November 2022, declaring that “an individual’s right to personal reproductive autonomy is central to liberty and dignity”.digitalcommons.law.scu+1
Impact on Medical Care for Pregnant Women
The research reveals significant impacts on medical care beyond abortion services:pmc.ncbi.nlm.nih+1
Emergency Medical Treatment: The conflict between state abortion bans and federal EMTALA requirements has created uncertainty for emergency physicians treating pregnancy complications. Even routine medical care for pregnant patients has become complicated by state restrictions.pmc.ncbi.nlm.nih
Cancer Treatment: Anti-abortion laws have challenged doctors’ ability to provide timely cancer treatment, as chemotherapy and radiation can harm a fetus. This forces delays in treatment that can put patients’ lives at risk.hrw
Maternal Health Provider Shortages: Research shows maternity care providers and trainees are leaving states with abortion restrictions, potentially worsening access to maternity care.commonwealthfund
Exceptions Prove Unworkable: While 20 states with abortion bans have exceptions for life-threatening situations, six states lack health exceptions, 10 have no rape/incest exceptions, and 13 have no fatal fetal anomaly exceptions. In practice, these exceptions have often proven unworkable except in extreme circumstances.kff
This comprehensive overview demonstrates how the Dobbs decision triggered a complex patchwork of state responses, with roughly half the states implementing bans or severe restrictions while others moved to strengthen protections, fundamentally altering the landscape of reproductive healthcare across the United States.
- https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=2961&context=lawreview
- https://www.usatoday.com/story/news/politics/2024/06/23/state-by-state-abortion-laws-dobbs-anniversary/73769814007/
- https://www.kff.org/womens-health-policy/10-things-to-know-about-abortion-access-since-the-dobbs-decision/
- https://www.jacksonlewis.com/insights/aftermath-us-supreme-courts-dobbs-where-are-states-fall-2022
- https://www.kff.org/womens-health-policy/legal-challenges-to-state-abortion-bans-since-the-dobbs-decision/
- https://pmc.ncbi.nlm.nih.gov/articles/PMC10777191/
- https://www.hrw.org/news/2023/04/18/human-rights-crisis-abortion-united-states-after-dobbs
- https://www.commonwealthfund.org/blog/2024/maternity-care-providers-and-trainees-are-leaving-states-abortion-restrictions-further
- https://reproductiverights.org/maps/abortion-laws-by-state/
- https://www.guttmacher.org/2023/06/state-abortion-policy-landscape-one-year-post-roe
- https://lawatlas.org/datasets/post-dobbs-state-abortion-restrictions-and-protections
- https://www.lwv.org/blog/abortion-rights-and-access-one-year-after-dobbs
- https://www.politifact.com/article/2023/jun/21/the-abortion-laws-passed-by-states-since-the-dobbs/
- https://statecourtreport.org/our-work/analysis-opinion/three-years-after-dobbs-state-courts-are-defining-future-abortion
- https://www.kff.org/womens-health-policy/a-review-of-exceptions-in-state-abortions-bans-implications-for-the-provision-of-abortion-services/
- https://www.ncsl.org/health/state-abortion-laws-protections-and-restrictions
- https://www.brennancenter.org/our-work/research-reports/60-days-after-dobbs-state-legal-developments-abortion
- https://thegepi.org/maternal-mortality-abortion-bans/
- https://statecourtreport.org/our-work/analysis-opinion/voters-seven-states-pass-measures-protect-abortion
- https://statecourtreport.org/our-work/analysis-opinion/states-abortion-bans-when-does-medical-emergency-trigger-exception
- https://www.asrm.org/advocacy-and-policy/reproductive-rights/summary-reports/changes-ahead-abortion-policy-proposals-affecting-reproductive-medicine/
- https://www.reproductiveaccess.org/resource/insights-the-impacts-of-abortion-bans-on-maternal-health/
- https://www.britannica.com/science/US-abortion-rights-by-state-2236312
- https://www.kff.org/womens-health-policy/abortion-in-the-u-s-dashboard/
- https://www.guttmacher.org/state-legislation-tracker
- https://www.kff.org/womens-health-policy/the-intersection-of-state-and-federal-policies-on-access-to-medication-abortion-via-telehealth-after-dobbs/
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