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More than 24.1 million women of reproductive age live in the 14 states that effectively outlawed abortion as of August 1, and more than 12.2 million women live in the 12 additional states that currently ban abortion prior to fetal viability or that have pending litigation concerning their abortion bans. Across all 26 of these states, over 36.3 million (48.8 percent) women of reproductive age are impacted, including about 6.5 million Latinas, 5.9 million Black women, 1.3 million Asian women, 283,000 Native Americans, 39,000 Pacific Islanders, and 1.7 million multiracial women. Black and Native American women are disproportionately affected by the Dobbs decision and the ensuing state restrictions on abortion, with 56 percent of Black women and 55 percent of Native American women currently residing in states that have pre-viability bans.
Currently, 26 states have banned or restricted abortion or are on the cusp of doing so. Twenty-two states have banned abortion before 23 weeks, including 14 states that effectively ban all abortion (with some exceptions for the life of the mother, rape, and incest depending on the state).
States that have Banned Abortion at Conception include:
Alabama, Arkansas, Louisiana, Michigan, Mississippi, Missouri, Oklahoma, South Dakota, Texas, and Wisconsin. (Idaho’s law banning abortions is expected to take effect on August 25th, which will bring the total number of states with total bans to 15.)
States Prohibiting Abortion at Six Weeks include:
Georgia, Tennessee, Ohio, and South Carolina
States which have Bans in Place Prior to Fetal Viability:
Florida (15 weeks), Kentucky (15 weeks), Utah (18 weeks), Iowa (22 weeks), Indiana (22 weeks), Kansas (22 weeks), West Virginia (22 weeks), and Nebraska (22 weeks).
A number of states have ongoing litigation preventing restrictive laws from going into effect; as those cases resolve, it is possible the number of states with bans will increase. Arizona is awaiting a court decision on whether it can implement its pre-Roe ban on all abortions and also has a 15- week pre-viability ban set to go into effect in September.25 A judge in North Dakota found the state’s Attorney General moved too quickly to begin the process of implementing the state’sabortion ban and issued a temporary injunction stopping the closure of the only clinic in the state. A Wyoming judge similarly blocked implementation of the state’s ban on the day it was scheduled to go into effect pending further litigation on whether the state’s constitutional provisions protecting individuals’ rights to make their own medical decisions protects abortion rights. A Utah law that goes further than its current 18-week restriction and bans abortion in nearly all cases is also enjoined by a judge while litigation proceeds on that law’s constitutionality.
*To view the full report, Impacts of a Post-Roe America The state of abortion policy after Dobbs, click here.
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