Two years have passed since the US Supreme Court overturned Roe v. Wade, ending the constitutional right to an abortion and sparking a contentious debate on reproductive rights at the state level.
As of now, 14 states have enacted total or near-total bans on abortion, including Alabama, Texas, Idaho and Tennessee. Despite this trend towards restrictive policies, the number and rate of abortions in 2023 reached their highest point in over a decade.
Nearly two-thirds of all abortions in 2023 were medication abortions, not including self-managed medication abortions outside of the healthcare setting. The US Food and Drug Administration has relaxed some restrictions for use of the abortion pill, leading to increased access to medication abortion.
Abortion policies have rapidly changed in many states since Roe was overturned. Four states - California, Michigan, Vermont and Ohio - have enshrined rights to reproductive freedom in their constitutions. More than a dozen states passed 'trigger' laws ahead of the court decision, meant to take effect almost immediately if Roe was overturned.
Patients and providers have faced challenges navigating a patchwork of sometimes hastily implemented abortion policies that include mandatory waiting periods, limits on Medicaid coverage for abortion, and vague language around medical emergency exceptions to abortion bans. In the first half of 2023, nearly 1 in 5 people who had an abortion traveled across state lines for care.
The Supreme Court recently rejected a challenge to access to the abortion pill, mifepristone, maintaining widespread access to medication abortion through mailing of the pills to patients without an in-person doctor's visit. However, in February 2023, the Alabama Supreme Court ruled that frozen embryos are considered human beings and those who destroy them can be held liable for wrongful death.
As families across the state lost access to IVF treatments due to this ruling, lawmakers scrambled to pass a law aimed at protecting IVF patients and providers from legal liability. The patchwork of abortion policies continues to evolve as advocates on both sides push for their respective agendas.