The Post-Election State of Abortion

Health & Gender Brief #177 | By: Geoffrey Small | November 26, 2024

Photo by Colin Lloyd on Unsplash

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Summary

As the Republican party seizes control of Congress and The Presidency, abortion advocates are preparing to fight for the future of reproductive rights in a post-election landscape. There may be a collective sense of dread when surveying the Republican Party’s power, which has spent more than 25 years coordinating with religious special interest groups to dismantle Roe V. Wade through the Supreme Court. However, hard fought state elections and recent Supreme Court decisions, related to abortion access, may offer a glimmer of hope. Abortion advocates are preparing to fight the legal challenges resulting from recent state victories enshrining abortion protections into their constitution. Also, the Supreme Court has already stepped in to reject cases related to the restriction of the abortion drug mifepristone , as well as refusing care for emergency room patients, who are Federally mandated  to an abortion procedure when the patient’s health is in danger.

Policy Analysis 

This election cycle resulted in seven out of ten states enshrining abortion protections into their constitution. Citizens in Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York all voted to put protections in place for abortions. Out of those seven states, Colorado, Maryland, Montana, Nevada and New York voted to either provide unrestricted access or enshrine protections that were provided to women during the Roe V. Wade era. Even though Arizona and Missouri are categorized as “ very restrictive” or “most restrictive” when it comes to reproductive rights, both states saw ballot measures passed allowing “legal avenues” to challenge their abortion bans. Arizona currently has a 15-week ban and Missouri has a total ban on abortion. 

Out of the 10 states that had abortion protection ballot measures, Florida, Nebraska, and South Dakota voted to keep their current restrictions in place. Florida currently has a six-week ban. Nebraska was the only state to have two initiatives on the ballot during this election cycle.

One ballot enshrined abortion protections into their constitution and another enshrined it’s current 12-week ban. The ballot to enshrine the 12-week ban passed. South Dakota also had a ballot initiative to provide a legal avenue for an abortion  procedure, which did not pass. IT currently has a total ban on abortion.

President Trump has vowed to leave reproductive rights and abortion decisions to the states. Ironically, The Supreme Court is potentially undermining his campaign promise. On June 13th, The Supreme Court struck down a challenge to the FDA allowing the abortion drug mifepristone to be mailed to a home without an in-person doctor’s visit. Also, a June 27th Supreme Court ruling blocked Idaho’s state law prohibiting emergency room patients from getting abortions in order to prevent medical harm. The Biden Administration challenged the Idaho law arguing that it violated the Emergency Medical Treatment and Labor Act, and the Supreme Court dismissed the State’s appeal. This may force the incoming Trump Administration to interfere with Federal mandates, as religiously conservative special interest groups are determined to heavily advocate for dismantling these protections, upheld by the Supreme Court, through any means necessary.

Abortion advocates are preparing to fight the potential legal challenges resulting from recent state victories and the incoming Trump Administration. Planned Parenthood and the ACLU continue to fight for the reproductive rights that a conservative majority threatens to dismantle.

Engagement Resources 

• The National Network of Abortion Funds is a collection of grassroots organizations that work to support people facing financial and logistical barriers to abortion access. They’re “determined to build a world where all reproductive options are valued, accessible, and stigma-free.”
• Reproductive Freedom for All is an organization that mobilizes members fighting for abortion and contraceptive access, paid parental leave, and protection from pregnancy discrimination. They also emphasize the intersectionality of these issues and how they connect to democracy reform, as well as LGBTQIA and civil rights.
• National Abortion Federation is a professional association of abortion providers. They help connect people to healthcare resources as well as provide unbiased information about abortions through the toll-free National Abortion Hotline. Those looking for care or guidance can call this number: 1-800-772-9100.
• https://www.plannedparenthood.org
• https://www.aclu.org

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