Map: Where abortion is banned, restricted, protected across the US

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Wednesday, May 31, 2023 7:32PM
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The latest Supreme Court case that overturned the constitutional right to an abortion follows decades of legal challenges.

Since the U.S. Supreme Court overturned Roe v. Wade last June, states across the nation have had anti-abortion trigger laws go into effect, and other state representatives have passed legislation to ban, restrict or protect the right to abortion and medical provider's ability to provide the procedure.

Here is where abortion is banned, restricted or protected across the country

Here is a look into the laws on the books where abortion is banned or heavily restricted

Alabama

As of June 24, 2022, a U.S. District Court judge granted an emergency motion to dissolve a preliminary injunction on the "Human Life Protection Act" -- which prohibits all abortions -- meaning that it is now enforceable.

Only abortions to prevent a serious health risk to the pregnant person are allowed, and there are no exceptions for rape and incest.

Arkansas

As of June 24, 2022, Arkansas is enforcing its trigger ban, which prohibits all abortions, except to save the life of the pregnant person.

Arkansas Governor Asa Hutchinson wrote in a statement that he would be telling the Arkansas Department of Health "to enforce the law and to conduct the necessary inspections and notifications to assure that any abortion provider is in compliance with the law and understands the penalties that are provided therein." There are no exceptions for rape or incest.

Arizona

A judge in Arizona upheld a century-old ban on abortion on September 23, 2022, nearly three months to the day the U.S. Supreme Court overturned Roe v. Wade.

The highly anticipated ruling forbids abortion after 15 weeks. The only exception is if the mother's life is in danger.

Florida

Republican Gov. Ron DeSantis -- who is seeking the Republican nomination in the 2024 presidential race -- signed into law a bill approved by the Republican-dominated Florida Legislature to ban abortions after six weeks of pregnancy.

The six-week ban will take effect only if the state's current 15-week ban is upheld in an ongoing legal challenge that is before the state Supreme Court, which is controlled by conservatives.

Georgia

The Georgia Supreme Court on November 23, 2022, reinstated the state's ban on abortions after roughly six weeks of pregnancy, abruptly ending access to later abortions that had resumed days earlier.

In a one-page order, the justices put a lower court ruling overturning the ban on hold while they consider an appeal. Doctors who had resumed providing abortions after six weeks had to immediately stop.

Idaho

Idaho has one of the strictest abortion laws in the country and the state went even further when Gov. Brad Little signed a bill into law on April 6, 2023, that makes it illegal for an adult to help a minor get an abortion across state lines without parental consent.

In March, Idaho became the first U.S. state to enact a law modeled after recent legislation passed in Texas that bans abortions after six weeks, before many women know they are pregnant.

The Idaho law allows for exceptions in the case of rape, incest or a medical emergency, but women are required to file a police report and show it to the medical provider before the abortion. The legislation also allows the father, grandparents, siblings, uncles or aunts of the fetus to sue a medical provider who performs the procedure.

Kentucky

As of June 24, 2022, Kentucky's trigger ban went into effect, which prohibits all abortions, except to save the life of the pregnant person or prevent a serious impairment.

There are no exceptions for rape and incest.

Louisiana

As of June 24, 2022, Louisiana's trigger ban went into effect, which prohibits all abortions, except when necessary to prevent death or a serious impairment to the pregnant person.

There are no exceptions for rape and incest.

Mississippi

A so-called trigger law on abortion went into effect July 7, 2022, in Mississippi, the state where the case that overturned Roe v. Wade originated.

Under the law, anyone who performs or attempts to perform an abortion in the state will be charged with a felony -- punishable by up to 10 years in prison.

The only exceptions are to save the mother's life or if the woman is a victim of rape, provided she has reported the crime to law enforcement. There are no exceptions for incest.

Missouri

As of June 24, Missouri's trigger ban is in effect. It prohibits all abortions, except "in cases of medical emergency" for the pregnant person, meaning death or a irreversible impairment to a major bodily function.

There are no exceptions for rape and incest.

Montana

Montana's Republican-controlled Legislature passed several bills related to abortion access, and Republican Gov. Greg Gianforte signed five of them May 3, 2023, including one that will likely lead the state Supreme Court to reconsider its nearly 25-year-old decision that supports the right to a pre-viability abortion by a provider of the patient's choice.

