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Issues
AS OF APRIL 4, 2022
Background
Changes to the makeup of the U.S. Supreme Court in 2018 raise the possibility that Roe v. Wade could be severely undermined — or even overturned — essentially leaving the legality of abortion to individual states. A reversal of Roe could establish a legal path for states’ pre-1973 abortion bans, as well as currently unenforced post-1973 bans, to take effect.
Many state lawmakers continue to consider and enact abortion bans that fly in the face of constitutional standards and Roe’s precedent in anticipation of an eventual lawsuit on such a ban coming before a Supreme Court hostile to abortion rights.
Some bans prohibit abortion under all or nearly all circumstances, a tactic widely viewed as an attempt to provoke a legal challenge to Roe. Several of this type of ban that were passed by states have been blocked by court orders and would require further court action to be enforced.
Other bans enacted after Roe are designed to be “triggered” and take effect automatically or by swift state action if Roe is overturned. Several states even have laws declaring the state’s intent to ban abortion to whatever extent is permitted by the U.S. Constitution, making their desire to halt abortion access in the state clear. A few states have amended their constitution to declare that it does not contain any protection for abortion rights or allow public funds to be used for abortion.
Meanwhile, policymakers in some states have approved laws to protect abortion rights without relying on the Roe decision. Most of these policies prohibit the state from interfering with the right to obtain an abortion before viability or when necessary to protect the life or health of the pregnant person.
Visit our state legislation tracker for policy activity on all sexual and reproductive health topics.
Highlights
- 23 states have laws that could be used to restrict the legal status of abortion.
- 9 states retain their unenforced, pre-Roe abortion bans.
- 13 states have post-Roe laws to ban all or nearly all abortions that would be triggered if Roe were overturned.
- 9 states have unconstitutional post-Roe restrictions that are currently blocked by courts but could be brought back into effect with a court order in Roe’s absence.
- 7 states have laws that express the intent to restrict the right to legal abortion to the maximum extent permitted by the U.S. Supreme Court in the absence of Roe.
- 4 states have passed a constitutional amendment explicitly declaring that their constitution does not secure or protect the right to abortion or allow use of public funds for abortion.
- 16 states and the District of Columbia have laws that protect the right to abortion.
- 4 states and the District of Columbia have codified the right to abortion throughout pregnancy without state interference.
- 12 states explicitly permit abortion prior to viability or when necessary to protect the life or health of the pregnant person.
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GEOGRAPHY
- Northern America: United States
- Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
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Guttmacher Policy Review
*State Policy Resources: The Guttmacher Institute monitors and analyzes state policy developments—including legislative, judicial and executive actions — on a broad range of issues related to sexual and reproductive health and rights. These resources, on such issues as access to and availability of abortion, contraceptive services and sex education, are updated regularly to provide a comprehensive picture of the state policy landscape.
A bill to require a study of federal agencies to determine which federal agencies have the greatest impact on women’s participation in the workforce; A bill to require that Supplemental Nutrition Assistance Program benefits for children be calculated with reference to the cost of the low-cost food plan, as determined by the Secretary of Agriculture; A hearing included testimony from a panel of experts who are working to prevent robocall scams throughout the United States. Also from last week: "The Improving Oversight of Women Veterans’ Care Act of 2017 requires VA to practice oversight not only on its VA facilities, but also on the community care providers it contracts with in order to provide gender-specific health care to women when its facilities do not have the equipment or specialist necessary to care for these veterans. We need to do a better job tracking the quality of care provided to women veterans and conduct effective oversight to ensure they are well served no matter where they get their care. I am also excited to lend my support for Congressman Coffman’s legislation to require VA to ensure that the veterans peer counseling program includes enough peer counselors for women veterans." more »
Joan L. Cannon wrote: "Most people are uncomfortable in the presence of what they see as authority. That’s the way most patients see their doctors. Subtleties like the relative position of the authority figure who sits on a stool a little below the level of the patient’s chair help to alleviate this artificial distance, but a common understanding of human behavior based on a lot more than one person can acquire through direct experience can be the biggest help of all. Once in practice, few doctors will have time for artistic or literary excursions, so it probably would be a good idea to give them as much of that experience as possible as early as possible." more »
Bills Introduced: The importance of reducing the rate of maternal mortality and morbidity among Black women; A bill to address the use of opioids and substance use disorders with respect to pregnant women and babies; A bill to prohibit the pricing of consumer products and services that are substantially similar if such products or services are priced differently based on the gender of the individuals for whose use the products are intended or marketed or for whom the services are performed or offered; a bill to require the secretary of Veterans Affairs to provide child care assistance to veterans receiving certain training or vocational rehabilitation. more »
Jo Freeman reviews and writes: Alan Venable was one of Hope’s kids. A junior at Harvard, he joined 18 students from Brandeis University and four from other Boston area schools to go to Columbia S.C. for ten weeks. After two weeks, six of them moved to Calhoun County. When they started canvassing only 490 blacks were registered to vote in that county. They registered 114 in July, under the very restrictive registration rules typical of the Southern states, which were generally applied to blacks but not to whites. When the VRA became law on August 6, it removed the literacy test. Another 500 registered in the next two months. more »
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