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Map: 23 states would ban abortion in a post-Roe America

Abortion rights would be up to the states if the Supreme Court overturns Roe v. Wade. Two dozen states and territories would ban it immediately, and 13 have “trigger laws” waiting for the ruling.
Abortion rights advocates and anti-abortion protesters demonstrate in front of the Supreme Court
Abortion rights advocates and anti-abortion rights protesters demonstrate in front of the Supreme Court in Washington on Dec. 1.Kent Nishimura / Los Angeles Times via Getty Images file

If the Supreme Court rolls back the landmark Roe v. Wade abortion rights ruling, as reported Monday night in a leaked draft opinion, access to abortion would become a state-by-state issue, with some states protecting access and others implementing “trigger laws” that would ban the procedure the moment Roe is struck down.

The Supreme Court confirmed Tuesday that the leaked draft opinion suggesting that there are enough justices to overturn Roe v. Wade is authentic. Chief Justice John Roberts said he has ordered the marshal of the court to launch an investigation to determine who leaked the document to Politico.

An NBC News analysis of Center for Reproductive Rights data found that 23 states would institute bans, with trigger laws on the books in 13 of them. A second abortion rights advocacy group, the Guttmacher Institute, counted 26 states it considered certain or likely to ban abortion, ​​based on laws passed before and after Roe in the event it was overturned.

Some states, like Michigan and Wisconsin, have anti-abortion laws that predate Roe, while 13 states, including Arkansas, North Dakota and Ohio, have laws that would go into effect soon after Roe is overruled.

Full coverage of abortion rights and the future of Roe v. Wade

In Florida, for example, a 15-week abortion ban is set to take effect in July. And in Indiana, the Legislature has enacted dozens of restrictions and bans related to abortion over the past decade.

States like California, New York, Oregon and Washington have protected abortion rights by codifying them into state law, data from the Center for Reproductive Rights shows. Others, like Iowa, Minnesota and Montana, have recognized the right through court rulings. 

California Gov. Gavin Newsom hinted that his state might further protect abortion rights, writing on Twitter that California would propose an amendment enshrining “the right to choose” in its Constitution. 

“We can’t trust SCOTUS to protect the right to abortion, so we’ll do it ourselves,” Newsom wrote, using the abbreviation for the Supreme Court of the United States.