Gianforte signed a ban on dilation and evacuation abortions on May 16, which are normally performed in the second trimester of pregnancy.

Within days, a judge temporarily blocked enforcement of the ban. On May 23, the judge issued a preliminary injunction, which blocks the law while the case moves its way through the courts.

The judge on also granted to preliminary injunctions to one rule and several other laws. The rule and one of the laws require prior authorization before Montana's Medicaid will pay for abortions.

Another law says public funds cannot be used to pay for most abortions. And another requires an ultrasound before performing an abortion, which opponents say effectively blocks telehealth medication abortions in the state.

Those are not the only abortion restrictions in the state before the courts.

Montana in 2021 adopted a broader ban on abortions after 20 weeks of pregnancy, but the state Supreme Court ruled that it will not enforce it pending a court challenge. That left some abortions legal until viability, around the 24th week.

Nebraska

Gov. Jim Pillen signed a bill that bans abortion at 12-weeks or later on May 22, 2023, which took effect immediately.

The 12-week ban includes exceptions for rape, incest and to save the life of the mother.

North Carolina

Both chambers in the state legislature successfully overrode Gov. Roy Cooper's veto of a bill limiting abortion on May 16, 2023, enabling the legislation to become law. Senate Bill 20 bans most abortions after 12 weeks of pregnancy and adds more stringent regulations and processes for all abortions in the state.

North Dakota

North Dakota on April 24, 2023, adopted one of the strictest anti-abortion laws in the country, as Republican Gov. Doug Burgum signed legislation banning the procedure throughout pregnancy, with slim exceptions up to six weeks' gestation.

In those early weeks, abortions would only be allowed in cases of rape or incest, or in medical emergencies.

After six weeks, rape and incest victims cannot get abortions.

Abortions to treat some medical emergencies, such as ectopic pregnancies, are allowed at any stage of pregnancy.

Ohio

Abortion is banned at 22 weeks and later. There are no exceptions for rape or incest.

An Ohio law banning virtually all abortions has been blocked while a state constitutional challenge proceeds.

Oklahoma

As of June 24, 2022, Oklahoma is enforcing its trigger ban, which prohibits all abortions, except to save the life of the pregnant person.

Private right of action laws mean anyone can sue an abortion provider or anyone who helps the pregnant person obtain an abortion.

There are no exceptions for rape or incest.

South Carolina

South Carolina joined the Southern states putting stiff restrictions on the procedure May 25, 2023, when the governor signed a bill banning most abortions around six weeks of pregnancy, which set up legal challenges from providers.

Later that week, a South Carolina judge granted abortion providers' request to block the newly enacted six-week abortion ban while a legal challenge proceeds.

South Dakota

As of June 24, 2022, South Dakota is enforcing its trigger ban, which prohibits all abortions, except to save the life of the pregnant person. There are no exceptions for rape or incest.

Tennessee

As of June 28, 2022, Tennessee has banned all abortions after 6 weeks, except in cases of severe impairment or death of the pregnant person. There are no exceptions for rape and incest.

Tennessee requires an "affirmative defense," meaning a provider has to prove in court that an abortion met the criteria for a legal exception.

Texas

Abortion has been almost completely banned since September 2021, with a 6-week cutoff, but its trigger ban enacts a law that prohibits all abortions, except in case of a life-threatening emergency for the pregnant person.

There are no exceptions for rape and incest.

West Virginia

West Virginia Gov. Jim Justice on September 16, 2022, signed a bill that bans nearly all abortions in the state

There are exceptions to the ban; one is an ectopic pregnancy, which is when a fertilized egg implants and grows outside of the uterus.

Physicians who perform unlawful abortions could lose their license to practice medicine and face criminal charges.

Additionally, the bill states that miscarriages and stillbirths are not considered abortions.

Wisconsin

Abortion is currently banned at 22 weeks and later. Wisconsin had a pre-Roe ban from 1849, and is expected to enforce it again. Though Wisconsin Governor Tony Evers is against the ban and says he won't enforce it.

The ban would prohibit all abortions, except to save the life of the pregnant person.

There are no exceptions for rape or incest.

ABC News and The Associated Press contributed to this report. The Guttmacher Institute database as of May 25, 2023, also contributed to this report.