US Abortion Laws: What You Immediately Need To Know After The 2024 Election
It’s one of the most contentious – and, for women especially, deeply disturbing – issues in US politics. But what, exactly, are the laws around abortion in the US right now? And how might they change in the wake of a historic presidential election, with the 47th president Donald Trump set to return to the world’s most powerful office?
Here's the latest on what you need to know about the state and future of abortion, women's rights and autonomy in the US:
Why have US abortion laws changed so much recently?
There’s been outcry not just across the US but around the world in response to dramatic shifts in abortion rights in recent years. The reason the laws around it are so complex and volatile is that authority on the matter oscillates between federal (or national) and state governments.
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The other key to understanding the issue is a landmark legal case from 1973, known as Roe v. Wade. This saw the US Supreme Court rule that the Constitution protected the right to have an abortion, and that it was unconstitutional for states to restrictively regulate them. This historic win for reproductive rights officially made abortion up to ‘foetal viability’ (around 24 weeks) a fundamental right.
But in June 2022, in another historic – for all the wrong reasons – case, the Supreme Court overturned Roe v. Wade. This triggered the dramatic changes we’ve seen in the last few years, paving the way for states to once again regulate, ban and even criminalise abortion.
Which US states have banned abortion?
In the wake of the overturning of Roe v. Wade, some states put abortion bans in place, with varying degrees of restriction. The situation has been in constant flux, but just prior to the November 2024 election, abortion had been made illegal with no exceptions for rape or incest in 13 states: Alabama, Arkansas, Kentucky, Louisiana, Missouri, Oklahoma, South Dakota, Tennessee, and Texas.
There were also near-total bans in Idaho, Indiana, Mississippi and West Virginia. Arizona hit headlines for reinstating a ban on abortion that dates back to 1864 (before Arizona was even a state) in April 2024, but this was repealed in May, with a 15-week ban taking its place. In Florida, a six-week ban took effect from May 2024.
However, the situation has changed dramatically in the wake of the 2024 presidential election, as some individual states added abortion rights to the ballot – more on which below.
What impact has the election had on abortion bans?
The 2024 presidential election is the first to happen since the Supreme Court overturned Roe v. Wade. This meant some states added abortion rights to the ballot, giving voters in 10 states (including New York, Arizona, Florida and more) the chance to have their say on abortion and how it should be regulated. Offering at least a little good news in the wake of the election, pro-choice campaigners are celebrating victories in seven of these states.
Some had no abortion bans in place, and added abortion amendments to the ballot simply to codify existing rights. This included Colorado, Montana and Maryland, while in New York, voters approved an amendment that will strengthen laws around access to abortion as protection against discrimination. It states that no one can face discrimination due to ‘sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.’
In other states, the election has meant abortion bans have been repealed. Arizona voters approved a ballot measure to ‘enshrine’ abortion rights in the state constitution, which will likely spell the end of its 15-week abortion law. It’s a similar case in Missouri, where one of the strictest bans has compelled voters to approve an amendment that will guarantee abortion access up to the point of foetal viability.
In Florida, Nebraska and South Dakota, abortion rights amendments were rejected. The latter will uphold one of the country’s strictest bans with no exceptions for health, or pregnancies resulting from rape or incest.
What impact will a Trump presidency have on abortion bans?
Trump has had characteristically shifting views on abortion throughout his election campaign. He has often taken credit for the overturning of Roe v. Wade and celebrated the fact that the ruling transfers power back to voters in individual states. Trump has said he won’t sign a national abortion ban, but has not said he would veto such a ban if it were to be passed by Congress.
'At the federal level, changes in congressional control could trigger renewed debates over national abortion legislation, with potential proposals emerging to either reinforce protections or impose further restrictions,' Tautvydas Sutkus, Attorney-at-Law in New York, tells ELLE UK. 'Beyond legislation, the election results may also impact judicial appointments, which are crucial in shaping how abortion laws are interpreted and applied.'
Where is abortion still legal in the US?
As well as those states where abortion bans have been repealed, abortion has remained legal – with varying limits – in states including California, Washington and New York. In each of these, abortion is legal until the point of foetal viability, whereas in states such as Colorado and Wyoming, there is no time limit.
For context, in England, Scotland, and Wales, you can legally have an abortion up to 23 weeks and six days of pregnancy. In Ireland, where there are widespread calls for abortion reform, the limit is 12 weeks.
Why is abortion illegal in some US states?
The changes are down to the overturning of Roe v. Wade, which returned power to individual states, some of whom have made abortion illegal.
What does the constitution say about abortion and women’s rights?
The Constitution doesn’t mention the word ‘abortion’, but several of its Amendments have been interpreted to protect women’s rights to access them safely. Roe v. Wade ruled that the Constitution protects a woman’s decision to terminate her pregnancy.
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