What to Know About Abortion Developments in the States, Courts as Trump Takes Office
The intensification of the new president and state legislative sessions will likely bring more changes to abortion policy across the United States, which is still stabilizing after a seismic shift in 2022 when The US Supreme Court overruled Roe v. Wade It opened the door to state bans.
Lawmakers across the country have introduced at least 400 abortion-related bills so far.
On Monday, Donald Trump was sworn in for a second term. His positions on her abortion Sometimes it was inconsistent. But regardless of where he stands on certain issues, his administration It would be the opposite With President Biden, who has favored abortion rights at every turn.
Here’s a look at the latest developments.
Three states could continue trying to roll back access to abortion pills
Most abortions in the United States are now performed using medications rather than surgeries, and many anti-abortion efforts aim to limit access to those pills. A lawsuit seeking to restrict access to mifepristone, one of two drugs commonly used together for medical abortion, gained some traction this week.
A federal judge ruled Thursday against Idaho, Kansas and Missouri Revive attempt To roll back federal approval of mifepristone, making it more difficult to obtain.
States want it to be allowed only in the first seven weeks of pregnancy, instead of the current 10, and require three in-person doctor visits, eliminating telehealth prescriptions. The states say efforts to provide access to the pill “undermine state abortion laws and frustrate state law enforcement,” according to court documents.
the supreme court She rejected similar efforts last year, saying that anti-abortion doctors and their organizations did not have the legal standing to challenge FDA approvals.
Storing abortion pills
Abortion rights advocates fear the Trump administration will begin enforcing the Comstock Act, a 19th-century law that prevents materials used in abortions from being sent through the mail, and which has not been enforced in nearly 100 years.
While Trump said he had no intention of restricting medical abortion, he also said that “things change,” leaving the possibility open.
this month, New Jersey It has become the latest Democratic-controlled state to begin stockpiling abortion pills. Other liberal-leaning countries, incl California and Massachusetts It is already stored.
An Indiana lawmaker has proposed making it a crime to ship drugs to individuals in the state. Many other states already have similar laws, which are among the priorities of anti-abortion groups.
Some blue states have laws intended to protect providers who use telehealth to prescribe pills and mail them to states with bans. One study found that the practice was responsible for about one-tenth of all abortions in the United States by June 2024.
Lawmakers are considering a new round of ballot questions
Voters in seven states Approved ballot measures Constitutional amendments on reproductive freedom are due in November, and more states may see ballot measures in the coming years.
Lawmakers in Hawaii and Virginia, where Democrats control the legislature, have proposed reproductive freedom amendments for 2026. Virginia’s resolution passed the House of Delegates last week. But it needs approval by the Senate and then approval by both chambers again next year.
Missouri It was the only state with a ban on abortion at all stages of pregnancy, which adopted an abortion rights amendment in November. A judge struck down the ban, but no clinics have opened as abortion rights advocates press courts to overturn other regulations they say make it impossible to perform the procedures. Missouri lawmakers are already pushing for action to ask voters to roll back abortion protections they have adopted.
Conservative lawmakers are proposing tougher restrictions
Lawmakers in three states that now ban abortion at all stages of pregnancy are considering further restrictions.
In Oklahoma, a Republican lawmaker is proposing a law that would allow women who have abortions to be charged with murder.
It was a similar procedure It was introduced in South Carolina In 2023 but it quickly stopped. National Right to Life Committee, Susan B. Anthony Pro-Life America, and other anti-abortion groups oppose punishing women who seek or obtain abortions.
The measure introduced in Mississippi, which is similar to laws approved in the past two years in Idaho and Tennessee, It criminalizes helping a minor to have an abortion Without parental or guardian consent. Key difference: Mississippi calls for penalties of up to life in prison.
Tennessee law, which was suspended by a judge, provides a maximum penalty of one year in prison while Idaho law provides for up to 5 years.
It is too early in legislative sessions to know what measures could advance.
Emergency care has an uncertain future
Biden administration He filed a lawsuit against Idaho on the abortion ban two years ago, arguing that under federal law it should not be implemented during life- and health-threatening emergencies.
the supreme court It ruled last year that such abortions could be offered while the case made its way through the courts.
The Trump administration is expected to abandon the lawsuit. St. Luke’s Health System, Idaho’s largest health care provider, this week sued the state over the same topic, which will have the effect of keeping litigation on the topic alive.
