As a new president prepares to take office and state legislative sessions begin, changes to abortion policy are anticipated throughout the U.S. Following the pivotal decision by the U.S. Supreme Court to overturn Roe v. Wade in 2022, numerous states have introduced over 400 abortion-related bills. As President-elect Donald Trump is set to be inaugurated for a second term, his stance on abortion remains a topic of interest, contrasting with President Joe Biden’s consistent support for abortion rights.
Recent developments include three states seeking to restrict access to medication abortions, primarily targeting the drug mifepristone. These states – Idaho, Kansas, and Missouri – aim to limit the window for its use to seven weeks of pregnancy, as opposed to the current 10 weeks, and require three in-person doctor visits, thus curtailing telehealth prescriptions. Meanwhile, concerns have been raised about the possibility of enforcing the Comstock Act, an outdated law prohibiting the mailing of abortion-related materials.
Additionally, there is a growing trend among Democratic-controlled states like New Jersey, California, and Massachusetts to stockpile abortion pills in anticipation of potential restrictions. On the legislative front, lawmakers in various states are considering ballot measures to protect reproductive freedom, following successful initiatives in seven states. Hawaii and Virginia have proposed amendments to safeguard reproductive rights, with the Virginia resolution passing the House of Delegates and awaiting further approvals.
The landscape of abortion policy in the U.S. is evolving rapidly, with ongoing debates and legal battles shaping the future of reproductive rights across the nation.
Abortion rights advocates are pushing for courts to overturn various regulations that they argue are hindering the ability to provide abortion services. In Missouri, lawmakers are already taking steps to present measures to voters aimed at rolling back the abortion protections previously established. Furthermore, conservative lawmakers across the country are proposing even stricter restrictions on abortion access.
Legislators in three states that presently prohibit abortion at all stages of pregnancy are contemplating additional measures to further limit access to abortion services. For instance, in Oklahoma, a Republican lawmaker has introduced a bill that would potentially criminalize women who seek abortions, charging them with murder. A similar proposal was also brought forward in South Carolina in 2023, but it faced quick opposition. Notably, organizations such as the National Right to Life Committee and Susan B. Anthony Pro-Life America, along with other anti-abortion groups, are against penalizing women who choose to undergo abortions.
In Mississippi, a new measure has been introduced that aligns with similar laws passed in Idaho and Tennessee in the past two years. This legislation criminalizes assisting a minor in obtaining an abortion without the consent of a parent or guardian. Notably, Mississippi’s law includes penalties of up to life imprisonment, setting it apart from the laws in Tennessee (which is currently on hold by a judge) and Idaho (which provides for a maximum sentence of five years).
It remains early in the legislative sessions to determine which of these proposed measures may progress further through the lawmaking process.
The future of emergency care related to abortion is uncertain, as federal and state-level legal battles continue to unfold. Two years ago, the Biden administration filed a lawsuit against Idaho over its abortion ban, arguing that it should not be enforced in cases of life- or health-threatening emergencies under federal law. The Supreme Court ruled last year that abortions in such circumstances can be administered while legal proceedings continue. It is anticipated that the Trump administration will discontinue the lawsuit. Notably, St. Luke’s Health System, the largest healthcare provider in Idaho, recently filed a lawsuit against the state on the same subject, ensuring that the legal dispute remains active.
This article includes contributions from Associated Press writer Summer Ballentine in Jefferson City, Missouri.
