Abortion-rights advocates rally in the Nebraska Capitol rotunda on April 12, 2023, in opposition to the Nebraska Heartbeat Act, which would have banned abortion around six weeks. The bill did not pass, but a 12-week ban is now law. (Photo by Joseph Kual Zakaria/News21)

Abortion-rights advocates rally in the Nebraska Capitol rotunda on April 12, 2023, in opposition to the Nebraska Heartbeat Act, which would have banned abortion around six weeks. The bill did not pass, but a 12-week ban is now law. (Photo by Joseph Kual Zakaria/News21)

‘Confusing’ and ‘chilling’: First legislative sessions after Roe produce patchwork of laws on abortion

The first full state legislative sessions after the fall of Roe v. Wade produced hundreds of bills that are all over the map on abortion, including proposals to do what was once considered unthinkable: criminalize pregnant people themselves.

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A year after the U.S. Supreme Court returned regulation of abortion to the states, the first full legislative sessions post-Roe v. Wade produced a lot of confusion and little agreement, with more extreme measures going so far as to propose criminalizing pregnant people – once unthinkable on all sides of the debate.

News21 spent months analyzing more than 550 abortion-related bills introduced this year in all 50 states – and found that the biggest loser was compromise.

“I think we’re in this strange period of kind of shock after Roe v. Wade being overturned,” said Eric Scheidler, executive director of the anti-abortion Pro-Life Action League, based in Illinois.

“I’m trying to be patient and … watch what we can learn about the policies that have been implemented in different states. Then maybe we’ll start to be able to approach this more rationally and seek more common ground.”

Rather than bipartisan consensus, 2023 brought conflicting action across the land, often based on which party holds power where.

Just one example: Several Republican-led states sought to stop abortion-seekers from crossing state lines, and one – Idaho – succeeded in making it a crime to help a minor get an out-of-state abortion. At the opposing end, other states increased protections for nonresidents obtaining abortions and shielded providers and patients from investigations initiated in restrictive states.

Protesters fill the Nebraska Capitol rotunda on May 16, 2023, as legislators debate a bill to ban both gender-affirming surgery for minors and abortion after 12 weeks. The bill has since been signed into law. (Video by Joseph Kual Zakaria/News21)

In several places, protesters took to statehouse rotundas and galleries to condemn lawmakers in vitriolic displays that at times disrupted debate. Such was the case in Nebraska, where security was called to clear the visitors’ gallery after outbursts during debate over a measure that included both a 12-week abortion ban and a ban on gender-affirming surgery for minors. That bill is now law.

Very few bills dealt with securing the middle ground, where most Americans sit on abortion. A record-high 69% of Americans believe abortion should generally be legal in the first three months of pregnancy, according to a recent Gallup poll. Fifty-two percent think abortion is morally acceptable, and 61% said overturning Roe v. Wade was a “bad thing.”

Coupled with ongoing court challenges that have even experts unsure of the legal landscape from state to state, the efforts of elected officials have left many of those whom they serve confounded and concerned.

“Every week, mostly patients from North Dakota will say, ‘Is it even legal for me to come there? Will I get prosecuted for this health care?’” said Tammi Kromenaker, director of Red River Women’s Clinic, which moved from Fargo, North Dakota, to Moorhead, Minnesota, after North Dakota banned almost all abortions.

In Oklahoma, Kailey Voellinger worked for three years as clinic director of the abortion-rights organization Trust Women Foundation. Lawsuits and a slew of new legislation have left her uncertain of how to advise patients.

In late May, that state’s Supreme Court ruled that two laws banning abortion were unconstitutional. Nevertheless, a near-total ban on abortion remains in place, except in life-threatening situations.

“The way that these bills are written are specifically written to be confusing. They’re explicitly written to terrify people,” Voellinger said.

“These laws are intended to create fear and shame around health care, and it’s deeply frustrating to watch it happen over and over, state to state.”

Legislative landscape: text version

Historical reporting, updated July 20, 2023. This is the data from the map below.

Download the original map data (JSON)

