Here's Where Abortion Will Likely Be Illegal If SCOTUS Overturns Roe

A leaked draft from the Supreme Court indicates the justices are poised to do just that.
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A leaked draft from the Supreme Court on Monday night revealed that the justices are poised to strike down Roe v. Wade, ending abortion protections that have been in place in the United States for nearly half a century.

The draft decision ― an astonishing leak from one of the most nation’s most closely guarded governmental bodies ― is not final, and abortion remains legal in all 50 states for now, as advocates for abortion rights emphasized after Politico published the draft. But the news offers a sobering reminder of just how tenuous abortion access is in much of the country.

The Guttmacher Institute, a research organization focused on advancing reproductive health policy, has identified 26 states that are likely or almost certain to ban abortion in the case of a Supreme Court decision overturning Roe, which established in 1973 that states could not place excessive burdens on patients seeking the procedure.

“If this opinion truly is reflective of the final decision of the majority of the U.S. Supreme Court Justices ... we are just days away from more than 26 states banning access to abortion services, essential and safe health care that has been a constitutional right for nearly 50 years,” Jodi Hicks, president and CEO of Planned Parenthood Affiliates of California, said in a statement.

Twenty-two states already have laws or constitutional amendments in place that would allow them to ban abortion as soon as the Supreme Court makes it possible. The latest state to join those ranks is Wyoming, which passed such a law in March.

Those 22 states include:

  • Alabama

  • Arizona

  • Arkansas

  • Georgia

  • Idaho

  • Iowa

  • Kentucky

  • Louisiana

  • Michigan

  • Mississippi

  • Missouri

  • North Dakota

  • Ohio

  • Oklahoma

  • South Carolina

  • South Dakota

  • Tennessee

  • Texas

  • Utah

  • West Virginia

  • Wisconsin

  • Wyoming

Guttmacher has identified four other states as likely to ban abortion in the event that Roe falls, citing their current political climates and recent actions by state lawmakers.

Those states include:

  • Florida

  • Indiana

  • Montana

  • Nebraska

Though abortion may be soon be banned in those states, research has repeatedly shown that outlawing the procedure does not necessarily lower the rate of abortion in places where it’s illegal. Rather, it simply increases the health risks associated with it.

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