Get all your news in one place.
100’s of premium titles.
One app.
Start reading
ABC News
ABC News
Health

Where abortion is still legal in the US after the fall of Roe v Wade and what the decision means for medication abortion

Abortion rights supporters protested outside the Supreme Court after the decision was handed down. (Reuters: Evelyn Hockstein)

The US Supreme Court's decision to overturn the 1973 Roe v Wade case paves the way for about half of the 50 states to ban or heavily restrict women's access to abortions.

The first restrictions will take effect in 13 states with so-called trigger laws.

Trigger laws automatically restrict or remove access to abortion once Roe v Wade is overturned. 

The states so far to enact those laws are:

  • Arkansas
  • Idaho
  • Kentucky
  • Louisiana
  • Mississippi
  • Missouri
  • North Dakota
  • Oklahoma
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Wyoming

Some of the trigger laws ban abortions almost completely, while others outlaw abortion after six weeks or 15 weeks.

How quickly the trigger laws will go into effect will vary from state to state.

In South Dakota, Louisiana and Kentucky, trigger bans were in place to immediately outlaw abortion once Roe v Wade was overturned.  

In Oklahoma, an outright ban was approved even before Roe v Wade was overturned.

For example, Arkansas's trigger law takes effect as soon as the state attorney-general certifies that Roe v Wade has been overturned, according to the Guttmacher Institute, an abortion rights advocacy research group.

In Texas, a near-total ban on abortion will go into effect 30 days after the Supreme Court decision.

Where in the US will it still be legal to get an abortion?

The Guttmacher Institute estimates 26 states are certain or likely to ban abortion, leaving women in large areas of the US south-west and Midwest without nearby access to the medical procedure.

Most states where abortion will still be legal are on the west coast in California, Nevada, Oregon and Washington, or in the north-east.

California's Governor Gavin Newsom has gone so far as to propose enshrining the right to abortion in the state's constitution.

A handful of states in the Midwest and south-west are expected to keep abortion legal, including Illinois, Kansas, Minnesota and New Mexico, according to the Guttmacher Institute.

Colorado, Connecticut, Maryland, New Jersey and Vermont have passed legislation this year seeking to protect or expand abortion access.

Under that scenario, a woman in Miami, Florida might have to fly to another state or drive 11 hours, or more than 1,100 kilometres, to reach North Carolina, where abortion is expected to remain legal.

Anti-abortion demonstrators celebrated the decision. (Reuters: Evelyn Hockstein)

How will this affect medication abortion? 

Medication-induced abortions have become more common over the past decade.

In a medication abortion, a patient takes a drug called mifepristone followed by a second drug called misoprostol to end a pregnancy, rather than having a surgical procedure.

The drugs are approved for use up until the 10th week of pregnancy.

The US Food and Drug Administration approved mifepristone in 2000, but until very recently, it mandated that patients get it at a doctor's office, clinic or hospital.

After easing those restrictions during the COVID-19 pandemic, the agency in December permanently did away with the requirement that it had to be dispensed in person, allowing patients to consult with healthcare providers via telemedicine appointments and receive the pills by mail.

That increased access to abortion for patients living in remote areas without providers nearby.

More than half of abortions in the US are medication abortions, according to the Guttmacher Institute.

After a significant rise from 2017, 2020 was the first time medication abortion became the majority of all abortions. (Supplied: Guttmacher Institute)

Conservative states have already rushed to restrict abortion pills, but with Roe v Wade overturned, experts say states will be able to ban them altogether.

The states of Texas, Arizona, Louisiana, Arkansas, Montana and West Virginia have already banned any use of telemedicine for medication abortion. 

A swathe of other states require one, two or more in-person visits, and several others — where abortion remains legal and accessible — have no restrictions on telehealth abortion.

ABC/Reuters

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.