The debate over abortion rights has resurfaced in the United States as the country approaches its presidential election between Democratic Vice-President Kamala Harris and her Republican challenger, Donald Trump. For over two years, the landscape of abortion access has been shifting following the Supreme Court’s decision to overturn Roe v. Wade, which had previously guaranteed a constitutional right. The ruling returned authority over laws to individual states, leading to a patchwork of regulations across the country. Some states have imposed total bans, while others protect access to abortion throughout pregnancy.
The outcome of the November election will again alter the rights map. Kamala Harris has vowed to restore federal protections for rights, while Donald Trump has indicated that he would leave the matter to the states. Meanwhile, several states are holding referendums directly addressing the issue of abortion.
In 1973, the Supreme Court’s Roe v. Wade decision established the constitutional right to abortion until fetal viability, around 24 weeks of pregnancy. This decision remained in place for nearly 50 years until it was overturned, leaving states to set their own laws. In 2023, over one million legal abortions were performed in the U.S., marking an 11% increase since 2020, according to a Guttmacher Institute study.
As of August 2024, abortion is almost completely banned in 17 states, including Texas and Florida, where most are under Republican control. Some states permit limited access, while 25 states and the District of Columbia protect rights. Despite the variance in laws, abortions after 21 weeks are rare, constituting just 1% of all procedures.
Medication abortion, using the drugs mifepristone and misoprostol, has become the most common method for ending pregnancies in the U.S., although many states with bans have prohibited its use. However, in some instances, medical professionals in states where abortion is legal have prescribed and mailed these medications to patients in restrictive states, prompting additional legal measures in opposition states to prevent this practice.
Polling shows that a majority of Americans, about two-thirds, support legal access to abortion, which could play a significant role in Vice-President Harris’s campaign for the presidency. Conversely, Donald Trump, who appointed three Supreme Court justices during his term, all of whom voted to overturn Roe v. Wade, has maintained his stance that states should determine abortion regulations. However, his association with Project 2025, a controversial proposal that some argue could lead to a de facto national abortion ban, has raised concerns.
Abortion will also be a direct ballot issue in several states, including Florida, Arizona, and Maryland, where voters will decide on access to the procedure in referendums this November. Globally, most industrialized nations permit abortion under certain circumstances, with many moving towards liberalization of laws. For example, Ireland legalized abortion in 2018, and in countries like France and the UK, abortion is allowed until later stages of pregnancy.
