Special Report

States Where Abortion Will Be Illegal

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11. Michigan
> Path to abortion ban: Pre-Roe ban
> Party control of state legislature and governorship: Divided

Although Michigan has a pre-Roe ban dating back to 1931 that prohibits nearly all abortions, the state’s Democratic governor, Gretchen Whitmer, supports abortion rights and has vetoed state budget allocations that would hamper reproductive freedom. Whitmer recently filed a lawsuit asking Michigan’s Supreme Court to determine whether the state constitution protects the right to abortion. Meanwhile, anti-abortion activists are pressuring the Court of Appeals to overturn an injunction on the 1931 law.

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12. Mississippi
> Path to abortion ban: Trigger law in existence
> Party control of state legislature and governorship: Republican

Mississippi has a pre-Roe ban, a six-week ban, and a trigger law – each of which could be enforced and used to prohibit nearly all abortions in the state. In 2018, Mississippi passed a ban on most abortions after 15 weeks (the Gestational Age Act) but it was struck down in a district court. Mississippi’s legislature tried multiple times to pass a fetal heartbeat bill before finally succeeding in 2019. 

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13. Missouri
> Path to abortion ban: Trigger law in existence
> Party control of state legislature and governorship: Republican

Missouri has had laws on the books banning abortion since 1825. Abortion only became legal in the state after the Roe v. Wade decision in 1973, and many state legislators have vehemently opposed it since then. In 2019, Missouri passed a trigger law that would ban nearly all abortions if Roe is overturned. The law only includes an exception for medical emergencies to save the life of the pregnant person.

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14. Montana
> Path to abortion ban: Likely to ban abortion
> Party control of state legislature and governorship: Republican

Although a 1999 Montana Supreme Court decision upheld the right to abortion in the state due to constitutional privacy laws, Montana is still likely to outlaw or restrict abortion. In 2021, a number of new abortion restrictions passed in the state legislature, including a 20-week ban and a restriction on medication abortions, but they were struck down in a district court just hours before they were to go into effect. 

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15. Nebraska
> Path to abortion ban: Likely to ban abortion
> Party control of state legislature and governorship: N/A

Nebraska became the first state to adopt a 20-week ban in 2010 (which has since changed to 22 weeks). In 2021, two Nebraska towns outlawed abortion by local ordinance and were praised by the state’s Republican Gov. Pete Ricketts, who called Nebraska a “pro-life state.” Although no trigger law is currently in place, it is likely that Nebraska will move to ban abortion if Roe is overturned.

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