Despite a strong showing of support for abortion rights on Election Day, the abortion access landscape in the United States won’t change immediately. And under President Donald Trump’s second term, it will remain heavily fragmented — and vulnerable to future restriction.
Voters in seven states – Arizona, Colorado, Maryland, Missouri, Montana, Nevada and New York – passed pro-abortion ballot initiatives at the polls this week. About a fifth of abortions in the US – an average of about 19,000 each month – occur in those states, according to data from the Society of Family Planning.
In most of those states – Colorado, Maryland, Montana, Nevada and New York – abortion is already legal, and the ballot measures maintain access by enshrining the right to abortion in the state’s constitution.
In only two states did voters approve measures to expand abortion access: in Arizona, where there is currently a 15-week gestational limit, and in Missouri where abortion is currently banned. The measures in both states allow for the right to an abortion to be enshrined in the state constitutions up to fetal viability, which doctors say is around 22 to 24 weeks of pregnancy.
Still, what these new pathways will mean in terms of practical change for women seeking an abortion remains to be seen.
Policy change takes time: However, “adding constitutional protection does not automatically repeal bans or restrictions; litigation is often necessary to overturn pre-existing state laws,” according to the Guttmacher Institute, a research and policy organization focused on sexual and reproductive health that supports abortion rights.
On Wednesday, Planned Parenthood’s two providers in Missouri filed a suit to restore abortion access in the state. Still, it will take time to ramp up resources to support broader access, experts say.
Broad restrictions remain: Even if the ballot measures in Arizona and Missouri improve access in those states, about 40% of women of reproductive age – more than 26 million women ages 15 to 44 – will still be living in states with abortion bans or restrictions.
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