Republican States Seek Stricter Abortion Laws
Throughout the year, Republican-controlled state legislatures have been active in proposing bills aimed at tightening abortion restrictions, even in states that already enforce strict laws.
The 2022 Supreme Court ruling has empowered states to independently regulate abortion. According to the Guttmacher Institute, a global tracker of reproductive rights, 12 states currently enforce total abortion bans, while seven others impose severe limitations.
West Virginia exemplifies this trend with its comprehensive abortion ban, allowing exceptions solely for rape or incest cases. Adults may claim these exceptions up to eight weeks into pregnancy, whereas minors have up to 14 weeks. However, a new bill introduced by Del. Lisa White, backed by 10 Republican cosponsors, seeks to eliminate these exceptions.
Emily Womeldorff, policy and campaign director for Planned Parenthood South Atlantic, remarked, “The introduction of HB 2712 is a clear indication that cruelty is not only the point of these continued attacks on abortion care, but the priority.”
A parallel bill in South Carolina’s House of Representatives proposes removing exceptions for rape and incest as well as judicial bypass, a mechanism allowing judges to authorize abortions for minors without parental consent.
Currently, South Carolina bans most abortions after six weeks of gestation but permits them up to 12 weeks for rape or incest survivors. The feasibility of timely litigating rape and incest claims in West Virginia and South Carolina remains uncertain.
Other states have moved to criminalize medications used for inducing abortions, such as mifepristone. Medication abortions are the most common method, partly because patients in states with abortion bans can sometimes obtain these drugs via telehealth or from neighboring states.
Legislation in Indiana, Missouri, Oklahoma, Tennessee, and Texas aims to classify abortion drugs as controlled substances, criminalizing their possession or distribution. A similar statute is already in effect in Louisiana.
In Louisiana, certain controlled substances can still be used medically. While doctors can use abortion drugs for labor induction or miscarriage treatment, reclassification imposes stricter storage regulations, complicating emergency access.
Dr. Jennifer Avegno, director of the New Orleans Health Department, told NBC News, “Even if that adds a few minutes—which it will—in the setting of a life-threatening hemorrhage, minutes are really important.”
In Wyoming, a broadly worded state senate bill banning fetal destruction could unintentionally ban medical procedures affecting nervous systems or internal organs, potentially endangering chemotherapy, heart surgery, and other standard medical treatments.
Activists have attempted to counter these legislative efforts by advocating for ballot initiatives safeguarding abortion rights. In November 2024, seven states voted to enshrine abortion rights in their constitutions, yet Republican opposition persists.
Despite nearly 60% of Montana voters supporting an abortion rights initiative, Republican lawmakers are pushing House Bill 609, criminalizing “trafficking a fetus” across state lines for abortion, with offenders facing up to 40 years in prison.
In Arizona, despite 61% voter support for an abortion rights initiative, Rep. Rachel Keshel introduced a bill that could allow the Republican-controlled legislature to disregard the public’s decision.
In Missouri, where 51% supported an abortion rights measure, Rep. Phil Amato is advocating for an online database to connect pregnant individuals with potential adoptive parents, likened by Republicans to “eHarmony for babies.”
With legislative elections approaching in 2026, polls indicate a disconnect between Republican stances and public opinion on abortion. A Pew Research survey from May 2024 found 63% of voters support legal abortion in most or all cases, while only 36% favor restrictions.
The Democratic Legislative Campaign Committee (DLCC) anticipates abortion rights will be a pivotal issue in upcoming ballots.
DLCC President Heather Williams stated, “Republicans are pushing the boundaries of their extremism in state legislatures, launching increasing attacks on women. The GOP’s abortion legislation is downright cruel toward women seeking reproductive care who deserve compassionate leadership and affordable and accessible health care.”
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