Voters in decided on measures relating to abortion on Nov. 5, 2024, many of which sought to expand access to abortion or expressly recognize a right to abortion in the state’s constitution.
Author
- Katherine Drabiak
Professor of Health Law, Public Health Law and Medical Ethics, University of South Florida
Seven of the ballot measures passed, while three failed. in Arizona, Colorado, New York, Maryland, Missouri, Montana and Nevada were approved by voters, while measures to expand abortion access in , and went down.
Nebraskans voted on . The one that passed enshrines the current law that allows elective abortions until 12 weeks into the state constitution. The measure that failed would have extended elective abortions until fetal viability, about 24 weeks.
Abortion across the US
Since the Supreme Court decided in 2022, ending a federal right to abortion, states have moved in multiple directions. Abortion laws across the U.S. have changed a great deal in the past two years and .
Some states still allow abortion but only earlier in pregnancy. Nebraska, for example, allows .
Some states expanded or . Colorado, eight other states and Washington, D.C., allow , without any restriction on gestational age.
Other states, like , sought to restrict abortions once a is detected at around six weeks.
All of this variation can be confusing. And, as a , I know how important it is for people to understand the law so that pregnant women, or women who have had a miscarriage, are not fearful of seeking medical care.
What abortion laws regulate
The most important thing to understand, in my view, is that laws which regulate abortion apply to actions that health care providers take to intentionally terminate a pregnancy.
Despite , restrictions on abortion procedures for women who are seeking treatment for a .
Abortion laws seeking an abortion; they regulate health care providers. This is true even in states with restrictive abortion laws, such as , , and .
Regulating physician conduct is not new – nor is it unique to abortion laws. Very specific laws regulate physician conduct with severe, and even criminal penalties, for , or .
Colorado enshrines a right to abortion
In Colorado, of the vote. The initiative added language to the state constitution that expressly recognizes a “right to abortion.”
In 2022, the without limits to gestational age. The initiative adds the provision to the state constitution, which makes it a permanent law, so the Legislature cannot amend or modify it.
The initiative also struck language in the that prohibited using taxpayer funds to pay for abortions for women with Medicaid or state-sponsored insurance plans. Colorado already requires to cover the total cost of abortions.
Supporters of say that allowing taxpayer funding for abortions will stop the “discriminatory and harmful effects” of previous insurance restrictions.
About using taxpayer funds for abortion, while allow using taxpayer funds for abortions only in cases involving rape, incest or where the woman’s life is at risk.
Florida votes to maintain abortion law
In Florida, , which voters did not pass, proposed a state constitutional amendment to permanently expand . This measure would have allowed women to obtain an abortion until viability for any reason. It also would have permitted abortion after viability until birth “when necessary to protect the patient’s health.”
The ruled in 1973 that “health” not only includes a pregnant woman’s physical health, but also extends to considering her age, emotional state or psychological well-being.
Since Amendment 4 did not pass in Florida, the law remains the same.
Florida allows abortion only until six weeks gestation. However, has multiple exceptions, allowing abortions that result from crimes such as rape, incest, domestic violence or human trafficking for up to 15 weeks.
Florida also permits abortion in the first two trimesters in cases where the fetus has a fatal abnormality. Finally, Florida has exceptions that allow abortion for emergencies, or where continuing the pregnancy would pose a threat to the woman’s life or physical health.
Misconceptions about abortion laws
Several articles, including , have described cases where women who were pregnant and sought emergency medical treatment suffered complications or death.
The death of any young woman is tragic. However, in my opinion, these cases reflect a misunderstanding of what the law allows, which could and slow to treat the patient. Some cases may also involve miscommunication, or potential medical mismanagement.
Unfortunately, are common in emergency rooms, affecting per year. One in 350 people who had a missed diagnosis suffers serious disability or death.
State laws that regulate abortion do not prevent physicians from intervening to provide necessary or life-saving medical care for women.
plainly says that if there is a conflict between trying to preserve the woman’s life or the fetus’s life, the physician “must consider preserving the woman’s life and health as the priority.”
and have provided guidance to physicians to clarify what the law allows when treating their patients.
All states – even those with restrictive abortion laws like and – have exceptions that allow abortion in cases of a medical emergency, or where continuing the pregnancy would pose a risk to the woman’s life or health. In addition, the has stated that people have a constitutional right to travel to seek medical care or abortions in other states from willing providers.
Physicians who feel uncertain can reach out for assistance from or find information from their for clarification.