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Alabama
Abortion access
Abortion is banned, except to save a pregnant person's life or prevent serious health risks.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Kay Ivey is also a Republican.
Overall
Legislators introduced abortion-related bills that did not pass about tax credits for fetuses, parental health care consent and contributions to so-called "crisis pregnancy centers."
Alaska
Abortion access
Abortion is legal, and the state Supreme Court has ruled that a privacy clause in the state constitution guarantees an individual’s right to an abortion.
Political backdrop
The House and Senate are majority Republican. Gov. Mike Dunleavy is also a Republican.
Insurance
A bill that died in committee attempted to mandate insurance coverage for contraceptives and related services.
Arizona
Abortion access
Abortion is banned after 15 weeks of pregnancy, except to save a pregnant person's life.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Katie Hobbs is a Democrat.
Born alive
Hobbs vetoed a "born-alive" bill, which sought to declare a fetus delivered alive a legal person, no matter the stage of development, and guarantee medical care.
Arkansas
Abortion access
Abortion is banned, except to save a pregnant person's life.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Sarah Huckabee Sanders is also a Republican.
Overall
Bills did not pass that sought to prohibit medication abortions and require employers that cover the costs of abortions to also offer paid maternity leave.
California
Abortion access
Abortion is legal until fetal viability, about 24-26 weeks of pregnancy, and to protect the life and health of the mother.
Political backdrop
The House and Senate are controlled by Democrats. Gov. Gavin Newsom is also a Democrat.
Overall
Legislators have introduced abortion-related measures to protect health care providers, regulate false advertising from so-called "crisis pregnancy centers," protect patient information and digital privacy, safeguard people accused of abortion crimes in other states, update state Medicaid coverage for medication abortions, and require out-of-state insurance companies to cover abortions.
Colorado
Abortion access
Abortion is legal at all stages of pregnancy.
Political backdrop
The House and Senate are controlled by Democrats. Gov. Jared Polis is also a Democrat.
Anti-abortion centers
A new law makes it a deceptive trade practice for so-called “crisis pregnancy centers” to disseminate false information about services such as abortions, emergency contraception and so-called “medication abortion reversal.” Anyone who attempts "medication abortion reversal" would be subject to discipline, but state boards are reviewing this before it takes effect. The American College of Obstetricians and Gynecologists says “claims regarding abortion ‘reversal’ treatment are not based on science and do not meet clinical standards.”
Parental consent
A new law allows health care providers to give minors contraceptives and information.
Prosecution
A new shield law protects patients and health care providers.
Insurance
A law requires large employer health insurance plans, with some exceptions, to cover the cost of abortions starting in 2025.
Connecticut
Abortion access
Abortion is legal until fetal viability, about 24-26 weeks of pregnancy, and to protect the life and health of the mother.
Political backdrop
The House and Senate are controlled by Democrats. Gov. Ned Lamont is also a Democrat.
Medical professional licensing
Two new laws ensure that health care professionals disciplined in other states for providing abortions will not face disciplinary action in Connecticut, so long as the abortion was in line with Connecticut statutes.
Delaware
Abortion access
Abortion is legal until fetal viability, about 24-26 weeks of pregnancy, and to protect the life and health of the mother or in the event of serious fetal anomaly.
Political backdrop
The House and Senate are controlled by Democrats. Gov. John Carney is also a Democrat.
Insurance
Legislators introduced a bill, which died in committee, to remove financial barriers for individuals seeking abortion care by eliminating additional costs related to insurance.
Florida
Abortion access
Abortion is banned after 15 weeks of pregnancy. A six-week ban has been signed but is not in effect amid court challenges to the current ban.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Ron DeSantis is also a Republican.
Overall
Florida passed a bill limiting abortion to six weeks –with exceptions for rape, incest and human trafficking until 15 weeks of gestation. It's been signed into law, but is on hold amid a court challenge.
Georgia
Abortion access
Abortion is banned after six weeks of pregnancy, except to save a pregnant person's life or in cases of rape or incest.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Brian Kemp is also a Republican.
Family support
A new law expands temporary assistance for needy families, including pregnant women.
Hawaii
Abortion access
Abortion is legal until fetal viability, about 24-26 weeks of pregnancy, and to protect the life and health of the mother.
Political backdrop
The House and Senate are controlled by Democrats. Gov. Josh Green is also a Democrat.
Criminalization
A new law limits cooperation with out-of-state investigations, proceedings or warrants around reproductive health care, provided that the care is legal in Hawaii.
Misc. bills
The law also says physician assistants may perform abortions in the first trimester and protects people who don't want to provide abortions.
Idaho
Abortion access
Abortion is banned, except to save a pregnant person's life or in cases of rape or incest.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Brad Little is also a Republican.
Misc. bills
The state's new "abortion trafficking" law makes it illegal to transport a minor out of state to get an abortion without parental consent. The law is being challenged in court.
Illinois
Abortion access
Abortion is legal until fetal viability, about 24-26 weeks of pregnancy, and to protect the life and health of the mother.
Political backdrop
The House and Senate are controlled by Democrats. Gov. J.B. Pritzker is also a Democrat.
Anti-abortion centers
A new law prohibits so-called "crisis pregnancy centers" from using deceptive practices to dissuade patients from abortion.
Data privacy
A bill sent to the governor says that automated license plate reader users can't sell, share or transfer information to states with strict abortion bans.
Indiana
Abortion access
On June 30, 2023, the state Supreme Court upheld the state’s near-total ban on abortion, with limited exceptions. The state is asking another court to lift a stay so the law can take effect. Until that happens, abortion is banned after 22 weeks of pregnancy.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Eric Holcomb is also a Republican.
