Restrictions After the Supreme Court overturned Roe v. Wade, the Wisconsin Attorney General, the Department of Safety and Professional Services, and the Medical Examining Board filed a lawsuit seeking a declaratory judgment that the 1849 pre-Roe criminal abortion ban is unenforceable.[1]Kaul et al. v. Kapenga et al., Case No. 2022-CV-001594 (Wis. Cir. Ct. June 28, 2022) (complaint). […]
Restrictions Wyoming planned to begin enforcing its trigger ban in late July 2022.[1]WYO. STAT. ANN. § 35-6-102. However, the trigger ban is currently subject to a preliminary injunction and is not in effect.[2]Johnson v. State, No. 18732 (Wy. Dist. Ct. of Teton Cnty. Aug. 10, 2022). On March 21, 2023, Wyoming enacted a total ban […]
Restrictions Virginia law generally prohibits abortion after viability, unless performed by a licensed physician in a licensed hospital with three physicians certifying that the continuation of the pregnancy will result in death of the pregnant person or impair their mental or physical health.[1]VA. CODE ANN. §§ 18.2-71, 18.2-74 It also prohibits the D&X method of […]
Restrictions On September 13, 2022, West Virginia began enforcing its total ban on abortion, which prohibits abortion at all stages of pregnancy, except in the case of a “nonmedically viable fetus”, ectopic pregnancy, or medical emergency.[1]W. Va. Code §16-2R-3. Survivors and victims of rape and incest can obtain abortions up to eight weeks of gestation, […]
Restrictions Washington law generally prohibits abortion at viability.[1]WASH. REV. CODE § 9.02.110. Washington law includes reporting requirements.[2]WASH. ADMIN. CODE § 246-490-100. Individuals who violate Washington’s post-viability ban may face criminal penalties; however the state cannot take adverse actions against individuals based on pregnancy outcomes or against anyone who assists “a pregnant individual in exercising their […]
Restrictions Texas’s trigger ban, which criminalizes abortion, took effect on August 25, 2022,[1]Tex. Health & Safety Code §§ 170A.001-7 (stating that the ban will take effect thirty days after “the issuance of a United States Supreme Court judgment in a decision overruling, wholly or … Continue reading following the U.S. Supreme Court’s decision to overturn Roe v. Wade […]
Restrictions Vermont requires abortion providers to submit reports to the state.[1]VT. STAT. ANN. tit. 18, § 5222. State Protections Vermont enacted an independent statutory protection for abortion as a fundamental right throughout pregnancy in June 2019.[2]Id. § 9493 et seq. The State of Vermont recognizes the fundamental right of every individual who becomes pregnant to […]
Restrictions On June 24, 2022, South Dakota began enforcing its trigger ban, which prohibits all abortions except to preserve the life of the pregnant person,[1]S.D. Codified Laws § 22-17-5.1. following the U.S. Supreme Court’s decision to overturn Roe v Wade in the case Dobbs v. Jackson Women’s Health Organization.[2]Dobbs v. Jackson Women’s Health Org., 597 […]
Restrictions Rhode Island law generally prohibits post-viability abortions.[1]23 R.I. Gen. Laws § 23-4.13-2(d). The state requires that a parent, legal guardian,[2]23 R.I. GEN. LAWS § 23-4.7-6. or judge[3]Id. consent to a minor’s abortion. Rhode Island’s targeted regulation of abortion providers (TRAP) laws include requirements related to facilities[4]216 R.I. CODE R. 20-10-6.3. and reporting.[5]23 R.I. GEN. […]
Restrictions South Carolina is enforcing a 6-week abortion ban[1]S. 474, 125th Gen. Assemb., Spec. Sess. (S.C. 2023). after the South Carolina Supreme Court declared the ban to be constitutional.[2]Planned Parenthood S. Atl. v. South Carolina, No. 2023-000896 (S.C. Aug. 23, 2023) (order vacating the preliminary injunction and declaring the act constitutional). In 2022, the state […]
