The U.S. Supreme Court has overturned Roe v. Wade, the 1973 decision that had provided a constitutional right to abortion. Friday’s ruling is expected to lead to abortion bans in roughly half the states. In anticipation of the decision, several states led by Democrats have taken steps to protect abortion access. The decision also sets up the potential for legal fights between the states over whether providers and those who help women obtain abortions can be sued or prosecuted.
In anticipation of the decision, several states led by Democrats have taken steps to protect abortion access. The decision also sets up the potential for legal fights between the states over whether providers and those who help someone obtain an abortion can be sued or prosecuted.
The Democratic governors of California, Washington and Oregon on Friday vowed to protect reproductive rights and help those who travel to the West Coast seeking abortions following the Supreme Court’s decision to overturn Roe v. Wade.
Here is an overview of abortion legislation and the expected impact of the court’s decision in western and West Coast states.
OREGON
Political control: The Democrats who control the Oregon Legislature support access to abortion, as does the state’s Democratic governor.
Background: The Oregon Legislature passed a bill legalizing abortion in 1969. In 2017, Gov. Kate Brown signed into law a bill expanding health care coverage for reproductive services, including abortions, to thousands of Oregonians, regardless of income, citizenship status or gender identity. Oregon does not have any major abortion restrictions and it is legal at all stages of pregnancy.
Effect of Supreme Court ruling: The Guttmacher Institute has estimated that Oregon will experience a 234% increase in those seeking abortions arriving from out of state, especially from Idaho. In March, Oregon lawmakers approved $15 million to expand abortion availability and pay for abortions and support services such as travel and lodgings for residents and out-of-state patients.
What’s next: Brown said after the draft Supreme Court decision was leaked that access to abortion is a fundamental right and that she will fight to ensure access to abortion continues to be protected by state law in Oregon. Democratic state lawmakers recently formed the Reproductive Health and Access to Care Work Group of providers, clinics, community organizations and legislators that will make recommendations for the 2023 legislative session and beyond. Recommendations may include proposals to protect, strengthen, and expand equitable access to all forms of reproductive care.
WASHINGTON
Political control: The Democrats who control the Washington Legislature support access to abortion, as does the state’s Democratic governor.
Background: Abortion has been legal in Washington state since a 1970 statewide ballot referendum. Another ballot measure approved by voters in 1991 declared a legal right to choose physician-performed abortion prior to fetal viability and further expanded and protected access to abortion in the state if Roe v. Wade was overturned. And in 2018, the Legislature passed a measure that would require Washington insurers offering maternity care to also cover elective abortions and contraception. Earlier this year, Gov. Jay Inslee signed a measure that grants specific statutory authorization for physician assistants, advanced registered nurse practitioners and other providers acting within their scope of practice to perform abortions. Supporters say the move is designed to help meet the demand from the potential influx of out-of-state patients. That same measure also prohibits legal action by Washington state against people seeking an abortion and those who aid them.
Effect of Supreme Court ruling: The state “will use every available tool to protect and preserve Washingtonians’ fundamental right to choose, and protect the rights of anyone who wants to come here to access reproductive health care,” said Attorney General Bob Ferguson, a Democrat. Data from the Washington state Department of Health from 2020 shows that of the 16,909 abortions performed in the state that year, 852 involved nonresidents. The majority of those people came from neighboring states such as Idaho and Oregon.
What’s next: It’s impossible to predict how many more nonresident patients will potentially seek care in Washington now that Roe v. Wade has been overturned, but the increase will likely be in the thousands, said Jennifer Allen, CEO of Planned Parenthood Alliance Advocates. The state has more than 30 in-person abortion clinics, though the vast majority are in western Washington along the Interstate 5 corridor.
IDAHO
Political control: Republicans hold super-majorities in the House and Senate and oppose access to abortion, as does the state’s Republican governor.
Background: Following the U.S. Supreme Court’s 1973 Roe v. Wade ruling, Idaho passed a law generally allowing abortions in the first and second trimester up to viability at about 23 to 24 weeks. The law allows abortions after viability only to protect the mother’s life or in cases of nonviable fetuses. This year, lawmakers passed a Texas-style ban prohibiting abortions after about six weeks of pregnancy and authorizing family members to sue medical providers for performing an abortion. That law is on hold following a challenge by Planned Parenthood. The Idaho Supreme Court is scheduled to hear arguments in August.
Effect of Supreme Court ruling: It triggers a 2020 Idaho law banning all abortions except in cases of reported rape or incest, or to protect the mother’s life, to take effect in 30 days. Under the law, the person performing the abortion could face a felony prosecution punishable by up to five years in prison. In cases of rape or incest, the law requires pregnant women to file a police report and provide a copy of the report to the provider prior to an abortion. If the Idaho Supreme Court upholds the state’s Texas-style abortion ban and Roe v. Wade is tossed aside, a medical provider who performs an abortion in Idaho could face a lawsuit and criminal charges.
What’s Next: Those who are pregnant and seeking abortions will have to travel out of state; the nearest abortion providers would be in Washington, Oregon, Nevada and Colorado. Planned Parenthood is renting space in the town of Ontario on the Idaho-Oregon border and says it’s preparing for an influx of patients seeking abortions. Some Republican lawmakers in Idaho might propose new legislation in January to outlaw abortion pills and emergency contraception.
CALIFORNIA
Political control: Democrats who support access to abortion control all statewide elected offices and have large majorities in the state Legislature.
Background: California outlawed abortion in 1850, except when the life of the pregnant woman was in danger. The law changed in 1967 to include abortions in the case of rape, incest or if a woman’s mental health were in danger. In 1969, the California Supreme Court declared the state’s original abortion law to be unconstitutional but left the 1967 law in place. In 1972, California voters added a “right to privacy” to the state constitution. Since then, the state Supreme Court has interpreted that “right to privacy” as a right to access abortion, allow minors to get an abortion without their parents’ permission and use public funding for abortions in the state’s Medicaid program. California now requires private health insurance plans to cover abortions and does not allow them to charge things such as co-pays or deductibles for the procedure.
Effect of Supreme Court ruling: Abortion will remain legal in California prior to the viability of a fetus. Democratic Gov. Gavin Newsom has vowed to make California a sanctuary for people who live in other states where abortion is outlawed or severely restricted. The number of patients who travel to the state for abortions is expected to rise significantly.
What’s next: The state Legislature is considering 13 bills that would strengthen or expand access to abortion. The bills are based on a report from the Future of Abortion Council, which Newsom formed last year to study reproductive rights in California. They include proposals that would help pay for patients from other states to come to California for abortions, ban enforcement of out-of-state civil judgments on California abortion providers and volunteers, and increase the number of people who can offer abortions by authorizing some nurse practitioners to perform the procedure without the supervision of a doctor. Lawmakers also plan to put a constitutional amendment on the ballot in November that would explicitly guarantee the right to an abortion and contraceptives.
The Associated Press’ recap of laws in all 50 states and the District of Columbia.
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