Overall
A new measure prohibits state funding toward the Kinsey Institute, a research institute at Indiana University that studies sexuality, gender, relationships and reproduction.
Iowa
Abortion access
A six-week ban was signed into law on July 14 but is being challenged in court. For now, abortion is banned after 20 weeks of pregnancy.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Kim Reynolds is also a Republican.
Overall
Bills did not pass to protect medical facilities that refuse care based on religious beliefs, allow pharmacists to dispense contraceptives without a prescription, criminalize abortion at all stages, and increase penalties for abortion providers.
Kansas
Abortion access
Abortion is banned after 22 weeks of pregnancy, except to save a pregnant person's life.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Laura Kelly is a Democrat.
Born alive
The state's new "born-alive" law requires health care providers to provide the same level of care to a fetus "born alive" at any stage of development. The Legislature overrode the governor's veto to enact the legislation.
Family support
The Legislature appropriated $2 million to the "Alternatives to Abortion" program, to promote childbirth and fund so-called "crisis pregnancy centers," adoption assistance and maternity homes.
Overall
A new law, which is being challenged in court, requires health care offices to post signs informing patients about "medication abortion reversal," which medical experts say is not rooted in science. The Legislature overrode the governor's veto.
Kentucky
Abortion access
Abortion is banned, except to save a pregnant person's life or prevent serious health risks.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Andy Beshear is a Democrat.
Overall
Bills did not pass to establish licensure standards for so-called "crisis pregnancy centers," classify abortion as murder or manslaughter, and require Medicaid coverage for contraceptives.
Louisiana
Abortion access
Abortion is banned, except to save a pregnant person's life, prevent serious health risks or if the fetus is not expected to survive.
Political backdrop
The House and Senate are controlled by Republicans. Gov. John Bel Edwards is a Democrat.
Anti-abortion centers
A new law authorizes a tax credit for donations to so-called "crisis pregnancy centers."
Maine
Abortion access
Abortion is legal until fetal viability, about 24-26 weeks of pregnancy, and to protect the life and health of the mother.
Political backdrop
The House and Senate are controlled by Democrats. Gov. Janet Mills is also a Democrat.
Insurance
The state budget includes a provision to extend postpartum coverage under MaineCare from 60 days to 12 months.
Overall
A new law further expands abortion access in the state. Previously, abortion was legal until fetal viability or to preserve the life or health of the mother. Now an abortion may be performed at any time during pregnancy if a doctor deems it necessary. “The personal decision about whether to have an abortion later in pregnancy will be made by a woman in consultation with her doctor,” stated a news release by the governor’s office.
Maryland
Abortion access
Abortion is legal until fetal viability, about 24-26 weeks of pregnancy, and to protect the life and health of the mother.
Political backdrop
The House and Senate are controlled by Democrats. Gov. Wes Moore is also a Democrat.
Prosecution
A new law prohibits judges from enforcing subpoenas from other states seeking evidence in criminal cases related to abortion or other legally protected health care.
Massachusetts
Abortion access
Abortion is banned after 24 weeks of pregnancy, with four exceptions: to save the patient’s life, to preserve the patient’s physical or mental health, diagnosis of a lethal fetal anomaly, or a diagnosis “that indicates that the fetus is incompatible with sustained life outside of the uterus without extraordinary medical interventions.”
Political backdrop
The House and Senate are controlled by Democrats. Gov. Maura Healey is also a Democrat.
Overall
The Legislature has considered bills related to protecting patient privacy, preventing deceptive advertising of pregnancy services, prohibiting abortion due to a Down syndrome diagnosis, criminalizing abortion as fetal homicide or murder, and allowing taxpayers to specify they don't want any portion of their income tax liability to be used toward abortion funding.
Michigan
Abortion access
Abortion is legal until fetal viability, about 24-26 weeks of pregnancy, and to protect the life and health of the mother.
Political backdrop
The House and Senate are controlled by Democrats. Gov. Gretchen Whitmer is also a Democrat.
Overall
The Legislature repealed a 1931 ban on abortion and part of the penal code that made it illegal to induce an abortion with medication. In 2022, voters passed an amendment to the state constitution guaranteeing an individual's right to reproductive freedom, which includes abortion access.
Minnesota
Abortion access
Abortion is legal until fetal viability, about 24-26 weeks of pregnancy, and to protect the life and health of the mother.
Political backdrop
The House and Senate are controlled by Democrats. Gov. Tim Walz is also a Democrat.
Medical professional licensing
A new law allows physicians, nurses and pharmacists to obtain a medical license, even if they were disciplined for performing an abortion in another state, and shields them from extradition.
Prosecution
The same law limits the release of health records in cases related to reproductive health and restricts the enforcement of subpoenas and extradition of people charged in other states in cases related to abortion.
Mississippi
Abortion access
Abortion is banned, except to save a pregnant person's life or in cases of rape.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Tate Reeves is also a Republican.
Anti-abortion centers
A new law expands the aggregate amount of tax credits for donations to so-called "crisis pregnancy centers" from $3.5 million to $10 million.
Insurance
A new law expands postpartum Medicaid assistance up to a year.
Family support
A new state-run website and app will provide pregnant people with resources on adoption assistance, pregnancy supplies, and prenatal and postpartum care.
Missouri
Abortion access
Abortion is banned, except to save a pregnant person's life or prevent serious health risks.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Mike Parson is also a Republican.
Overall
Lawmakers attempted but failed to make it harder to amend the state constitution, even as abortion-rights advocates gear up for a ballot measure to enshrine abortion rights in the constitution.
Montana
Abortion access
