In November 2022, the first midterm elections after Roe v. Wade was overturned took place. It was a contentious election, with a joint ABC News and Washington Post poll citing 62 percent of Americans viewing abortion as a key issue on the ballot. Because Roe v. Wade was overturned, it is now up to states to decide what their abortion legislation is going to be — they are no longer federally required to provide access to the procedure. States that passed laws or propositions in November are outlined in blue.

Legal

Alaska — Abortion is legal in Alaska. In 1997, Alaska’s highest court enshrined reproductive rights in their state Constitution.

California — Abortion is legal in California. During this midterm election, Proposition 1 got passed, which protects the right to have an abortion and use contraceptives under the California State Constitution.

Colorado — Abortion is legal in Colorado. Prior to the 2022 midterms, Colorado established a statutory protection for abortion, ensuring it’s a fundamental right. Statutory protection is the legal protection from mismanagement. Statutory rights are meant to further protect citizens.

Connecticut — Abortion is legal in Connecticut. The state has passed laws to expand existing access.

Delaware — Abortion will continue to be legal in Delaware until roughly 24 weeks into a pregnancy. There are currently no bans in effect.

Hawaii — Abortion is legal in Hawaii. The state has passed laws to expand existing access.

Illinois — Abortion is legal in Illinois. In 2019, the state protected the right to abortion under its constitution.

Iowa — In Iowa, abortion is legal until 21 weeks and six days of pregnancy, just before viability, the stage in which a fetus can live outside the womb.

Kansas — Abortion is legal in Kansas. As of 2019, a pregnant person’s personal autonomy is protected under the Kansas State Constitution.

Maine — Abortion is legal until viability and is protected under Maine state law.

Maryland — Abortion is legal in Maryland. There are currently no bans in effect. Since 1991, access to abortion has been protected, and Planned Parenthood of Maryland has worked to ensure this continues to exist.

Massachusetts — Abortion is legal until 23 weeks and six days of a pregnancy in Massachusetts.

Michigan — Abortion is legal in Michigan. This midterm election, voters passed Prop three, “[which] would amend the state constitution to provide…every individual [the] right to reproductive freedom.”

Minnesota — Abortion is legal in Minnesota. From the office of Governor Tim Walz and Lieutenant Governor Peggy Flanagan, abortion rights remain legal under their state constitution. Minnesota is utilizing Executive Order 22-16 to help protect people who want or are providing abortions.

Montana — Abortion is legal in Montana, there are currently no restrictions.

Nebraska — In Nebraska, abortion is legal until 21 weeks and six days of pregnancy.

Nevada — Abortion is legal in Nevada. The most current legislation is from 1990 when voters safeguarded the legalization of reproductive rights.

New Hampshire — Reproductive rights, meaning access to contraceptives and abortions, are currently not protected in New Hampshire as of 2021, but abortion is legal.

New Jersey — Abortion is legal in New Jersey. Prior to the midterm elections, Governor Phil Murphy signed the Freedom of Reproductive Choice Act in January 2022, which protects reproductive rights in state law.

New Mexico — Reproductive rights are currently not protected in New Mexico. State courts have not determined whether or not to further restrict abortion. However, there are currently no restrictions on abortion procedures.

New York — Abortion is legal in New York. In 2019 the state passed new comprehensive legislation that expanded access to abortion. Prior to the 2022 midterm elections, Governor Kathy Hochul invested $35 million into helping reproductive health care providers. The money is meant to protect and strengthen abortion access already fortified in 2019.

North Carolina — In North Carolina, abortion is legal until 20 weeks and six days of pregnancy.

Oregon — Abortion is legal in Oregon. The state has passed laws to expand access.

Pennsylvania — In Pennsylvania, abortions are legal until 23 weeks and six days of pregnancy.

Rhode Island — Abortion will continue to be legal until viability in Rhode Island. However, providers are allowed to stop offering abortions earlier in the pregnancy.

Vermont — Abortion is legal in Vermont. During the midterms, Vermont voters approved Proposal five, which would amend the Constitution of the State of Vermont to “ensure that every Vermonter is afforded personal reproductive liberty.”

Virginia — Reproductive rights are currently not protected in Virginia, but abortion is legal.

Washington — Abortion is legal in Washington. The state has passed laws to expand access to an abortion, making it easier to get an abortion.

Laws being changed

Indiana — In Indiana, abortion is legal until 21 weeks and six days of pregnancy. In September 2022, a law that would completely ban abortion went into effect. However, this law is being challenged in the Indiana Supreme Court.

North Dakota — In North Dakota, abortion is legal until 21 weeks and six days of pregnancy. A law that would completely ban abortion was set to go into effect, however, it is currently being challenged in state court and thus cannot be enforced.

Ohio — In Ohio, abortion is legal until 21 weeks and six days of pregnancy. In June of 2022, a law that would ban abortion after six weeks of pregnancy went into effect. However, this law is being challenged in court, and is not currently in effect.

South Carolina — In South Carolina, abortion is legal until 21 weeks and six days of pregnancy. A law introduced in June of 2022 would ban abortions after six weeks, however, it is currently being challenged in court and thus cannot go into effect.

Wisconsin — In Wisconsin, abortion providers have temporarily stopped offering services. Currently, abortion is illegal.

Wyoming — The Wyoming Supreme Court blocked the trigger ban that was set to go into effect after the overturning of Roe v. Wade. However, as of December 2022, abortion is illegal in Wyoming, except in cases of rape or inceset.

Contested Access

Arizona — In Arizona, it is illegal to get an abortion after 15 weeks of pregnancy. A complete ban was introduced in September of 2022, however, it is currently being challenged in court and thus cannot go into effect.

Florida — Abortion will continue to be legal in Florida up until 15 weeks. The ban was repealed and has since been reinstated making it illegal to receive or administer an abortion after 15 weeks.

Georgia — In Georgia, abortion is illegal after 6 weeks of pregnancy.

Utah — In Utah, it is illegal to get an abortion after 18 weeks of pregnancy. A complete ban on abortion was introduced in June of 2022, however, it is currently being challenged in courts and thus cannot go into effect.

Illegal

As of May 25, 2022, abortion is illegal in Oklahoma.

As of June 24, 2022, abortion is illegal in Alabama, Arkansas, Louisiana, Missouri, and South Dakota.

As of July 1, 2022, abortion is illegal in Texas.

As of July 7, 2022, abortion is illegal in Mississippi

As of July 15, 2022, abortion is illegal in Kentucky.

As of August 25, 2022, abortion is illegal in Idaho and Tennessee.

As of September 16, 2022, abortion is illegal in West Virginia.