State Legislatures Push for Stricter Abortion Laws
Republican-led states are advancing legislation this year to further restrict abortion access, even in regions with existing stringent laws.
Following the 2022 Supreme Court decision that allowed states to determine their own abortion laws, the Guttmacher Institute, which monitors reproductive rights globally, reports that 12 states have total abortion bans, while seven others enforce severe restrictions.
In West Virginia, a complete abortion ban exists except in cases of rape or incest, with adults allowed to claim exceptions up to eight weeks of pregnancy and minors up to 14 weeks. However, a proposed bill by Del. Lisa White seeks to remove these exceptions entirely, garnering support from 10 Republican cosponsors.
Emily Womeldorff, policy director for Planned Parenthood South Atlantic, remarked, “The introduction of HB 2712 is a clear indication that cruelty is not only the point of these continued attacks on abortion care, but the priority.”
A similar proposal in South Carolina’s House aims to abolish exceptions for rape and incest and eliminate judicial bypass, which permits judges to authorize abortions for minors lacking parental consent.
South Carolina enforces a six-week abortion ban but extends the period to 12 weeks for cases involving rape or incest. The feasibility of litigating such claims within these time limits remains uncertain.
Some states are moving to criminalize drugs used for abortions, like mifepristone. Medication abortions are prevalent, partly because they can be accessed via telehealth or from neighboring states under abortion bans.
States including Indiana, Missouri, Oklahoma, Tennessee, and Texas are proposing to classify abortion drugs as controlled substances, criminalizing their possession or distribution. Louisiana has already enacted a similar law.
Controlled substances can still be used medically. In Louisiana, abortion drugs can induce labor or treat miscarriages, but the reclassification imposes new restrictions, complicating emergency access.
Dr. Jennifer Avegno, New Orleans Health Department director, told NBC News, “Even if that adds a few minutes—which it will—in the setting of a life-threatening hemorrhage, minutes are really important.”
In Wyoming, a broadly-worded senate bill banning fetus destruction could unintentionally ban medical treatments affecting nervous systems or internal organs, potentially endangering chemotherapy and heart surgery.
Activists are countering these laws with ballot initiatives to safeguard abortion rights. Seven states voted in November 2024 to include abortion rights in their constitutions, but Republican challenges persist.
Despite nearly 60% of Montana voters supporting an abortion rights measure, Republican lawmakers are promoting House Bill 609 to criminalize “trafficking a fetus” across state lines for abortion, with penalties up to 40 years in prison.
In Arizona, 61% of voters backed an abortion rights initiative, but Rep. Rachel Keshel introduced a bill to allow the Republican-controlled legislature to override that vote.
In Missouri, where 51% approved an abortion rights measure, Rep. Phil Amato is advocating for an online database of individuals “at risk” of seeking an abortion, connecting pregnant mothers with adoptive parents, described by Republicans as “eHarmony for babies.”
With most state legislature elections set for 2026, polls indicate Republicans are out of step with the majority on abortion issues. A Pew Research poll from May 2024 revealed that 63% of voters believe abortion should be legal in all or most cases.
Only 36% supported restricting abortion access.
The Democratic Legislative Campaign Committee (DLCC) asserts that abortion rights will be a focal point in next year’s ballot.
DLCC President Heather Williams stated, “Republicans are pushing the boundaries of their extremism in state legislatures, launching increasing attacks on women. The GOP’s abortion legislation is downright cruel toward women seeking reproductive care who deserve compassionate leadership and affordable and accessible health care.”
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