If the U.S. Supreme Court overturns Roe v. Wade, as it is expected to do in the coming days, the U.S. Constitution will no longer be interpreted as protecting the right to abortion. As a result, states will be able to decide whether abortion is legal and under what circumstances. While some states already have extreme legislation in effect that bans nearly all abortion care, 19 states have bans on the books passed either pre- or post-Roe, many of which--while not currently in force--could come into effect if the Supreme Court overturns Roe.
This report explains the general operation of these 19 states' pre-Roe bans, trigger bans, and constitutional amendments. It then summarizes each state's trigger ban, pre-Roe statute, constitutional amendment, or combination thereof and describes the process for how each could be implemented if Roe is overturned.