Overview
Abortion continues to be a contentious and highly debated topic in the United States, with significant implications for politics, policy, and the courts. Despite many states already imposing restrictions, the landscape surrounding abortion has been in flux since the U.S. Supreme Court ruling in June 2022 that overturned Roe v. Wade. This ruling has led to a wave of abortion policy changes and subsequent litigation. As we look ahead to 2024, there are still looming ballot questions and court decisions, as well as the possibility of lawmakers tweaking current abortion laws.
Ballot Questions and Court Decisions
Since the overturning of Roe v. Wade, seven states have put abortion-related questions on the ballot, with the side favoring abortion rights prevailing in all instances. Maryland and New York, both East Coast blue states, have already included questions on their November 2024 ballots to amend their state constitutions and incorporate rights concerning reproductive health care. While these are the only states where ballot questions are certain, there is potential for similar questions in other states.
Efforts are underway to add constitutional rights to abortion in Minnesota, Montana, Nevada, and Virginia, where abortion is already legal in most cases. Additionally, there are pushes for ballot measures in Arizona, Florida, Nebraska, and South Dakota, states where heavier restrictions on abortion are in place. In Missouri, where abortion is currently banned throughout pregnancy, there are conflicting ballot measures—one aiming to expand abortion access during the first 24 weeks and another seeking to make it legal for fewer weeks. Colorado, another state where abortion is legal in most cases, is experiencing pushes for both enshrining and rolling back abortion rights through ballot measures. Lawmakers in Iowa and Pennsylvania are also considering amendments related to abortion restrictions in their respective states.
Ongoing Legal Battles
Traditionally, abortion legal questions were fought primarily in federal courts. However, following the U.S. Supreme Court’s determination that there is no national right to abortion, the latest generation of legal battles has mostly shifted to state courts. Some significant issues that have yet to be decided include:
– Lawsuits in Idaho, Oklahoma, Tennessee, and Texas by women who were denied abortion while facing life-threatening pregnancy complications.
– The U.S. Supreme Court’s consideration of the appropriateness of the FDA’s approval of the abortion drug mifepristone.
– State court challenges to abortion bans and restrictions in Iowa, Montana, Utah, and Wyoming, where enforcement of these measures has been blocked.
– The constitutionality of Idaho’s unique “abortion trafficking” ban, which has been put on hold pending further legal review.
Legislative Outlook
Most states’ legislative sessions begin in January or February, and while few abortion-related bills have been filed thus far, activists on both sides anticipate their emergence. Potential provisions that could be pursued include making it illegal to transport a minor for an abortion without parental consent, funding crisis pregnancy centers, and clarifying abortion definitions. Conservative groups are also prioritizing providing resources to support women during pregnancy and after birth, including through tax credits or grants for organizations that discourage abortion. It’s worth noting that some Missouri lawmakers have introduced measures that would allow homicide charges to be filed against women who have abortions, although this approach is not widely supported by major anti-abortion groups.
As the year progresses, the abortion debate will undoubtedly continue to shape the political, policy, and legal landscape in the United States. While challenges and disagreements persist, proponents on both sides remain steadfast in their advocacy for what they believe is right and just.