2022 Midterm Elections: Which States Have Abortion on the Ballot?

pro choice activists supporting legal access to abortion protest during a demonstration outside the us supreme court in washington, dc, march 4, 2020, as the court hears oral arguments regarding a louisiana law about abortion access in the first major abortion case in years   the united states supreme court on wednesday will hear what may be its most significant case in decades on the controversial subject of abortion at issue is a state law in louisiana which requires doctors who perform abortions to have admitting privileges at a nearby hospital photo by saul loeb  afp photo by saul loebafp via getty images
2022 Midterms: States with Abortion on the BallotSAUL LOEB - Getty Images

The U.S. Supreme Court overturned Roe v. Wade this June, ending people's constitutional right to an abortion and risking the lives of pregnant women across the country. The decision of whether to allow or ban abortion in each state has been left to local leaders, and now, as the 2022 midterm elections approach, it has become one of the biggest issues on the ballot.

Below, see which states have abortion on their ballots, and what they are asking their voters.

Who is asking what questions?

California, Michigan and Vermont are asking questions that would modify their state constitutions to support the right to abortion, per the Associated Press.

Currently, California and Michigan allow abortions before viability, while Vermont allows them with no limit on when during the pregnancy they can be carried out.

Kentucky, meanwhile, is asking voters whether to amend their constitution to say it doesn’t protect abortion. This doesn't come as a surprise, as the state has tried to tighten restrictions to abortion for years.

Similarly, Montana is asking voters whether they would like the state to require medical care for babies who survive an attempted abortion. The state's Republican-controlled Legislature enacted a number of restrictive abortion laws last year, but they remain blocked for now.

What is the status of abortion in the states?

Ever since the SCOTUS's controversial decision, most abortions are now banned in at least 13 states: Wisconsin, West Virginia, Texas, Tennessee, South Dakota, Oklahoma, Missouri, Mississippi, Louisiana, Kentucky, Idaho, Arkansas, and Alabama.

Activist in many states continue to fight in courtrooms by suing to block restrictive laws from being enforced. So far, bans have been blocked in Wyoming, South Carolina, Ohio, Montana, Michigan, North Dakota, Iowa, and Indiana.

North Carolina, Utah, Florida, and Arizona have a gestational limit, which means they have banned abortion at 15-20 weeks. And Georgia bans it at 6 weeks—before women usually know they're pregnant.

Abortion is still legal but limited in Washington, D.C., Virginia, Pennsylvania, Rhode Island, New Hampshire, Nevada, Nebraska, Kansas, Delaware, and Colorado.

And it is entirely legal in Washington, Vermont, Oregon, New York, New Mexico, New Jersey, Minnesota, Massachusetts, Maryland, Maine, Illinois, Hawaii, Connecticut, California, and Alaska.

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