Navigating the Post-Roe v. Wade Landscape: Global Strategies and Domestic Activism to Restore Abortion Access in the U.S.

In the wake of the significant shift in the US abortion landscape following the overturning of Roe v. Wade, advocates for abortion rights are grappling with new challenges. But in these trying times, lessons can be gleaned from global strategies to restore and protect access to abortion. An insightful analysis by Terry M. McGovern and colleagues offers a historical perspective on these setbacks and highlights potential pathways forward.

Lessons from Abroad

Activism, strategic litigation, and framing abortion as a public health issue have been key strategies employed in other countries to restore and protect access to abortion. Countries like Ireland and Colombia serve as case studies where successful campaigns and legal actions led to the legalization of abortion. Additionally, the authors emphasize the importance of broad activist and legal coalitions working for universal access to healthcare in the U.S. which can serve as a powerful force for change.

Supreme Court Challenges and State Battles

The Supreme Court is set to hear a challenge from Idaho on federal regulations that mandate Medicare-funded hospitals to provide abortions when necessary to stabilize a patient during a medical emergency. Idaho's stricter rule allows abortions only to prevent a woman's death. This case, expected to be heard in April with a decision likely before July, could have wide-reaching implications for abortion rights across the country.

Meanwhile, state-level battles are also heating up. In Florida, a petition initiative has reached the necessary number of verified signatures to qualify for the 2024 ballot. The proposed amendment aims to maintain the legality of abortions in Florida until the fetus is viable, a term that has sparked legal battles between abortion rights proponents and opponents. Florida Gov. Ron DeSantis has signed a law banning abortion after 15 weeks and supports a federal abortion ban after 15 weeks. Changes in abortion access in Florida could significantly impact neighboring states.

The Rise of Medication Abortions

As the uncertainty around the US abortion landscape continues, there has been a notable surge in requests for medication abortion pills. Following the leak of the US Supreme Court's Dobbs decision that overturned Roe v. Wade, Aid Access received over 48,000 orders for advance provision of medication abortion. Medication abortion is becoming increasingly common in the US, with more than half of all abortions being medication abortions. Many Democratic-led states are stockpiling these pills in anticipation of potential restrictions on mifepristone.

The Role of State Courts

In light of the overturning of Roe v. Wade, Americans are beginning to understand the crucial role that state courts play in protecting access to abortion. State Supreme Court races are highlighted as pivotal in maintaining access to abortion, as they can serve as a firewall for democracy. Despite the reinstatement of Idaho's near-total abortion ban, Florida Abortion Rights Defenders surpassed the target for a ballot measure to limit government interference with abortion care, demonstrating that the fight for reproductive rights is far from over.