Abortion is legal until fetal viability, about 24-26 weeks of pregnancy, and to protect the life and health of the mother. A bill making it a crime to perform a common abortion procedure has been signed into law but is being challenged in court.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Greg Gianforte is also a Republican.
Born alive
A new law defines a fetus "born alive" following an attempted abortion as a legal person and requires health care providers to preserve its life and health.
Medication
A new law prohibits pharmacists from prescribing abortion-inducing drugs.
Insurance
A new law allows health care institutions and payers to deny services due to "right of conscience." Another law prohibits public funds from being used to fund an abortion, with limited exceptions.
Nebraska
Abortion access
Abortion is banned after 12 weeks of pregnancy, except to save a pregnant person's life or in cases of rape or incest.
Political backdrop
The unicameral is majority Republican. Gov. Jim Pillen is also a Republican.
Overall
A new law combines a 12-week ban on abortion and a ban on gender-affirming surgery. Legislators also considered but did not pass a bill to provide tax credits for donations to so-called "crisis pregnancy centers."
Nevada
Abortion access
Abortion is banned after 24 weeks of pregnancy, with exceptions for the life and health of the mother.
Political backdrop
The House and Senate are controlled by Democrats. Gov. Joe Lombardo is a Republican.
Parental consent
A new law allows minors to obtain contraceptives from certain health care providers without parental consent.
Prosecution
A new shield law bars state agencies from assisting in out-of-state investigations that could lead to the prosecution of abortion patients who travel to Nevada.
Data privacy
A new law requires certain entities to develop, maintain and advertise a policy concerning the privacy of consumer heath data.
New Hampshire
Abortion access
Abortion is banned after 24 weeks of pregnancy, with exceptions for the life and health of the mother and fatal fetal diagnoses.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Chris Sununu is also a Republican.
Overall
A so-called "born-alive" bill failed to pass.
New Jersey
Abortion access
Abortion is legal at all stages of pregnancy.
Political backdrop
The House and Senate are controlled by Democrats. Gov. Phil Murphy is also a Democrat.
Overall
The Legislature considered bills related to deceptive advertising practices by so-called "crisis pregnancy centers" and Medicaid coverage for ovulation-enhancing drugs.
New Mexico
Abortion access
Abortion is legal at all stages of pregnancy.
Political backdrop
The House and Senate are controlled by Democrats. Gov. Michelle Lujan Grisham is also a Democrat.
Prosecution
A new law prohibits entities in New Mexico from sharing patient information related to abortion care to aid outside civil or criminal investigations or disciplinary proceedings.
Overall
A new law enshrines into law protections around abortion and gender-affirming health care and overrides local ordinances aimed at limiting that care.
New York
Abortion access
Abortion is legal until fetal viability, about 24-26 weeks of pregnancy, and to protect the life and health of the mother.
Political backdrop
The House and Senate are controlled by Democrats. Gov. Kathy Hochul is also a Democrat.
Criminalization
A new law protects New York health care providers from arrest and extradition related to abortion care and prohibits law enforcement from aiding out-of-state abortion investigations.
Medication
A new law provides access to medication abortion drugs at public universities.
North Carolina
Abortion access
Abortion is banned after 12 weeks of pregnancy, with exceptions for the life and health of the mother, in cases of rape or incest and fatal fetal diagnoses.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Roy Cooper is a Democrat.
Overall
The Legislature considered a bill to make it a felony to perform, induce or attempt an abortion, unless the mother's life is at risk.
North Dakota
Abortion access
Abortion is banned completely, except to save the life of the mother. Abortions are also allowed in cases of rape and incest, but only up to six weeks of pregnancy.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Doug Burgum is also a Republican.
Anti-abortion centers
A new law expands tax credits for donations to maternity homes, child placement agencies or so-called "crisis pregnancy centers," and expands the state's adoption tax credit.
Family support
A new law provides $1 million to the Health and Human Services Department for an "Alternatives to Abortion" program. Another provides public assistance to pregnant women.
Ohio
Abortion access
The state has a six-week abortion ban on the books, but it is not yet in effect amid court challenges. For now, abortion is banned after 22 weeks of pregnancy.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Mike DeWine is also a Republican.
Anti-abortion centers
The new state budget provides funds for a parenting and pregnancy program promoting childbirth and funding for so-called "crisis pregnancy centers."
Overall
The Legislature considered a bill that would require a patient to meet with a provider 24 hours prior to receiving an abortion to learn about alternative options.
Oklahoma
Abortion access
Abortion is banned, except to save a pregnant person's life.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Kevin Stitt is also a Republican.
Overall
Bills did not pass related to a program to promote childbirth and a tax credit for donations to so-called "crisis pregnancy centers."
Oregon
Abortion access
Abortion is legal at all stages of pregnancy.
Political backdrop
The House and Senate are controlled by Democrats. Gov. Tina Kotek is also a Democrat.
Medical professional licensing
A new law protects medical professionals and public officials from out-of-state investigations, prosecutions or civil liability related to abortion care.
Parental consent
A new law allows for minors older than 15 to access reproductive health care and younger than 15 to access care in some cases – both without parental consent.
Pennsylvania
Abortion access
Abortion is banned after 24 weeks of pregnancy, with exceptions for the life and health of the mother.
Political backdrop
The House is controlled by Democrats, and the Senate is controlled by Republicans. Gov. Josh Shapiro is a Democrat.
Overall
The Legislature has considered bills to prohibit so-called "crisis pregnancy centers" from providing false information and prohibit cooperation with out-of-state abortion investigations.
Rhode Island
Abortion access
Abortion is legal until fetal viability, about 24-26 weeks of pregnancy, and to protect the life and health of the mother.
Political backdrop
The House and Senate are controlled by Democrats. Gov. Dan McKee is also a Democrat.
Insurance
