These blue states are prepping to become abortion havens
If the U.S. Supreme Court decides in June, as expected, that all states can limit abortions to the earliest stages of pregnancy or ban the procedure altogether, hundreds of thousands of Americans are likely to start traveling to states where abortion remains legal. If Roe tumbles, abortion access will depend on where you live. In preparation, lawmakers in those states are considering bills that would remove hurdles such as waiting periods and parental notifications, and some are proposing to help low-income patients by paying for travel and other practical expenses that add to the true cost of abortion care.
Protecting Abortion Access
Abortion providers and rights advocates also are urging states to remove barriers both to telehealth and to medication abortion, expand Medicaid coverage of the procedure, ensure the privacy of patients, protect providers from potential lawsuits from other states and invest in training and facilities for abortion providers. They want to ensure adequate capacity for what likely will be a surge of abortion refugees in some parts of the country. Legislation also is moving through statehouses in more than a dozen other states that would make it easier for residents and people from out of state to receive an abortion.
The Patchwork of State Laws
If the Supreme Court weakens or jettisons its 1973 abortion rights ruling, 26 states are expected to ban or severely restrict the procedure, according to Guttmacher. Abortion rights are considered protected for the long term in the District of Columbia and 15 states: California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont and Washington, which enshrine the right to abortion in state law. The following developments highlight the shifting legal landscape:
- The Colorado legislature this month passed a bill that, once signed by Democratic Gov. Jared Polis, who supports the measure, would codify the right to abortion.
- New Mexico, where an old abortion ban was repealed last year, is widely expected to be the next state to enshrine abortion rights in state law.
- Backed by California Gov. Gavin Newsom, a Democrat who last year signed a bill protecting the privacy of people who receive abortions, lawmakers in the state have proposed a dozen abortion bills this session designed to address racial and economic inequities.
Impact on Marginalized Communities
Nearly three-quarters of people receiving an abortion in the United States are living in poverty, according to 2014 data from abortion advocacy and research group the Guttmacher Institute. “If lawmakers address barriers to abortion for people in need, who are most impacted by strict state abortion laws, they’ll address barriers for everyone, no matter where they come from,” said Andrea Miller, president of the National Institute for Reproductive Health. The following data highlights the demographic impact in states with strict bans:
| Region/State | Percentage of Abortion Patients who were Black (2019) |
|---|---|
| United States (National Average) | 38% |
| Mississippi | 74% |
| Georgia | 65% |
| Alabama | 62% |
“In the past three years since 2019, we’ve seen the most action to protect abortion rights and increase access that we’ve ever seen,” said Elizabeth Nash, principal policy associate at Guttmacher. What we’re seeing is blue states reacting to an onslaught of conservative state abortion bans and a solidly anti-abortion Supreme Court.