GOP-led legislatures ramp up abortion restrictions

Several Republican-led state legislatures have introduced bills this year to limit abortion access, including in states that already have strict laws.

A 2022 Supreme Court decision empowered states to set their own abortion restrictions. The Guttmacher Institute, which tracks reproductive rights worldwide, says 12 states currently have total abortion bans, while seven others have onerous restrictions on the procedure.

In West Virginia, for example, there is a total abortion ban except for in cases of rape or incest. Adults can claim these exceptions up to eight weeks into pregnancy, while minors have up to 14 weeks. But a new bill from Del. Lisa White would eliminate these exceptions altogether. The bill has 10 Republican cosponsors.

“The introduction of HB 2712 is a clear indication that cruelty is not only the point of these continued attacks on abortion care, but the priority,” said Emily Womeldorff, director of policy and campaign for Planned Parenthood South Atlantic.

A similar bill in the South Carolina House of Representatives would eliminate rape and incest exceptions as well as judicial bypass, which allows judges to permit abortions for minors who don’t have parental consent.

South Carolina currently bans most abortions at six weeks gestation, but allows up to 12 weeks for rape or incest survivors. In both West Virginia and South Carolina, it is not clear how rape and incest claims can be litigated in such a short time frame.

Other states are moving to criminalize the drugs that are used to induce abortions, such as mifepristone. Medication abortions are the most prevalent form of the procedure, partially because patients living under abortion bans can sometimes access the drugs via telehealth or from neighboring states.

Bills in Indiana, Missouri, Oklahoma, Tennessee, and Texas aim to reclassify abortion drugs as controlled substances, making it a crime to possess or distribute them. A similar law is already on the books in Louisiana.

Some controlled substances can still be used in medical settings. In Louisiana, doctors can still use abortion drugs to induce labor or treat miscarriages, but the change in classification puts new restrictions on how the drug is stored, making it harder to access in emergencies.

Dr. Jennifer Avegno, director of the New Orleans Health Department, told NBC News, “Even if that adds a few minutes—which it will—in the setting of a life-threatening hemorrhage, minutes are really important.”

Similar unintended consequences are on display in Wyoming, where a state senate bill banning the destruction of a fetus is so broadly worded that it could ban any medical treatment that does damage to nervous systems or internal organs. Doctors warn this could imperil chemotherapy, heart surgery, and other standard medical treatments.

Activists have tried to halt these laws by pushing for ballot initiatives that protect abortion rights. Seven states voted in Nov. 2024 to enshrine abortion rights into their state constitutions—but that has still not stopped Republican meddling.

Nearly 60% of Montana voters supported an abortion rights initiative, but Republican lawmakers are now pushing House Bill 609, which would criminalize “trafficking a fetus” across state lines to obtain an abortion. Offenders could face up to 40 years in prison.

In Arizona, 61% of voters backed an abortion rights initiative, but Rep. Rachel Keshel introduced a bill last month that would essentially empower the Republican-controlled legislature to disregard that result.

In Missouri, where 51% of voters approved an abortion rights measure, Rep. Phil Amato is pushing for the creation of an online database of people who are “at risk” for getting an abortion. The database, which would connect pregnant mothers with potential adoptive parents, has been described by Republicans as “eHarmony for babies.”

Most states have legislature elections in 2026. Polling consistently shows that Republicans are out of step with the majority of voters on abortion-related issues. A Pew Research poll from May 2024 found that 63% of voters think abortion should be legal in all or most cases. 

Only 36% supported restricting abortion access.

The Democratic Legislative Campaign Committee (DLCC) says abortion rights will definitely be on the ballot next year.

“Republicans are pushing the boundaries of their extremism in state legislatures, launching increasing attacks on women,” said DLCC President Heather Williams. “The GOP’s abortion legislation is downright cruel toward women seeking reproductive care who deserve compassionate leadership and affordable and accessible health care.”