A new law expands abortion coverage in the Medicaid program and repeals the abortion coverage exclusion for state employee insurance plans. It also offers up to 24 months of postpartum support and enhances other pregnancy-related services.
South Carolina
Abortion access
The state has a six-week abortion ban on the books, but it is not yet in effect amid court challenges. For now, abortion is banned after 22 weeks of pregnancy.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Henry McMaster is also a Republican.
Criminalization
A bill was introduced, but did not pass, to make abortion a criminal act during any trimester if the sole reason is the unborn child has a fetal anomaly.
Overall
A new law, on hold for now, bans abortions at about six weeks of pregnancy. Abortions are lawful in cases of rape or incest through 12 weeks, for medical emergencies, or because of fetal anomalies. Providers who violate the law will face revocation of their medical license.
South Dakota
Abortion access
Abortion is banned, except to save a pregnant person's life.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Kristi Noem is also a Republican.
Family support
A new law requires both parents of a child born out of wedlock to pay reasonable expenses related to prenatal care, labor and delivery, postpartum recovery, and any medical complications.
Overall
Though South Dakota has a complete ban on abortion, a new law says women who receive an unlawful abortion may not be held criminally liable.
Tennessee
Abortion access
Abortion is banned, except to save a pregnant person's life or prevent serious health risk.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Bill Lee is also a Republican.
Anti-abortion centers
Tennessee’s budget includes $20 million for anti-abortion centers.
Insurance
A new law prohibits local governments from expending funds to assist a person in obtaining an abortion.
Texas
Abortion access
Abortion is banned, except to save a pregnant person's life or prevent serious health risk.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Greg Abbott is also a Republican.
Prosecution
A new law allows the removal of district and county attorneys if they refuse to prosecute certain criminal offenses, abortion included, or instruct law officers to not arrest people for particular offenses.
Family support
A new law increases funding to the state's “Alternatives to Abortion” program. Another extends Medicaid coverage for new mothers up to 12 months after pregnancy.
Utah
Abortion access
Abortion is banned after 18 weeks of pregnancy. A complete ban is being challenged in court and is not in effect.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Spencer Cox is also a Republican.
Misc. bills
Legislators passed a law that effectively banned abortion clinics in the state, which is currently being blocked in court. The state also passed a law requiring timely access to emergency contraception for victims of sexual assault.
Vermont
Abortion access
Abortion is legal at all stages of pregnancy.
Political backdrop
The House and Senate are controlled by Democrats. Gov. Phil Scott is a Republican.
Anti-abortion centers
A new law requires medical professionals who work at so-called "crisis pregnancy centers" to provide accurate services, information and counseling.
Medical professional licensing
It also protects health care providers from other states who want to provide telehealth services to patients in Vermont. And the state will not discipline its own medical professionals for providing telehealth reproductive services to patients in other states.
Insurance
The law also states that Medicaid and health insurance plans must cover abortion-related services and allows over-the-counter, nonprescription emergency contraception to be dispensed through vending machines.
Data privacy
Another new law protects reproductive health care providers from premium charges and reinforces nondisclosure of health information.
Virginia
Abortion access
Abortion is legal up until the third trimester, about 26 weeks, with exceptions for the life and health of the mother.
Political backdrop
The House is controlled by Republicans, and the Senate is controlled by Democrats. Gov. Glenn Youngkin is a Republican.
Overall
Legislators but did not pass a "born-alive" bill and a bill to protect providers from being extradited to other states to face abortion-related charges.
Washington
Abortion access
Abortion is legal until fetal viability, about 24-26 weeks of pregnancy, and to protect the life and health of the mother.
Political backdrop
The House and Senate are controlled by Democrats. Gov. Jay Inslee is also a Democrat.
Medication
A new law gives the Department of Corrections the authority to administer abortion medication.
Prosecution
A new law prohibits out-of-state subpoenas and out-of-state criminal investigations related to abortion care, and precludes the governor from extraditing any person for out-of-state charges regarding reproductive care.
West Virginia
Abortion access
Abortion is banned, except to save a pregnant person's life, prevent serious health risks, if the fetus is not expected to survive, or in some cases of rape or incest.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Jim Justice is also a Republican.
Family support
A new law establishes the Mothers and Babies Pregnancy Support Program and allows funding to go to so-called "crisis pregnancy centers," maternity homes and adoption agencies.
Misc. bills
Under a new law, termination of ectopic pregnancies do not need to be reported.
Overall
Bills did not pass to establish a memorial at the Capitol for unborn children, guarantee the right to life for all human beings, collect Medicaid data related to pregnancy termination, criminalize sending abortion pills through U.S. mail and stop the practice of telehealth for abortion prescriptions.
Wisconsin
Abortion access
Abortion is banned, except to save a pregnant person's life.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Tony Evers is a Democrat.
Overall
Lawmakers introduced several abortion-related measures, including a "born-alive" bill aimed at preserving the life and health of a fetus after an attempted abortion. They've also proposed measures to prohibit public employees from providing abortion services and referrals, and cover contraceptives under state Medicaid. The session ends in December. Courts, meantime, are weighing an 1849 law that outlaws all abortions except to save the mother's life.
Wyoming
Abortion access
Abortion is legal until fetal viability, about 24-26 weeks of pregnancy. A complete ban is being challenged in court and is not in effect.
Political backdrop
The House and Senate are controlled by Republicans. Gov. Mark Gordon is also a Republican.
Medication
A new law outlaws medication abortion and makes it illegal to prescribe, dispense, distribute, sell or use any drug to procure or perform an abortion. The law is blocked as it's being challenged in court.

