How a Proposed 15-Week Federal Abortion Ban Compares With State Laws

A proposal to ban abortion nationwide after 15 weeks of pregnancy would stop short of some states’ limits on the procedure but would upend the longtime standard in most others.

Such a ban would come early in the second trimester, before common screenings for certain health conditions and several weeks before a fetus is considered viable.


Where abortion bans fall on the timeline of pregnancy





Weeks after the first day of

last menstrual period

States with full abortion bans

Ala.Ark.IdahoInd.*Ky.La.Miss.Mo.Okla.S.D.Tenn.TexasWis.

Chorionic villus sampling can find some abnormalities

First trimester screening can detect some possible abnormalities

15-week bans

Proposed federal banAriz.*Fla.

Amniocentesis can find some abnormalities

Second trimester screening can detect some possible abnormalities

A high-resolution ultrasound can detect some abnormalities

22-week bans

IowaKan.Neb.N.D.S.C.W.Va.

Fetus is considered viable

24-week bans

Mass.Nev.N.H.Pa.

States that prohibit abortion after viability

Calif.Conn.Del.HawaiiIll.MaineMd.Mich.Minn.Mont.N.Y.R.I.Va.Wash.Wyo.

States with no limits on abortion

AlaskaColo.D.C.N.J.N.M.Ore.Vt.

Fetus is considered early term

Fetus is considered full term

Weeks after the first day of

last menstrual period

States with full abortion bans

Ala.Ark.IdahoInd.*Ky.La.Miss.Mo.Okla.S.D.Tenn.TexasWis.

Chorionic villus sampling can find some abnormalities

First trimester screening can detect some possible abnormalities

15-week bans

Ariz.*Fla.Proposed federal ban

Amniocentesis can find some abnormalities

Second trimester screening can detect some possible abnormalities

A high-resolution ultrasound can detect some abnormalities

22-week bans

IowaKan.Neb.N.D.S.C.W.Va.

Fetus is considered viable

24-week bans

Mass.Nev.N.H.Pa.

States that prohibit abortion after viability

Calif.Conn.Del.HawaiiIll.MaineMd.Mich.Minn.Mont.N.Y.R.I.Va.Wash.Wyo.

States with no limits on abortion

AlaskaColo.D.C.N.J.N.M.Ore.Vt.

Fetus is considered early term

Fetus is considered full term


*Indiana’s ban on abortion is set to take effect Sept. 15, and Arizona’s 15-week ban is set to take effect Sept. 24. Data for other states shows their status as of Sept. 13.

Source: Centers for Disease Control and Prevention

After the Supreme Court’s decision to end a constitutional right to an abortion, many states have moved to bar the procedure earlier in pregnancy or to ban it outright, though several of the strictest bans remain tied up in court. Senator Lindsey Graham of South Carolina introduced legislation for a federal 15-week ban on Tuesday, though the bill is considered unlikely to pass in the current Congress.

Under the standard set by Roe v. Wade and later reaffirmed in Planned Parenthood v. Casey — both of which the Supreme Court overturned in June — abortions were protected until a fetus was viable, usually at 22 to 24 weeks gestation. About half of states still follow that standard.

The majority of abortions in the United States occur in the first trimester, but 36,000 abortions occurred after 14 weeks of gestation in 2019, according to the latest data from the Centers for Disease Control and Prevention.

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