In response to the Dobbs Supreme Court ruling, President Joe Biden signed an executive order (EO) in July on protecting access to reproductive healthcare services, including abortion care and contraception. Provisions in the EO include protecting access to medication abortion, improving access to contraception, ensuring access to emergency abortion care and taking steps to improve patient privacy. Our statement on this Executive Order can be found here.

On Aug. 3, Pres. Biden introduced a second Executive Order calling on HHS to consider how to expand coverage to patients traveling across state lines for reproductive healthcare. 

On June 24, in a 6-3 decision, SCOTUS ruled to overturn Roe v. Wade to eliminate a person’s right to abortion. The Dobbs v. Jackson Women’s Health Organization ruling opens the floodgates for anti-abortion legislation at the state level.

Prior to the decision, 13 states had “trigger ban” laws in place and another 13 had the potential to ban abortion access. Since August 8, several trigger bans and pre-Roe bans have taken effect; In some states, new bans have been introduced; some bans are still under litigation or in flux.

Arizona: 15-week abortion ban passed the legislature on March 24. The ban goes into effect on Sept. 24.

Florida: 15-week abortion ban went into effect on July 1.

Idaho: SB 1309 – This legislation, signed by Governor Little on March 23, amends Idaho’s 6-week gestational ban to incorporate Texas SB 8-style civil penalties. Advocates are asking Governor Little to veto the legislation, however, he has previously supported anti-abortion legislation. The ban went into effect on April 22.

Kentucky: In a reversal of a lower court ruling, a Kentucky Court of Appeals judge allowed the state’s trigger law and 6-week ban to go into effect on Aug. 1. On Aug. 2, advocates appealed to the Kentucky Supreme Court to block the state’s abortion bans.

Louisiana: The state's trigger ban was reinstated on August 1. An appeal is expected. Governor Edwards signed SB 342 on June 17, amending the state’s trigger ban and increasing criminal penalties for abortion patients to 10 years and $100,00 in fines, and for providers, 15 years in prison and up to $200,000 in fines.

Missouri: trigger ban went into effect on June 24, outlawing abortion and imposing criminal penalties.

Oklahoma: trigger ban went into effect on June 24.

South Carolina: On July 26, a state judge declined a request to temporarily block South Carolina’s 6-week ban.

Tennessee: total abortion trigger ban is scheduled to take effect on August 25.

Wyoming: Governor Gordon certified the state’s trigger ban to outlaw abortion on July 22, with an effective date of July 27. A judge temporarily blocked the state’s ban on July 27.

Arizona: On July 20, Planned Parenthood Arizona challenged Attorney General Mark Brnovich’s motion to reinstate the 1864 Territorial Law pre-Roe ban. The next hearing is scheduled for Aug. 19.

Georgia: 6-week ban took effect on July 20. State providers and advocates have filed a suit to block the ban.

Idaho: On Aug. 2, the U.S. Justice Department (DOJ) sued Idaho for its near-total abortion ban. DOJ argues that the ban, scheduled to go into effect on Aug. 25, violates the Emergency Medical Treatment and Labor Act.

North Dakota: The state’s trigger ban was temporarily blocked by a judge on July 29. The state Attorney General is attempting to recertify the ban with an effective date of Aug. 26.

Utah: Trigger ban was temporarily blocked on June 27.

Indiana: General Assembly is in special session July 25-Aug. 14 to pass new abortion restrictions. SB 1 terminates the licensure of abortion clinics and criminalizes abortion as a Level 5 Felony. The bill passed the Senate and is in the House.

Montana: Legislators are contemplating a special session.

Wisconsin: Gov. Tony Evers called a special session to repeal a pre-Roe criminal abortion law from 1849. Assuming Roe falls, the law criminalizes nearly all abortions. The Republican majority state legislature gaveled in and gaveled out on June 22, taking no action. Attorney General Josh Kaul has said the law is too old to enforce and he won’t prosecute any cases. Kaul also asked local prosecutors to do the same. Wisconsin does not have a trigger law.

West Virginia: HB 302 – Introduced during Special Session, this total ban carries a felony penalty of 3-10 years imprisonment for providers. The bill passed the House and is currently in the Senate.

