Background

The current make up of the U.S. Supreme Court have led some state policymakers to consider the possibility that Roe v. Wade could be overturned and regulation of abortion returned to the states. Some state legislatures are considering banning abortion under all or virtually all circumstances; these measures are widely viewed as an attempt to provoke a legal challenge to Roe, while other states are considering abortion bans that would go into effect in the event that Roe is overturned. And a number of states still have pre-1973 abortion bans on the books—several of which, in theory, could be enforced if Roe were ever overturned. Still other states have laws declaring the state’s intent to ban abortion to the extent permitted by the U.S. Constitution.

Meanwhile, some states are moving in the opposite direction by passing laws that essentially codify the parameters of Roe. These laws prohibit any interference with a woman exercising her right to obtain an abortion before viability or when necessary to protect the life and health of the woman.