All signs point to anti-abortion ideologues on the US Supreme Court overturning Roe v. Wade outright in the coming weeks. If that happens, 26 states are certain or likely to move quickly to ban abortion, devastating abortion access across large parts of the country and causing potentially severe health, financial and emotional consequences for people, especially those in marginalized communities.
Of those 26 states, 13 have laws in place that are designed to be “triggered” and take effect automatically or by quick state action if Roe no longer applies—Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming.
Some of these 26 states have multiple types of bans in place, including nine states with pre-Roe bans still on the books, and 11 states with early gestational age bans blocked by court orders. In states with multiple bans, state officials will determine which ban to enforce if Roe is overturned.
Even with Roe still technically in place, Oklahoma in late May became the first state to fully ban abortion, with very limited exceptions, and all abortion providers in the state were forced to stop offering care. Texas has had an abortion ban in effect since September 2021, severely limiting care in the state. Both Oklahoma and Texas also have trigger bans in place.
While all trigger bans have the same intent of banning abortion, their implementation mechanisms, timelines and other details differ. Also, most trigger bans include very limited exceptions, but those are difficult if not impossible for people seeking abortion to qualify for in real life, and mainly serve to make a draconian policy seem slightly less cruel.
1. Kentucky
2. Louisiana
3. South Dakota
1. Idaho
Enacted: 2020
Mechanism: Goes into effect 30 days after Roe is overturned without further action being required
Penalty: Anyone who provides or attempts to provide an abortion will be charged with a felony, punishable by two to five years in prison; any health care professional who performs or attempts to perform an abortion will have their license suspended for at least six months after a first offense and permanently revoked after a second offense
Exceptions: Pregnant person’s life is in danger, provider performs medical treatment that accidentally terminates a pregnancy, or pregnant person is a victim of rape or incest and has reported the incident to law enforcement
Other abortion bans: Six-week ban (not currently in effect)
2. Tennessee
Enacted: 2019
Mechanism: Goes into effect 30 days after Roe is overturned without further action being required.
Penalty: Anyone who provides or attempts to provide an abortion will be charged with a Class C felony
Exceptions: Pregnant person’s life is in danger or at serious risk of substantial and irreversible impairment of a major bodily function
Other abortion bans: Six-week ban (not currently in effect), state constitution bars protection for abortion rights
3. Texas
Enacted: 2019
Mechanism: Goes into effect 30 days after Roe is overturned without further action being required
Penalty: Anyone who provides or attempts to provide an abortion will be charged with a first- or second-degree felony, and will be subject to a civil penalty of at least $100,000 for each violation
Exceptions: Pregnant person’s life is in danger or at serious risk of substantial and irreversible impairment of a major bodily function
Other abortion bans: Pre-Roe ban
In effect: Six-week ban with enforcement through civil action (since Sept 1, 2021)
Seven states have a type of trigger ban that would go into effect after the state’s attorney general, governor or other specified official certifies that the central holding of Roe has been overturned in whole or in part. This certification process could be very quick, taking only hours or a couple of days, particularly now that the leaked Supreme Court draft opinion has provided ample notice that Roe is likely to be overturned.
1. Arkansas
Enacted: 2019
Mechanism: Certification by attorney general that the central holding of Roe has been overturned in whole or in part
Penalty: Anyone who performs or attempts to perform an abortion will be charged with a felony punishable by a fine of up to $100,000, up to 10 years in prison or both
Exceptions: Pregnant person’s life is in danger
Other abortion bans: Pre-Roe ban, near-total ban (not currently in effect)
2. Mississippi
Enacted: 2007
Mechanism: Certification by attorney general
Penalty: Anyone who performs or attempts to perform an abortion will be charged with a felony punishable by up to 10 years in prison
Exceptions: Pregnant person’s life is in danger or the pregnant person is a victim of rape and has reported the incident to law enforcement
Other abortion bans: Pre-Roe ban, six-week ban (not currently in effect)
3. Missouri
Enacted: 2019
Mechanism: Certification by attorney general
Penalty: Anyone who performs an abortion will be charged with a class B felony, and their professional license may be suspended or revoked
Exceptions: Pregnant person’s life is in danger or at serious risk of substantial and irreversible impairment of a major bodily function
Other abortion bans: Eight-week ban (not currently in effect)
4. North Dakota
Enacted: 2007
Mechanism: Legislative Council approves a recommendation from attorney general that the abortion ban is constitutional
Penalty: Anyone who performs an abortion will be charged with a Class C felony
Exceptions: Pregnant person’s life is in danger or pregnant person is a victim of rape or incest
Other abortion bans: Six-week ban (not currently in effect), dilation and evacuation abortion method prohibited (takes effect 30 days after Roe is overturned)
5. Oklahoma
6. Utah
Enacted: 2020
Mechanism: Legislative general counsel certifies that legislature can ban abortion
Penalty: Anyone who performs an abortion will be charged with a second-degree felony
Exceptions: Pregnant person’s life is in danger or at risk of substantial and irreversible impairment of a major bodily function, lethal fetal abnormality is found, or pregnant person is a victim of rape or incest and has reported the incident to law enforcement
Other abortion bans: Near-total ban (not currently in effect)
7. Wyoming
Enacted: 2022
Mechanism: Certification by governor, advised by attorney general within 30 days of the Supreme Court ruling
Penalty: Anyone who violates the provision will be charged with a felony punishable by up to 14 years in prison
Exceptions: Pregnant person’s life is in danger or at risk of substantial and irreversible impairment of a major bodily function, or pregnant person is a victim of rape or incest
Other abortion bans in Wyoming: None