The West vs. the rest: What happens if Roe v. Wade is overturned

If the Supreme Court rules like the opinion draft leaked on Monday suggests, the 1973 Roe v. Wade decision could be overturned and push abortion policy to the states,

There are 23 with pre-Roe laws or trigger laws that would ban abortion if the Supreme Court allowed it. Most of theses states are in the South and Midwest. Just four are in the West: Arizona, Idaho, Utah and Wyoming.

Here’s what what Western governors have said about the opinion draft and what’s expected to happen in Western states if Roe v. Wade is overturned, according to data from the Guttmacher Institute, a reproductive health research and policy group that supports abortion rights:

Arizona

Arizona has a pre-Roe abortion ban that is currently unenforced. The ban allows for exceptions to protect the life of the mother.

Gov. Doug Ducey, a Republican, hasn’t yet made a public comment about the opinion draft.

California

California has a law protecting the right to an abortion prior to viability, and on Monday, Gov. Gavin Newsom, a Democrat, and Democratic state legislature leaders announced a constitutional amendment to protect abortion in the state.

“We know we can’t trust the Supreme Court to protect reproductive rights, so California will build a firewall around this right in our state constitution,” Newsom said in a statement. “Women will remain protected here.”

Colorado

Colorado law protects the right to an abortion through a pregnancy. Gov. Jared Polis, a Democrat, said in a statement that states banning abortion were intruding into “deeply personal and religious decisions. In Colorado, people could “raise a family on their own terms,” Polis wrote.

Idaho

Idaho lawmakers passed a Texas-style abortion ban in March that the Idaho Supreme Court blocked last month. Gov. Brad Little, a Republican, hasn’t yet made a public comment about the opinion draft.

Montana

Gov. Greg Gianforte, a Republican, said in a statement he joined “millions of hopeful Americans that Roe v. Wade will be put into the vault of history and that the American people and their elected representation will be empowered once again.”

Nevada

In Nevada a law protecting the right to an abortion prior to viability. Gov. Steve Sisolak, a vulnerable Democrat up for reelection this year, said he would do “everything in [his] power to protect a woman’s right to choose” in a video posted to social media.

New Mexico

New Mexico is the only Western state with no law on the books banning or protecting abortion access, but Gov. Michelle Lujan Grisham, a Democrat, tweeted that access to abortion “is access to health care — and that won’t change here.”

Oregon

Oregon law protections abortion throughout a pregnancy, and Gov. Kate Brown, a democrat, tweeted that all Americans should have access to abortion.

“We will fight to keep it that way, no matter what this Supreme Court decides,” she wrote.

Utah

Then-Gov. Gary Herbert signed a trigger ban in 2020 that allows for exceptions to protect the life of the mother, in cases of rape or incest, or instances of “uniformly diagnosable” defects or brain abnormalities.

Gov. Spencer Cox, a Republican, retweeted a tweet from @SCOTUSblog, a blog about the Supreme Court, about the leak of the opinion draft being an earthquake in the court.

Washington

Washington protects abortion prior to viability, and Gov. Jay Inslee, a Democrat, tweeted that the state “is and will remain pro-choice” and announced a rally at Seattle’s Kerry Park.

Sen. Patty Murray, D-Wash., said during a press conference at Republicans were planning a federal ban on abortion and said Democrats needed a pro-choice majority to protect abortion rights.

Wyoming

Wyoming lawmakers passed abortion bans last year that would go into effect if Roe v. Wade is overturned. Gov. Mark Gordon, a Republican, hasn’t yet made a public comment about the opinion draft.