State Laws Restricting or Prohibiting Abortion (CRS Report for Congress)
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| Release Date |
Revised July 29, 2024 |
| Report Number |
R47595 |
| Report Type |
Report |
| Authors |
Laura Deal |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
This report provides an overview of existing or recently passed state laws prohibiting or limiting abortion prior to 24 weeks’
gestational age. It also identifies “trigger laws” that generally prohibit abortion that went into effect, either automatically or
following action by a state official, when the Supreme Court overturned Roe v. Wade, as well as new laws passed since June
24, 2022.
he Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overruled
Roe v. Wade, providing states with greater discretion to restrict abortion access, including
by limiting abortion prior to fetal viability. This report provides an overview of existing or
recently passed state laws prohibiting or limiting abortion prior to 24 weeks’ gestational age,
which for many years was considered the point of viability, though medical advancements may
have moved that point earlier.
The report identifies “trigger laws” that generally prohibit abortion
that went into effect, either automatically or following action by a state official, when the
Supreme Court overturned Roe v. Wade. It also includes new laws passed since June 24, 2022,
when the Supreme Court overturned Roe v. Wade. This report does not address any exceptions to
these restrictions, such as in the case of a medical emergency, rape or incest, or restrictions to
specific methods of abortion, such as medication abortion. Links to the full text of statutes listed
in this report are available through the Law Librarians’ Society of Washington, DC, Legislative
Sourcebook.
Some states appear multiple times in the tables. In some instances, laws may have been enjoined
or been ruled unconstitutional, but have not been repealed and removed from state codes. For
example, some historical laws that were ruled unconstitutional under Roe were never repealed.
In some cases, multiple, overlapping laws may have been intentionally or unintentionally passed
by state legislatures. Additionally, some recently repealed statutes have been included for
informational purposes.
As mentioned above, some of the laws below may not currently be in effect due to court
injunctions. Some prosecutors have also indicated they intend to use their discretion whether to
enforce the laws at the local level.