Attacks and counterattacks

Lawmakers on both sides of the debate introduced many bills designed to counter what the opposition was doing in other states – in many cases their neighbors.

At least three legislatures in abortion-restricted states – Texas, Florida and Idaho – tried to stop their residents from crossing state lines to get the procedure. Idaho’s “abortion trafficking” bill became law, making it a crime, punishable by two to five years in prison, to obtain abortion medication for minors or help minors go out of state for an abortion without parental consent.

Abortion access states responded, with at least 11 of them introducing legislation to increase safeguards for nonresidents seeking abortions and to prohibit participation in out-of-state investigations.

Three weeks after the Idaho law was signed, the “Shield Law” took effect in neighboring Washington state to protect patients from out-of-state subpoenas and criminal investigations that seek information about abortion services. It also precludes the governor from extraditing someone on charges related to reproductive health care.

An Illinois measure, awaiting action by the governor, prevents license plate data from being sold, shared or transferred to states that deny the right to an abortion.

Nebraska legislators pose with anti-abortion advocates at a rally on the north steps of the state Capitol in support of a bill to ban abortion at about six weeks. That measure failed to advance, but lawmakers did pass a 12-week ban. (Photo by Joseph Kual Zakaria/News21)

Nebraska legislators pose with anti-abortion advocates at a rally on the north steps of the state Capitol in support of a bill to ban abortion at about six weeks. That measure failed to advance, but lawmakers did pass a 12-week ban. (Photo by Joseph Kual Zakaria/News21)

From left, Nebraska Sens. George Dungan III, John Fredrickson and Merv Riepe talk on the floor of the Legislature on April 26, 2023. Lawmakers debated a bill to ban abortion at approximately six weeks of pregnancy, but Riepe, a Republican, abstained from the vote, thus killing the bill. (Photo by Joseph Kual Zakaria/News21)

From left, Nebraska Sens. George Dungan III, John Fredrickson and Merv Riepe talk on the floor of the Legislature on April 26, 2023. Lawmakers debated a bill to ban abortion at approximately six weeks of pregnancy, but Riepe, a Republican, abstained from the vote, thus killing the bill. (Photo by Joseph Kual Zakaria/News21)

Another interstate battle broke out over so-called “crisis pregnancy centers,” nonprofit facilities that aim to dissuade people from getting an abortion. Critics of the centers, including the American College of Obstetricians and Gynecologists, say they are unlicensed in many cases, staffed by volunteers instead of medical professionals and misinterpret medical information.

At least nine states passed laws to increase public funding for the centers, while others – including Colorado, New Jersey and Illinois – pursued bills to crack down on the facilities if they provide false information to pregnant people or misuse client data.

Colorado’s new law, on hold amid court challenges, makes it a deceptive trade practice to disseminate false information related to abortion or emergency contraceptive services, with violators facing potential fines of up to $20,000.

“The bill does not aim to shut down pregnancy centers,” said the sponsor, Democratic Rep. Karen McCormick. “Faith-based counseling is absolutely wonderful for people who are seeking that. … All we’re asking is that these centers be completely transparent about what they provide and what they don’t provide.”

The law also prohibits the promotion of “medication abortion reversal,” administering medication to try to reverse the effects of the abortion pill. The American College of Obstetricians and Gynecologists notes that “claims regarding abortion ‘reversal’ treatment are not based on science and do not meet clinical standards.”

Colorado

  • Abortion landscape
    • Access: Abortion is legal at all stages of pregnancy.
    • Political backdrop: The House and Senate are controlled by Democrats. Gov. Jared Polis is also a Democrat.
  • 2023 legislative highlights
    • Anti-abortion centers: A new law makes it a deceptive trade practice for so-called “crisis pregnancy centers” to disseminate false information about services such as abortions, emergency contraception and so-called “medication abortion reversal.” Anyone who attempts “medication abortion reversal” would be subject to discipline, but state boards are reviewing this before it takes effect.
    • Parental consent: A new law allows health care providers to give minors contraceptives and information.
    • Prosecution: A new shield law protects patients and health care providers.
    • Insurance: A law requires large employer health insurance plans, with some exceptions, to cover the cost of abortions starting in 2025.

Meanwhile in neighboring Kansas, a new law, also on hold amid court challenges, requires clinics providing medication abortions to post “conspicuous” signage in boldface type telling patients their abortions can be reversed. That state also increased funding to pregnancy centers.

In yet another example of legislative one-upmanship, some states offered competing bills focused on the licensing of medical professionals involved in abortion care.

Doctors in South Carolina could have their licenses revoked for performing abortions under a new law in that state. On the flip side, a new Minnesota law forbids state boards from denying licenses to doctors who face disciplinary action or are convicted out-of-state for performing abortions.

Minnesota

  • Abortion landscape
    • Access: Abortion is legal until fetal viability, about 24-26 weeks of pregnancy, and to protect the life and health of the mother.
    • Political backdrop: The House and Senate are controlled by Democrats. Gov. Tim Walz is also a Democrat.
  • 2023 legislative highlights
    • Medical professional licensing: A new law allows physicians, nurses and pharmacists to obtain a medical license, even if they were disciplined for performing an abortion in another state, and shields them from extradition.
    • Prosecution: The same law limits the release of health records in cases related to reproductive health and restricts the enforcement of subpoenas and extradition of people charged in other states in cases related to abortion.

“It makes it kind of confusing about what states have passed what laws. Where is it safe to get a license or not get a license? And then what happens afterwards?” said Dr. Kristyn Brandi, an OB-GYN in New Jersey and fellow for the American College of Obstetricians and Gynecologists.

Brandi has seen her profession change and her colleagues forced to alter their practices due to this back-and-forth.

“A lot of these things, really all of this legislation, a lot of the impact is just a chilling effect of making sure providers are scared to provide this care,” she said. “And that’s only going to hurt patients.”

‘Culture of life’ trend

In a legislative year dominated by division, one point of unity emerged: measures promising more services and health coverage for women and children – or so-called “culture of life” bills.

Six states, all but one with tight abortion restrictions, passed laws to expand maternal and child support programs and funding for alternatives to abortion – despite past aversions to using public money on social programs.

In Mississippi, a new law requires the state to create a website and app to provide resources about adoption assistance, pregnancy supplies and prenatal and postpartum care. The state has one of the highest rates of maternal mortality in the nation and state spending on child welfare programs fell by more than half in the last decade.

“We sit here today with three or four or five thousand additional pregnant mothers that we didn’t have before last year,” the bill’s sponsor, Republican state Sen. Bart Williams, said during a February Senate session. “This gives them a resource.”

