Abortion rights proponents have taken legal action, challenging several states’ abortion restrictions and have seen some success in temporarily blocking bans in at least five states: Idaho, Kentucky, Louisiana, Michigan and Utah.
Here’s where some states’ abortion bans stand as courts consider legal challenges:
Arizona’s Republican Attorney General Mark Brnovich is asking a state court to lift a 1973 court injunction against an abortion ban enacted in 1901.
In a filing on July 13 with the Arizona superior court in Pima County, Brnovich pointed to the US Supreme Court’s recent ruling in Dobbs v. Jackson Women’s Health, which ended federal constitutional protections for abortion rights.
“It is beyond dispute that Dobbs represents a change in the very law that was the sole and express basis for the Second Amended Final Judgment,” Brnovich wrote, referring to the 1973 injunction.
The fight over the pre-Roe abortion ban comes after Arizona federal Judge Douglas L. Rayes blocked a “personhood” provision in an existing abortion ban in the state, forbidding the state from using it to impose penalties for abortions that would otherwise be legal under existing Arizona law.
The injunction was granted following a motion filed by the Center for Reproductive Rights and the American Civil Liberties Union of Arizona.
Abortion rights advocates had worried that the state would use the language to prosecute providers or patients. “The personhood law classifies fetuses, embryos, and fertilized eggs as ‘people’ starting at the point of conception. The vague provision placed both providers and pregnant people at risk of arbitrary prosecution,” the ACLU of Arizona said in a news release.
Florida: state appealed, ban in effect
Georgia: 6-week abortion ban in effect, lawsuit filed in state court
Abortion providers and advocates in Georgia are challenging a state law that bans abortions as early as six weeks of pregnancy, after a federal appellate court allowed the law to take effect.
In a lawsuit filed on July 26 in state court, the groups argue that HB 481 violates the Georgia Constitution’s rights to liberty, privacy and equal protection. They also argue that HB 481 is void and unenforceable because it violated federal constitutional precedent when it was enacted in 2019 and cannot be revived.
The federal district court in 2020 had blocked state officials from enforcing the law, which bans abortion when early cardiac activity is detected.
Idaho: ban temporarily blocked and another lawsuit filed
The Idaho Supreme Court is holding a hearing on August 3 to consider arguments on two abortion challenges.
Indiana: first state post-Roe to pass law banning most abortions
The Indiana House and Senate passed the GOP-sponsored bill earlier that day, and the new law takes effect on September 15.
It provides exceptions for when the life of the mother is at risk and for fatal fetal anomalies, up to 20 weeks post-fertilization. It also allows exceptions for some abortions if the pregnancy was a result of rape or incest.
Current Indiana law allows abortions up to 20 weeks after fertilization (or 22 weeks after the mother’s last menstrual period).
Kentucky: ban reinstated
Previously, the appeals court, as well as the state Supreme Court, declined to reverse a temporary restraining order issued against the two laws by the Jefferson Circuit Court.
Louisiana: ban reinstated
Louisiana’s abortion ban is again in effect after a ruling from a state appellate court allowed the law to be enforced.
Baton Rouge District Judge Donald Johnson had stopped the state’s trigger law from going into effect on July 21 while the case is considered. But on July 29, an appellate court granted the state’s appeal for the injunction to be suspended. Johnson signed the order, allowing the ban to be enforced.
Michigan: ban temporarily blocked
Mississippi: lawsuit withdrawn
After filing an appeal to try and resume services and the state Supreme Court declining to hear the appeal on an emergency basis, the Mississippi Center for Justice, on the clinic’s behalf, withdrew its lawsuit on July 19. Diane Derzis, the clinic’s owner, sold the building “in light of the dim prospects for a speedy and meaningful ruling that would allow the clinic to reopen,” Rob McDuff, one of the attorneys for Jackson, said in a statement.
Derzis previously told CNN that they were planning to move to a new clinic in Las Cruces, New Mexico.
North Dakota: ban temporarily blocked
A state court judge in North Dakota on July 27 blocked the state from enforcing its trigger abortion ban, issuing a temporary restraining order the day before the ban had been set to take effect.
Burleigh County District Judge Bruce Romanick found that state officials had not followed the procedures outlined in the law for implementing the prohibition.
Under the process laid out in the North Dakota trigger law, the prohibition can be enforced 30 days after the state attorney general certifies the judgment. North Dakota Attorney General Drew Wrigley had sought to issue the certification kicking off the 30-day clock on June 28, a few days after the US Supreme Court issued its opinion in the abortion rights case.
The temporary restraining order blocks the ban from taking effect “until the attorney general follows the provisions outline in the triggering language or until future order of the Court.”
Wrigley told CNN Thursday that he issued a new certification of the Supreme Court judgment after the temporary restraining order came down, starting the clock for the ban to go into effect on August 26.
“We are subject to the (state) court’s ruling, and I certified it within an hour” of it being issued, he told CNN.
Meetra Mehdizadeh — a staff attorney at the Center for Reproductive Rights, which brought the lawsuit on behalf of the sole clinic in the state — said in a statement after the temporary restraining order was issued that “we’re relieved that a North Dakota state court has blocked its devastating trigger ban for now.”
“If allowed to go into effect, this near-total abortion ban would close the state’s sole abortion clinic, leaving North Dakotans with no clinic within the state to turn for essential health care,” she said. “We will do everything in our power to fight this ban and keep abortion accessible in North Dakota for as long as possible.”