Protective Executive Orders and State Bills

Governors in Minnesota, Massachusetts  New Mexico, and Pennsylvania have taken action by issuing Executive Orders to protect abortion access and related reproductive healthcare in their states.

California: AB 2199 – This bill would create the Birthing Justice for California Families Pilot Project to advance birth equity and expand access to full-spectrum doula care for women and birthing people whose communities suffer from disproportionately high rates of negative birth outcomes, but who are not eligible for Medi-Cal coverage; and incarcerated women and birthing people.

California: AB 2626 – This bill prohibits the removal or suspension of medical licenses of California abortion providers complying with state law.

Colorado: HB 22-1279 (Reproductive Health Equity Act) – Signed by Gov. Jared Polis on April 4, this law codifies the right to abortion access and prohibits state and local entities from restricting and prosecuting abortion care.

Connecticut: HB 5414 – Signed by Gov. Ned Lamont on May 5, this bill creates barriers to state courts’ cooperation in prosecutorial abortion-related cases and protects out-of-state individuals who are traveling to Conn. for reproductive care and services.

Maine: HP 1406/LD 1899 – This bill, signed by Gov. Janet Mills on April 20, prevents anti-abortion protestors from entering and demonstrating 8 feet from the entrance of clinics and provider buildings, creating a “medical safety zone.”

Massachusetts: H.5090 – Signed by Gov. Charlie Baker on July 29, the bill provides access protections for reproductive and gender-affirming care.

South Carolina: SB 1348 – Introduced June 15, this bill would repeal the state’s 6-week ban, protect contraception, and other forms of reproductive health care.

Kansas Victory: On August 2, Kansas voters overwhelmingly chose to support abortion rights. Voters rejected the “No Right to Abortion,” a constitutional amendment that would have eliminated protections for abortion rights. The 59-41% victory in Kansas was the first vote on abortion since the U.S. Supreme Court overturned Roe v. Wade.

Arizona: On May 17, Arizonans for Reproductive Freedom filed an initiative to amend the state constitution and protect abortion rights. Advocates failed to collect 356,000 signatures by July 7 and plan to try again for the 2024 ballot.

California: Prop 1 Right to Reproductive Freedom Amendment – Appearing on the November ballot, Prop 1 would amend the state constitution to codify the right to abortion, contraception, and reproductive decisions.

Vermont: Prop 5 – The Reproductive Liberty Amendment is a proactive ballot measure that would protect abortion in the state and will appear on the state’s November ballot.

Colorado: Initiative 56 – The state Title Board approved the collection of signatures to add an initiative to ban and criminalize abortion to the November statewide ballot. Anti-abortion advocates have until Aug. 8 to collect 124,632 signatures to make the ballot.

Missouri: SJR 34 – Failing to pass before the end of session, this would have amended the state constitution, if adopted by the voters, to prohibit the General Assembly from funding abortion clinics, physician's offices, and providers.

Montana: LR-131 – This ballot initiative grants personhood rights

Oklahoma: SJR 37 – This proposed ballot initiative would amend the constitution to say that abortion is not a protected/constitutional right in the state. The resolution failed to pass before the end of session.

Pennsylvania: SB 106 – This is a joint-resolution proposing two distinct changes to the PA constitution; one to ensure that abortion is not protected, and the other to impose more restrictive voting policies. 

Pennsylvania: SB 956 – This bill proposes amending the state constitution, by ballot initiative, to read that there is no right to abortion or funding for abortion. The bill would also prohibit public insurance coverage of abortion care. Gov. Tom Wolf has said he will veto this legislation. The bill was removed from the table on June 28, but amended into SB 106. Both bills could move when the legislature resumes in September.

Georgia: SB 456 – Introduced on Feb. 3, this bill would limit the mailing of abortion pills. The bill passed the Senate and died in the House.

Kentucky: HB 3 – This anti-abortion bill bans the mailing of abortion medication, requires in-person clinic visits and ultrasounds and creates a public registry of abortion providers. On April 14, the Kentucky legislature overrode Governor Andy Beshear’s veto of the bill.

Louisiana: SB 388 – Signed by Governor John Bel Edwards on June 17, this legislation expands the definition of criminal abortion to include the delivering, dispensing, distributing, or providing a pregnant woman with an abortion-inducing drug and provides for penalties. The effective date was Aug. 1.