After the 2022 Dobbs v. Jackson Women’s Health Organization, which overruled Roe v. Wade, reproductive rights in the US have undergone major changes. According to the New York Times21 states have since enacted bans or early restrictions on abortions, with 14 of these states enacting almost complete bans with no restrictions.
Some states continue to fight these restrictions in court, with lawyers challenging the latest ban, while others have worked to protect abortion protections by law. The New York Times has been keeping a close eye on how states are changing their abortion laws in the wake of Dobbs.
The recent 2024 election underscored the national divide over abortion. Voters in 10 states addressed abortion-related measures directly at the ballot box. Seven of these states chose to protect or expand abortion rights, and three approved stricter measures. This habit builds on success Abortion rights groups have identified ways to vote in 2022 and 2023.
The CBC notes that a potential second term for Donald Trump could increase restrictions on abortion access across the US, even without Republican control of Congress. “The worst situation for abortion rights advocates,” said American University law professor Lewis Grossman, is either the Republican-led Congress passing federal restrictions or a nationwide ban. However, even without legislative support, Trump could “do significant damage” to abortion access through executive orders and federal appointments.
Of particular concern is the “Project 2025” report, a document from the conservative Heritage Foundation, which outlines possible ways for the Trump administration to direct access to abortion through the executive branch.
Trump distanced himself from the document but did not issue any tough policies. A possible target, according to Sonia Suter, a law professor at George Washington University, would be medical abortion pills, which accounted for nearly two-thirds of abortions in the US last year according to the Kaiser Family Foundation.
Under Biden, the rules were relaxed to allow these drugs to be administered via telehealth and delivered by mail. The Trump administration can either restore individual requirements or try to roll back the approval of these drugs.
Trump could also invoke the 19th-century Comstock Act, which bans the posting of “obscene” material, including material linked to abortion.
Although the Biden Justice Department currently interprets the law as not applying to approved abortion pills, a dissenting administration could reinterpret the provision more broadly, potentially halting the shipment of abortion pills and even abortion supplies nationwide. Conservative legal scholar Josh Craddock says “using the laws passed by Congress” is justified, though others warn that this approach could greatly reduce access.
Trump’s judicial appointments have had a major impact on reshaping the Supreme Court and federal judges, as The New York Times he points. With more appointments, Trump could influence decisions on state laws that limit access to abortion even in states where it remains legal.
Abortion rights groups are preparing for a renewed battle, with Nancy Northup of the Center for Reproductive Rights calling the possibility of Trump’s return a “lethal threat.” Vowing to “fight them every step of the way,” Northup says advocates are ready to oppose any actions aimed at limiting abortion rights.
(with comments from The New York Times and CBC News)
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