Another Mississippi law makes it easier to leave unwanted infants at safe dropoff locations in buildings such as firehouses. The state also expanded Medicaid assistance from 60 days to a year after an individual gives birth and established an income tax credit of up to $10,000 for adopting a child who lives in Mississippi and $5,000 for adopting a child outside of the state.

Mississippi

  • Abortion landscape
    • Access: Abortion is banned, except to save a pregnant person’s life or in cases of rape.
    • Political backdrop: The House and Senate are controlled by Republicans. Gov. Tate Reeves is also a Republican.
  • 2023 legislative highlights
    • Anti-abortion centers: A new law expands the aggregate amount of tax credits for donations to so-called “crisis pregnancy centers” from $3.5 million to $10 million.
    • Insurance: A new law expands postpartum Medicaid assistance up to a year.
    • Family support: A new state-run website and app will provide pregnant people with resources on adoption assistance, pregnancy supplies, and prenatal and postpartum care.

Georgia, North Dakota and Kansas approved similar laws to increase public support for mothers and children, while Texas increased funding to its “Alternatives to Abortion” program.

‘It’s an experiment’

From trying to regulate whether abortion medication can be sent via the U.S. mail to punishing prosecutors who don’t take on abortion cases, this year’s sessions produced a slew of bills that went far beyond abortion regulation itself.

“There are a lot of untested ideas. It’s an experiment,” said Elizabeth Nash, former principal policy associate at the Guttmacher Institute, an abortion rights organization that tracks legislation.

Texas, which Nash and others point to as a leader in this type of exploratory legislation, introduced an array of bills that could serve as prototypes for other states in coming years. Even before the overturn of Roe v. Wade, the state produced SB 8, the model trigger law banning abortion upon detection of a “fetal heartbeat.” Many states followed.

Anti-abortion advocates point to Texas as a leader of exploratory abortion legislation that could serve as prototypes for other states. (Photo by Joseph Kual Zakaria/News21)

Anti-abortion advocates point to Texas as a leader of exploratory abortion legislation that could serve as prototypes for other states. (Photo by Joseph Kual Zakaria/News21)

States are watching other Texas moves, including a new law that allows the removal of district and county attorneys if they refuse to prosecute certain criminal offenses or instruct law officers to not arrest people for particular offenses.

“Texans unapologetically believe in the rule of law and expect their judges and district attorneys to follow Texas law,” Lt. Gov. Dan Patrick said in a statement, noting that passage of the law – along with an unsuccessful measure targeting judges – were two of his top priorities.

“These bills send a clear message that their delinquent behavior will not be tolerated.”

Though the law doesn’t include the word “abortion,” it was drafted after five Texas DAs signed onto a pledge from prosecutors across the U.S. who vowed to use their discretion to decline to criminalize reproductive health decisions.

“We stand together in our firm belief that prosecutors have a responsibility to refrain from using limited criminal legal system resources to criminalize personal medical decisions,” the statement reads.

Georgia passed a similar law, creating a commission to remove prosecutors who engage in “willful misconduct” or who demonstrate “persistent failure” to carry out duties.

Experts note that prosecutors have long had the discretion to decide what cases they take or pass on and said such laws could have wide-ranging ramifications that go beyond abortion.

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David Toscano, a former Virginia legislator and author of “Fighting Political Gridlock: How States Shape Our Nation and Our Lives,” said these efforts are part of a larger move by legislators in more conservative areas to “inhibit prosecutors in urban, more blue or Democratic areas.”

“Politically it’s fascinating,” he said.

Added Nash: “These are the kinds of bills that could get picked up by other states, so that’s why watching Texas is important.”

Testing the waters

This year’s legislative sessions also saw dozens of so-called “messaging bills” – measures intended to steer the larger narrative around abortion and test the waters of public opinion.

One of the more common efforts centered on criminalizing not just doctors who provide abortions – but the pregnant individuals who receive one.

Bills in South Carolina, Kentucky, Georgia, Alabama and Arkansas would have made abortion subject to the same penalties as homicide. Other bills proposed in Oklahoma, Indiana and Texas would have eliminated legal provisions that previously protected people who get an abortion from criminal prosecution.

A bill introduced in the Alabama Legislature would have made abortion subject to homicide penalties.

A bill introduced in the Alabama Legislature would have made abortion subject to homicide penalties.

None of these made it out of committee. But some did make national news and live on as a fringe position in the mainstream conversation.

South Carolina, specifically, stood out because homicide penalties in the state can include the death penalty. Headlines like this one in HuffPost were all over the internet: “Death Penalty For Abortions Is On The Table In South Carolina.”

Legislators in at least 17 states also proposed so-called ‘‘born-alive’’ bills assigning personhood status to a fetus. The bills in Montana and Kansas became law. Both require medical professionals to perform life-saving care on a fetus that survives an abortion or otherwise face penalties.

Such measures seem to be trying to fill a gap that doesn’t exist.

The Born-Alive Infants Protection Act of 2002, signed into law by former President George W. Bush, establishes legal personhood status to “every infant member of the species homo sapiens who is born alive at any stage of development” and entitles them to protection under the law.

Kansas Gov. Laura Kelly vetoed her state’s measure, but it was overridden by the more conservative Legislature.

“This bill is misleading and unnecessary,” Kelly said in a statement, adding that its real intent is to “interfere in medical decisions that should remain between doctors and their patients.”

