With Justice Anthony M. Kennedy’s announcement yesterday that he’ll retire, abortion-rights supporters and opponents alike are anticipating that Roe v. Wade is in danger. The 1973 Supreme Court decision made abortion legal nationwide, superseding many state laws at the time that banned the procedure. Abortion foes have long taken aim at the Roe decision, but Kennedy repeatedly defended basic abortion access, even as he sometimes voted in favor of restrictions on abortion that more liberal lawmakers opposed. President Donald Trump, who has promised to appoint Supreme Court justices who are opposed to Roe, will nominate Kennedy’s replacement.
Should Roe v. Wade be overturned, state laws will once again determine whether American women can legally obtain an abortion. What would that look like? The non-profit Guttmacher Institute—which researches, and advocates for, contraceptive access—has collected state laws that would take effect in the absence of Roe v. Wade.
Below, we’ve made a map representing these laws. States shaded in red have laws that would restrict abortion access further than currently allowed by federal law; the darker the shade, the more such laws they have. States shaded in green have laws that would continue to protect abortion access if Roe is overturned. You can click on the states to learn more.