Ohio: emergency hold denied
The Ohio Supreme Court denied state abortion providers’ request for an emergency hold on the state’s prohibition on abortions performed after fetal cardiac activity is detected, typically around six weeks into a pregnancy. The court’s ruling means the abortion ban can continue to be enforced as the case plays out.
Oklahoma: lawsuit filed
South Carolina: judge allows ban to be enforced for now
A South Carolina judge ruled on July 26 to allow the state’s six-week abortion ban to be enforced for the time being, according to Planned Parenthood South Atlantic, which filed a lawsuit in an effort to block the so-called heartbeat law.
Circuit Court Judge Casey Manning did not grant a preliminary injunction sought by Planned Parenthood and recommended the lawsuit move onto the South Carolina Supreme Court.
Planned Parenthood South Atlantic and Greenville Women’s Clinic, as well as two individual providers, filed their lawsuit on July 13, alleging that the six-week prohibition on the procedure violates several clauses of South Carolina’s Constitution. It also targets the design of the ban’s narrow exceptions for life of the mother, rape or incest. For instance, the lawsuit alleges that the rape exception runs afoul of the state constitution’s privacy protections because the exemption requires the provider report the abortion-seeker’s information to law enforcement.
The six-week ban, passed by lawmakers in 2021, had been blocked by a federal court previously, however that hold was lifted after the US Supreme Court issued its ruling last month ending federal abortion rights protections, allowing for the ban’s revival.
Texas: pre-Roe abortion ban allowed to be civilly enforced
Utah: ban temporarily blocked
A Utah judge has continued an injunction blocking the state’s trigger law from taking effect, siding with Planned Parenthood in allowing the procedure to continue while the case plays out in the courts. Judge Andrew Stone in Salt Lake City’s 3rd District Court previously granted a two-week injunction in the case, preventing the trigger law from being enforced.
West Virginia: 19th century pre-Roe abortion ban blocked
A state court judge on July 18 indicated that she had decided to block a West Virginia abortion ban dating to the 1800s, according to news releases from both sides of the case.
The decision was announced from the bench, both sides confirmed. A copy of the order was not immediately available, a court clerk told CNN.
“Today’s decision is a sigh of relief, and means we can once again serve the people who reach out to us for abortion services,” Katie Quiñonez, executive director of Women’s Health Center of West Virginia and one of the plaintiffs in the lawsuit, said in a statement.
Quiñonez, the clinic and other individual providers had asked for the preliminary injunction in a lawsuit filed in June, alleging the legislature implicitly repealed the law with the abortion regulations the lawmakers passed recently. The lawsuit, filed in Kanawha County Circuit Court, also claimed the ban violated the state constitution.
West Virginia’s Republican Attorney General Patrick Morrisey said the court’s decision to block the law was “a dark day for West Virginia.”
On July 19, Morrisey filed a motion for a stay of injunction with the state Supreme Court of Appeals, saying: “We believe it’s critical to file for an immediate stay in light of this flawed decision and seek this emergency measure to prevent immediate loss of precious life.”
Wisconsin: lawsuit filed
Democratic state officials in Wisconsin have asked a state court to block Wisconsin’s pre-Roe abortion ban, which was allowed to take effect after the high court overturned the federal holding. The 1849 law criminalizes abortion in the state, including in cases of rape and incest.
The lawsuit asks a state court to “clarify that Wisconsin’s 19th century abortion ban with no exceptions for rape or incest has not gone back into effect,” and to deem it unenforceable.
Wyoming: ban temporarily blocked
A state court judge on July 27 issued a temporary restraining order, blocking a Wyoming abortion ban the day the prohibition was set to go into effect.
In the order, Teton County District Court Judge Melissa Owens pointed to “ambiguity” in the law about when providers can perform abortions needed in their “appropriate medical judgment.” The judge also pointed to the lack of “guidance” for when providers can perform abortions in cases of incest or sexual assault, raising questions about whether a patient’s word alone is sufficient or if a provider must wait until charges are filed. She also said that parts of the law appear to conflict with the Wyoming constitution.
The lawsuit was filed Monday by two physicians, an abortion access fund, a clinic, and two individual women of reproductive age. The challengers claim that the ban violates Wyoming’s Constitution, alleging that it tramples on its protections for due process, equality, privacy and other rights.
The law — which includes exemptions for incest, sexual assault or “serious risk of death or of substantial and irreversible physical impairment” — was a trigger law set in motion by the US Supreme Court opinion last month ending constitutional protections for abortion. Under the law, the ban could be implemented five days after certification from the governor, which happened on Friday.
“This action was not unexpected, but because of it I cannot comment on ongoing litigation,” Gov. Mark Gordon, a Republican, said in a statement to CNN after a Wednesday court hearing where the judge ruled that she was temporarily halting enforcement of the law. “The Attorney General is poised to defend the state’s position.”
Julie Burkhart — founder and president of Wellspring Health Access, the clinic challenging the law — said Wednesday that the judge’s move, while “only a temporary victory, ensures that abortion care remains legal in Wyoming for the time being.”
This story has been updated with additional developments.
CNN’s Devan Cole, Chris Boyette,Tina Burnside, Amanda Musa, Alta Spells, Melissa Alonso, Ariane de Vogue and Shawna Mizelle contributed to this report.