Is abortion legal?

These states have worked to remove injunctions on old abortion laws, or have gone on record saying they’re thinking about it.

Alabama

In May 2019, Gov. Kay Ivey signed a bill into law that banned nearly all abortions at any stage of a pregnancy, unless a woman’s life is threatened or there is a lethal fetal anomaly. The ban, however, was blocked by a federal judge. With Roe overturned, though, state officials say they would move quickly to challenge the federal judge’s ruling.

Currently, Alabama does not allow abortion past the 20th week of gestation unless a doctor has determined either that the fetus is unviable or that carrying the fetus to term would cause death or severe and irreversible impairment to the woman.

Georgia

Georgia is not among the 13 states that had so-called “trigger laws” that effectively would ban abortion the moment Roe v. Wade is overridden.

Georgia law allows abortions within 20 weeks of gestation or about 22 weeks since the patient’s last menstrual period. This means abortions are legal during the entirety of the first trimester (12 weeks) and partway through the second trimester, which ends after 26 weeks.

Medical abortions can take place within the first 10 weeks of pregnancy, while surgical abortions are the primary method for more advanced pregnancies.

Michigan

In April, Planned Parenthood of Michigan and Dr. Sarah Wallett filed a lawsuit seeking to block enforcement of the 1931 law, which would outlaw abortion in the state.

In May, the Michigan Court of Claims granted a preliminary injunction in the suit, meaning the 1931 law will not go into effect until there is a decision in the lawsuit.

However, Right to Life of Michigan, the Michigan Catholic Conference, and two county prosecutors have asked the appeals court to throw out the injunction.

Indiana

Abortions can only be performed within the first 20 weeks “postfertilization,” according to Indiana statute, which amounts to 22 weeks after the last menstrual cycle.

People under 18 must get the consent of their parents or legal guardians before receiving an abortion.

At least 18 hours before an abortion, a pregnant person must be given counseling aimed at influencing their decision. That counseling includes offering to show them an ultrasound image of the fetus and offering to let them listen to the fetus’ heartbeat, if audible.

They must also be told that “human physical life begins when a human ovum is fertilized by a human sperm,” Indiana law states.

Ohio

In Ohio, Attorney General Dave Yost said Friday he filed an emergency motion in federal court to dissolve “The Heartbeat Bill” injunction now that Roe v. Wade has been overturned.

Later Friday evening, a federal judge approved Yost’s motion and dissolved the injunction.

The move bans abortions after approximately six weeks of pregnancy across the state.

Yost tweeted Friday evening, “The Heartbeat Bill is now the law.”

West Virginia

While abortion is legal in West Virginia, the state has several requirements before an abortion can be performed. State abortion statutes require notification of one parent before an abortion and a mandatory 24-hour waiting period during which a woman must also receive counseling and notification of services.