Kansas

  • Abortion landscape
    • Access: Abortion is banned after 22 weeks of pregnancy.
    • Political backdrop: The House and Senate are controlled by Republicans. Gov. Laura Kelly is a Democrat.
  • 2023 legislative highlights
    • Born alive: The state’s new “born-alive” law requires health care providers to provide the same level of care to a fetus “born alive” at any stage of development. The Legislature overrode the governor’s veto to enact the legislation.
    • Family support: The Legislature appropriated $2 million to the “Alternatives to Abortion” program, to promote childbirth and fund so-called “crisis pregnancy centers,” adoption assistance and maternity homes.
    • Overall: A new law, which is being challenged in court, requires health care offices to post signs informing patients about “medication abortion reversal,” which medical experts say is not rooted in science. The Legislature overrode the governor’s veto.

Democratic lawmakers in Republican-dominated states like Missouri and South Carolina also offered up some of these messaging proposals – which went nowhere – to reverse abortion bans or propose constitutional protections.

Meanwhile, bills requiring providers to offer or perform an ultrasound on individuals seeking abortions were introduced in the blue states of Illinois, Maine, Maryland, New York, Oregon and Hawaii. They, too, went nowhere.

Scheidler, of the Pro-Life Action League, is frustrated with the effect that “messaging bills” are having on the national abortion debate.

“Seems like every time we start to get somewhere with a productive conversation, it shifts to extremism, and we’re not able to have that conversation,” he said. “They’re using … the legislative process to make a statement or to prove the purity of their convictions.

“I think it’s ultimately kind of selfish, self-serving. It’s about bragging rights or being able to say to the most extreme people, ‘Look what I did. Look what I support.’”

“Seems like every time we start to get somewhere with a productive conversation, it shifts to extremism, and we’re not able to have that conversation. They’re using … the legislative process to make a statement or to prove the purity of their convictions.”

— Eric Scheidler

Pro-Life Action League executive director

Wait and see

Though most of this year’s legislative sessions have concluded, the political wrangling over abortion rights goes on. Court challenges, ballot initiatives and the 2024 election season will continue to shape and reshape the legal landscape around reproductive rights.

Timothy Krebs, a professor of American politics at the University of New Mexico, believes that only Congress will be able to fully settle the issue.

Democrats have vowed to work to codify abortion rights into law, but without a majority in Congress, that seems unlikely. Many Republicans, on the other hand, are pushing a national ban.

“We’ll wait and see what happens after the 2024 election and the changes that might come from the national level. That’s the only thing short of the Supreme Court reversing itself on the question,” Krebs said. “Otherwise, it’s just going to be each state’s individual decisions and preferences. And we’ve seen how that’s worked out.”

As the debate rages, the only sure thing is that state lawmakers have succeeded in forever altering access to reproductive care in America.

“It scares me as a mom to realize that my kids don’t have what I had,” said McCormick, the Colorado lawmaker. “I was in high school when Roe v. Wade happened, and it’s really concerning to me that things that we tend to take for granted are slipping away.”

News21 reporters Maddy Keyes, Elise Catrion Gregg and Joseph Kual Zakaria contributed to this report.

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Morgan Fischer
Morgan Fischer more-gan fish-er (she/her)
Hearst Foundation Fellow

Morgan Fischer is an undergraduate student at the Walter Cronkite School of Journalism and Mass Communication at Arizona State University. She is working on a double major in journalism and mass communication and political science and expects to graduate in May 2024. She has worked at The Arizona Republic as a digital production intern, a reporting intern at The Copper Courier, an education and technology reporter at the Cronkite News D.C. Bureau and a digital intern at RightThisMinute. She has also worked at The State Press in a variety of positions, including as the newsletter and politics editor.

Joshua Shimkus
Joshua Shimkus jAH-shoo-uh sHIM-kiss (he/him/his)
Hearst Foundation Fellow

Joshua Shimkus graduated in 2018 from Western Washington University with a degree in politics/philosophy/economics. Since then he has worked as a farmhand, congressional staffer, Americorps volunteer in Montana and as a Peace Corps volunteer in Tanzania.

Jordan Gerard
Jordan Gerard jor-dan jer-rard (she/her/hers)
Hearst Foundation Fellow

Jordan Gerard is a master’s student in investigative journalism at Arizona State University and expects to graduate in December 2023. She is the digital editor at Green Living Magazine. In southeast Minnesota, she was the editor of two weekly newspapers, The Caledonia Argus and Spring Grove Herald, for three years each. She is a 2015 graduate of Winona State University with a bachelor’s degree in journalism and minor in creative writing.

Cassidey Kavathas
Cassidey Kavathas kah-sih-dee ka-va-tas (she/her/hers)

Cassidey Kavathas is a senior journalism major and history minor at St. Bonaventure University graduating in 2024. She serves as the advisory editor of The Bona Venture and news director of WSBU 88.3 The Buzz. She has served as the editor-in-chief and news editor for The Bona Venture. She previously reported with The Chautauquan Daily, PolitiFact New York and The Olean Times Herald. She currently reports for TAPinto Greater Olean and is a writer for St. Bonaventure’s Office of University Advancement.

Joseph Kual Zakaria
Joseph Kual Zakaria juh-zar-ee qu-all (he/him/his)
Buffett Foundation Fellow

Joseph “Jazari” Kual Zakaria is a 2022 graduate of the University of Nebraska-Lincoln, double majoring in journalism and broadcasting media production with a minor in English. He worked for the Nebraska Examiner and Flatwater Free Press before launching The Valiant Post. He is also the founder of Kualdom Creations, a broadcasting and media production company in Lincoln, Nebraska.