Rachel Ramirez
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Abortion has always been one of the major fault lines of American politics. After Roe v. Wade fell in 2022 and wiped out nearly five decades of federal protection, abortion access has turned into a state-by-state legal battle over who makes decisions about women’s bodies and the definition of life.
As Trump’s White House and the Republican-led Congress seek to wipe out abortion care access across the country, reproductive rights advocates are pushing back.
Here’s everything you need to know about the state of abortion in the US today.
What state has the strictest abortion laws?
Though abortion remains legal in 31 states and Washington, D.C, it is currently illegal in 12 states including Texas, Arkansas, Louisiana, Oklahoma, Mississippi, Alabama, Tennessee, Kentucky, West Virginia, Indiana, South Dakota, and Idaho.
Louisiana has one of the strictest abortion laws in the country. In 2024, the state became the first to pass a law labeling abortion pills as “dangerous controlled substances”. Louisiana is also one of eight states with a total abortion ban that lacks exceptions for rape or incest, alongside Alabama, Arkansas, Kentucky, Oklahoma, South Dakota, Tennessee, and Texas.
Florida, Georgia, South Carolina, and Iowa have also banned abortion after about six weeks of pregnancy, before most women even know they are pregnant. Nebraska and North Carolina both have bans after 12 weeks of pregnancy, while Utah moved to ban abortion after 18 weeks of pregnancy.
What is a ‘shield law’ in the context of abortion access?
With abortion access limited by state bans, people who can afford to are forced into interstate travel, and “shield laws” are critical to protecting them from legal jeopardy.
A shield law is a legal innovation which can be used to protect healthcare providers and out-of-state patients from lawsuits or criminal charges filed by states with abortion bans. Introduced by Democratic-led states such as Washington and Minnesota, the laws vary but can include protections for refusing to hand over a doctor who has provided abortion care to a patient from another state, refusing to help with an out-of-state investigation into the provider, and refusing to punish a provider by taking away their professional license.These shield laws are currently being challenged by Republican-controlled states, and could be impacted by a ruling from the US Supreme Court.
Has Project 2025 influenced abortion access?
Project 2025 is a policy wishlist for Trump’s second term, published by the influential conservative think tank, the Heritage Foundation, in 2022. The American Civil Liberties Union called it “a roadmap for how to replace the rule of law with ring-wing ideals”. The 922-page document set out goals to slash access to the abortion pill, stating explicitly that “abortion… [is] not health care”.
Although during his campaign Trump distanced himself from Project 2025, now in the White House, his administration has increasingly viewed it as a model for federal health programs. He signed an executive order that immediately stopped funding government programs that officials felt could be interpreted as “promoting” abortion, like family planning counseling. The Center for Reproductive Rights, a global human rights organization focused on reproductive rights, says Project 2025 would destroy abortion access and make it difficult or impossible for women to access birth control, emergency contraceptives and other reproductive services.
What is the brief history of abortion rights in the US?
The story of abortion rights in the US has been a roller coaster of legal extremes, going from criminalization to judicial protection to a reversal toward bans. Here are some highlights throughout US history dating back to the late-1800s.
1910
Abortion becomes illegal nationwide: Abortion was outright illegal at every stage in pregnancy across the country. The same exceptions to save the patient’s life remain, but the decision depended on doctors, 95% of whom were men.
Late 1960s-early 1970s
A new wave of abortion reform: A nationwide effort to reform abortion laws in every state gained momentum: Alaska, Hawaii, New York and Washington repealed their abortion bans entirely.
1973
Roe v. Wade: In a landmark decision, the US Supreme Court ruled that the due process clause of the 14th Amendment to the constitution, which ensures equal protection under the law, protects the right to abortion, making abortion services more accessible and safer in all 50 states.
1992
Abortion rights upheld, but weakened: Planned Parenthood v. Casey reaffirmed the constitutional right to abortion, but the ruling created the “undue burden” framework, which allows states to regulate abortion before viability as long as they do not place a “substantial obstacle” in the path of a woman seeking abortion.
2007
Federal ban on second-trimester abortions: The Supreme Court upheld the first federal legislation to criminalize abortion, which allows Congress to ban certain second-trimester abortion procedures — which are often the safest and best way to protect a patient’s health.
2022
Roe v. Wade is overturned: In yet another landmark decision, the Supreme Court overturned Roe v. Wade and Planned Parenthood v. Casey, ruling that the constitution does not bestow a right to abortion.
2025
New bans take effect: In a major shift, abortion access became severely restricted or banned in many states again, leading to a patchwork of laws across the country.
Which states could be next to lose abortion access and why?
Abortion access is the most vulnerable in states with majority conservative legislatures, like Georgia, Florida, Iowa, Nebraska and North Carolina. Some states with a gestational limit of only six weeks, in particular, face the greatest risk of losing the already limited abortion access they currently have.
In Florida, a ballot initiative to protect abortion rights fell short of passing by a few votes in 2024 and lawmakers could potentially move for an even stricter ban. In Georgia, there is a provision in state law that bans abortion after cardiac activity can be detected, roughly around six weeks into pregnancy.
Meanwhile, access in some states, including Arizona, Utah and Wyoming, is also fragile: total or near-total abortion bans are on the books and could take effect overnight if a court lifts the current injunction.
Why do US abortion laws matter beyond America?
Reproductive rights experts say US abortion policy is not just a domestic issue, but rather a matter of global public health and human rights. The watershed shift in US law in 2022 set a symbolic example that has emboldened anti-abortion activists and policymakers around the world, according to the International Center for Research on Women. Experts say this could spark anti-abortion lobbying and movements that would stall global progress toward abortion access.
The Trump administration has also reinstated the Global Gag Rule, which prohibits the government from funding foreign nongovernmental organizations if they provide, refer, or advocate for abortion services. In countries that rely on US aid, experts say this policy disrupts access to contraception, driving up rates of unintended pregnancies and increasing cases of unsafe abortions.
Still, the US has become a “global outlier,” according to the Center for Reproductive Rights. The predominant global trend shows an expansion of access to safe abortion, in which countries see it as essential to women’s rights to life and health.
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