Overturning Roe v. Wade Instantly Makes Abortion Illegal in These 13 States

By Darragh Roche On 5/3/22 at 10:05 AM EDT

If the U.S. Supreme Court officially overturns Roe v. Wade, abortion will instantly become illegal in 13 states and many more may attempt to make the procedure illegal.

There is renewed concern among supporters of abortion rights about bans following the publication on Monday of what appeared to be a draft Supreme Court majority opinion by Politico. Authored by Associate Justice Samuel Alito, the draft struck down both Roe and the subsequent case, Planned Parenthood v. Casey.

Striking down the landmark 1973 decision would see abortion banned in states that have so-called "trigger bans" that would take effect if Roe is overturned.

Some states still have pre-1973 bans on their statute books that could take be enforced, while others have state constitutions that prohibit protections for abortion rights.

An Axios report showed that 13 states would see instant bans on abortion, while the Guttmacher Institute, a research and policy organization that describes itself as "committed to advancing sexual and reproductive health and rights," reported that there are 22 states "certain to attempt to ban abortion."

The Center for Reproductive Rights, an organization that supports the legal protection of abortion as a fundamental right, estimated that 24 states would move to ban abortion.

Roe v Wade overturned abortion bans states — Abortion could quickly become illegal in 13 states if Roe v. Wade is overturned. Pictured, demonstrators gather outside of the U.S. Supreme Court on May 2, 2022 in Washington, D.C. In an initial draft majority opinion obtained by Politico, Supreme Court Justice Samuel Alito allegedly wrote that the cases Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey should be overturned, which would end federal protection of abortion rights across the country. Photo by Kevin Dietsch/Getty Images

Here is a list of the 13 states where abortion will become illegal if Roe is overturned.

Arkansas

Arkansas has a pre-Roe ban on abortion as well as a trigger ban that would take effect if the Supreme Court strikes down its own precedent.

Idaho

The state of Idaho has a trigger ban that would make abortion illegal, as well as a six-week ban similar to the controversial law introduced in Texas that allows for private enforcement.

Kentucky

Kentucky has a trigger ban on abortion, while the state legislature overrode the veto of Democratic Governor Andy Beshear in April to impose restrictions including a ban on abortions at around 15 weeks of pregnancy. That law has been temporarily halted by the courts.

Louisiana

The state of Louisiana has a trigger ban and its state constitution bars protections for abortion rights.

Mississippi

In common with all 13 states on this list, Mississippi has a trigger ban as well as a 15-week ban that is currently before the Supreme Court. The constitutionality of that 15-week ban is the subject of the leaked draft majority opinion released by Politico on Monday.

Missouri

In addition to a trigger ban, Missouri currently has an eight-week ban on abortions but that ban was blocked by a federal judge in August 2019. An appeal was heard in September 2021 but no decision has yet been reached.

North Dakota

The state of North Dakota has a trigger ban that would take effect if Roe v. Wade is struck down.

Oklahoma

Along with a trigger ban, Oklahoma still has a pre-Roe law against abortion on its statute books.

South Dakota

In a similar fashion to its northern neighbor, South Dakota has a trigger ban that would make abortion illegal if the Supreme Court throws out the precedent established in 1973.

Tennessee

Tennessee has a trigger ban and its state constitution bars protection for abortion rights.

Texas

The state of Texas currently has a controversial six-week abortion ban that the Supreme Court declined to stay in a controversial decision in October 2021. That law does not involve state officials, but empowers private individuals to sue anyone who "aids or abets" an unlawful abortion and potentially receive a potential reward of at least $10,000.

Texas also has a trigger ban that would take effect if Roe is overturned and a pre-existing ban from before the landmark ruling in 1973.

Utah

Like the other states on this list, Utah also has a trigger ban on abortion.

Wyoming

In March 2022, Wyoming became the 13th state to institute a trigger ban that would make abortion illegal if Roe is overturned.

States Without Trigger Bans

Though abortion would instantly become illegal in 13 states because of trigger bans, it is likely other states would also outlaw the procedure. Two states - West Virginia and Alabama - have constitutions that bar protection for abortion rights but do not have trigger bans.

West Virginia also has a pre-Roe ban. Michigan and Wisconsin also have bans that predate 1973 but it remains to be seen how those laws will be affected by overturning Roe or what actions their state legislatures may take.

There are six-week bans in Georgia, Iowa, Ohio and South Carolina, while the Guttmacher Institute's analysis said that Florida, Indiana, Montana and Nebraska are also likely to ban abortion.

The Center for Reproductive Rights believes North Carolina would also enact a ban and notes that it already has a pre-Roe ban.

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