What you need to understand about the current state of abortion laws in the United States leading up to 2024.
Although many states have already implemented restrictions, abortion will continue to be a significant topic in American politics, policies, and legal system in 2024.
The state of abortion has been changing since the U.S. Supreme Court decision in June 2022 that reversed Roe v. Wade. This has led to various shifts in abortion policies and subsequent legal challenges.
There are still unresolved ballot inquiries and pending court rulings. Additionally, legislators may make adjustments to existing abortion legislation.
Here is a breakdown of what you should be aware of.
After the overruling of Roe v. Wade, seven states have held votes on issues related to abortion, and in each case, the side advocating for abortion rights has emerged as the winner.
The states of Maryland and New York, which are known for their liberal politics, have already taken steps to add measures to their state constitutions that protect reproductive health care rights. These measures will be voted on in the November 2024 elections.
Abortion is currently permitted in both states until viability is reached, which is typically around 24 weeks of gestational age.
Although these are the sole states where ballot questions are guaranteed, they may also arise in several other states.
Efforts are being made to grant constitutional protection for abortion in Minnesota, Montana, Nevada, and Virginia, where it is currently legal in most situations. Additionally, similar efforts are underway in Arizona, Florida, Nebraska, and South Dakota, where stricter regulations are currently in effect.
In Missouri, there are conflicting proposals on abortion rights, as the state currently prohibits it at any point during pregnancy. One measure aims to prevent the government from outlawing abortion during the initial 24 weeks, while another, supported by moderate Republicans, seeks to legalize it but with a shorter time frame.
In Colorado, a state where abortions are generally permitted, there is currently a movement to introduce ballot measures that aim to solidify or restrict access to abortion.
Legislators in Iowa, where a court has temporarily suspended abortion restrictions, are advocating for a change that would allow for a ban. A similar attempt may also be made in Pennsylvania, where abortion is currently legal until the point of viability.
For almost five decades, issues surrounding the legality of abortion were primarily debated in federal courts.
However, the recent decision by the U.S. Supreme Court stating that there is no federal right to abortion has led to the majority of current legal disputes over abortion being fought in state courts.
There are still several major concerns that have not been resolved:
Female residents of Idaho, Oklahoma, Tennessee, and Texas have filed lawsuits after being refused abortion procedures despite experiencing difficult pregnancy complications. In November, the Texas Supreme Court deliberated on a comparable case and recently rejected a woman’s plea for an urgent abortion, ruling that her life was not at risk and therefore she did not meet the criteria outlined in state law.
The highest court in the United States has decided to address the issue of whether the approval by the U.S. Food and Drug Administration for the abortion pill mifepristone was justified.
Courts in various states, such as Iowa, Montana, Utah, and Wyoming, are reviewing multiple legal challenges against abortion bans and limitations. In these states, the courts have prevented the measures from being enforced.
A federal judge in Idaho has halted the implementation of the state’s “abortion trafficking” ban, which is the first of its kind in the nation. This comes as the constitutionality of the law is being determined in court.
Most states start their legislative sessions in either January or February, and there are currently not many bills related to abortion that have been introduced.
However, activists on both sides expect that legislation will be introduced.
Inrgid Duran, the legislative director at National Right to Life, said other states could pursue provisions like Idaho’s to make it illegal to transport a minor for an abortion without parental consent. Enforcement in Idaho is on hold.
She also suggested that there could be additional attempts to provide financial support for organizations, also known as crisis pregnancy centers, which aim to discourage abortion. Additionally, there may be further actions taken to clarify the definition of abortion.
She stated that the pro-life movement has encountered difficulties in the past and will likely encounter more in the future. However, these challenges will not discourage us from standing up for the vulnerable and doing what is morally correct.
Certain conservative organizations are placing an emphasis on offering additional assistance to women throughout their pregnancy and after giving birth. This could involve implementing tax credits or providing grants to organizations that promote alternatives to abortion.
Missouri legislators have proposed legislation that would allow for the prosecution of women who have abortions for homicide. Many leading anti-abortion organizations do not support this method, which has been proposed in other states but has not gained significant support.