Judges, state lawmakers, and voters are currently making decisions that will shape the future of abortion in the U.S., following a Supreme Court ruling that overturned Roe v. Wade two years ago.
The ruling in Dobbs v. Jackson Women’s Health Organization on June 24, 2022, sparked a wave of legislative action, protests, and lawsuits, putting the issue of abortion at the forefront of political discourse across the nation.
Abortion is now prohibited at all stages of pregnancy in 14 Republican-controlled states, with limited exceptions. In three other states, abortion is restricted after approximately six weeks, before many individuals are even aware they are pregnant. Democratic-led states have taken steps to protect abortion rights, becoming safe havens for out-of-state patients seeking care.
This shift in abortion access has made it more challenging in terms of logistics and finances for many in conservative states. However, it has not resulted in an overall decrease in the number of procedures performed each month across the U.S.
Here’s an overview of the current state of abortion rights in the U.S.
Limited abortion access leads to increased out-of-state travel
Bans in Republican-led states have forced many individuals seeking abortions to travel to access care.
A study by the Guttmacher Institute revealed that out of over a million abortions provided in various settings, more than 161,000 were performed for individuals who crossed state lines to obtain them.
Over two-thirds of abortions in Kansas and New Mexico were for out-of-state residents, mainly from Texas.
Following Florida’s six-week abortion ban, individuals had to travel longer distances for care, as most Southeastern states have similar bans in place.
Low-income patients and those lacking legal status may face challenges in traveling for abortion, resulting in significant financial and personal costs.
In Alabama, the Yellowhammer Fund temporarily ceased its assistance to residents seeking abortion due to legal threats from the state.
Jenice Fountain, the fund’s executive director, shared a story of a woman who traveled from Alabama to Georgia and then Virginia for an abortion, depleting her resources and needing assistance to avoid homelessness.
Preference for medication abortion over surgical procedures
Nearly two-thirds of known abortions last year were conducted using medication rather than surgical procedures.
A significant number of individuals living in states with abortion bans receive abortion pills via telehealth and mail. Laws in certain states protect medical providers prescribing these medications from prosecution.
The prominence of medication abortions, especially following the Dobbs ruling, marks a new phase in the legal battle over abortion rights.
The U.S. Supreme Court recently upheld the FDA’s approval of mifepristone, one of the drugs used in medication abortions, rejecting a challenge from anti-abortion groups. The issue is likely to resurface in the future.
Abortion emerges as a major issue in 2024 elections
Abortion has become a central theme in the 2024 presidential election campaigns, with Democrats emphasizing the importance of protecting access to abortion.
Former President Donald Trump, the likely Republican nominee, has advocated for states to have control over abortion restrictions and previously suggested limits on contraception use.
The fate of abortion rights will be decided in several states through ballot measures. Colorado, Florida, Maryland, and South Dakota have initiatives to amend state constitutions to protect or expand abortion access. Other states are considering similar measures or facing legal challenges.
Courts, including the Supreme Court, continue to play a crucial role in shaping abortion laws, with ongoing legal battles challenging bans and restrictions across the country.
