They have “trigger” laws ready if Roe is overturned.

She was especially concerned about an obscure 40-year-old provision in Illinois’ criminal code, one of a number of measures in 10 states across the country, that anticipate a time when the Supreme Court reverses itself on abortion. They are often referred to as “trigger laws,” because even though each state’s provision works a bit differently, the measures are “triggered” by the reversal of Roe v. Wade. Should that occur, these states commit to making abortion illegal in all cases, except to protect a mother’s life, just as it was before the Supreme Court’s 1973 ruling. (In four states, the trigger law makes the switch back to illegal abortion automatic.)

Abortion Policy in the Absence of Roe

The current make up of the U.S. Supreme Court have led some state policymakers to consider the possibility that Roe v. Wade could be overturned and regulation of abortion returned to the states. Some state legislatures are considering banning abortion under all or virtually all circumstances; these measures are widely viewed as an attempt to provoke a legal challenge to Roe, while other states are considering abortion bans that would go into effect in the event that Roe is overturned. And a number of states still have pre-1973 abortion bans on the books—several of which, in theory, could be enforced if Roe were ever overturned. Still other states have laws declaring the state’s intent to ban abortion to the extent permitted by the U.S. Constitution.


18 states have laws that could be used to restrict the legal status of abortion.

- 4 states have laws that automatically ban abortion if Roe were to be overturned.
- 10 states retain their unenforced, pre-Roe abortion bans.
- 8 states have laws that express their intent to restrict the right to legal abortion to the maximum extent permitted by the U.S. Supreme Court in the absence of Roe.