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State Laws Restricting or Prohibiting Abortion

CRS Report – State Laws Restricting or Prohibiting Abortion Updated October 24, 2023 “The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overruled Roe v. Wade, providing states with greater discretion to restrict abortion access, including by limiting abortion prior to fetal viability.1 This report provides an overview of existing or recently passed state laws prohibiting or limiting abortion prior to 24 weeks’ gestational age, which for many years was considered the point of viability, though medical advancements may have moved that point earlier. The report identifies “trigger laws” that generally prohibit abortion that went into effect, either automatically or following action by a state official, when the Supreme Court overturned Roe v. Wade. It also includes new laws passed since June 24, 2022, when the Supreme Court overturned Roe v. Wade. This report does not address any exceptions to these restrictions, such as in the case of a medical emergency, rape or incest, or restrictions to specific methods of abortion, such as medication abortion. Links to the full text of statutes listed in this report are available through the Law Librarians’ Society of Washington, DC, Legislative Sourcebook. [Law Librarians’ Society of Washington, DC, State Legislatures, State Laws, and State Regulations: Website Links and Telephone Numbers, (last visited April 24, 2023).] Some states appear multiple times in the tables. In some instances, laws may have been enjoined or been ruled unconstitutional, but have not been repealed and removed from state codes. For example, some historical laws that were ruled unconstitutional under Roe were never repealed. In some cases, multiple, overlapping laws may have been intentionally or unintentionally passed by state legislatures. Additionally, some recently repealed statutes have been included for informational purposes. As mentioned above, some of the laws below may not currently be in effect due to court injunctions. Some prosecutors have also indicated they intend to use their discretion whether to enforce the laws at the local level.”

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