Divide Between States' Abortion Policies and Public Opinion Is Stark

A little more than 10 months after the U.S. Supreme Court eliminated a constitutional right to abortion in the United States, many states have sharply limited or banned the procedure, even as a growing majority of Americans say they disagree with the court's ruling and disapprove of increased restrictions. A recent federal court ruling concerning mifepristone, a drug used in medication abortions — the most common type of abortion in the U.S. — could further inflame the public debate. The ruling, which has been placed on hold pending a review by a court of appeals, could remove the drug from the market, making abortions more difficult to access even in states where the procedure remains legal. In the meantime, public opinion in the U.S. has coalesced decisively in favor of fewer restrictions on the procedure, raising questions about the political impact of further limits. Public opinion on the issue is not evenly divided, however. Average voters in states with more conservative populations, including many in the Deep South and Midwest, tend to favor stricter abortion laws. Average voters in most coastal states and the Northeast are generally more politically liberal and tend to support broader access. Tighter rules In June 2022, in the case Dobbs v. Jackson Women's Health Organization, the Supreme Court overturned a nearly 50-year precedent set in the 1973 case Roe v. Wade, which determined that states could not outlaw abortion. According to data compiled by the Guttmacher Institute, an organization that does research on sexual and reproductive health, 14 states have instituted rules that amount to a practical ban on abortions within their borders, with exceptions so limited that very few pregnant women qualify for them. Because a draft of the Dobbs decision had been leaked to the public months in advance of the ruling, a number of states had already drafted laws restricting abortion that were poised to go into effect the moment the decision was released. Other states still had highly restrictive anti-abortion laws that had been invalidated by Roe v. Wade but were still on the books, and they pledged to begin enforcing them again. Nearly a year ago, Oklahoma, for example, effectively banned abortion, except if the pregnancy endangers a woman's life or is the result of rape or incest that has been reported to police. Kentucky state officials have argued that the fall of Roe allows an older state law that completely bans abortion to take effect. The upshot has been that the procedure is almost completely illegal there, with minimal exceptions. Other states have rolled out highly restrictive laws that fall short of a complete ban on abortion. In Florida, for example, Governor Ron DeSantis signed a bill last month outlawing abortion after six weeks of pregnancy, before many women realize they are pregnant. In an email to VOA, Mollie Fairbanks, a policy associate at the Guttmacher Institute, said, "Many states that have already banned abortion are doubling down on further restricting care, for example by blocking information about where to get an abortion and restricting travel out-of-state for young people who have decided they need an abortion." More protections However, Fairbanks added, "Many states are pushing back, and we saw a record 77 measures enacted at the state-level to protect abortion in 2022. These supportive policies have included initiatives to enshrine abortion rights in the state constitution, and shield laws that protect abortion providers and others from out of state investigations." After the Dobbs decision, 20 states enacted laws that expanded access or created new protections for existing access. Several states, including California, Michigan and Vermont, voted to add abortion rights protections to their constitutions. Others, including Washington, New York and Illinois, created laws shielding patients and abortion providers from prosecution in other states for abortions performed within their borders. In some conservative states, efforts to amend their constitutions to outlaw abortion were seen by voters as a step too far. Voters in Kentucky and Kansas last year defeated such measures. Public polling According to polls, the American public views the Supreme Court's ruling in the Dobbs case negatively. A recent Washington Post-ABC News poll found that 66% of Americans opposed the Supreme Court's decision, with a clear majority of 54% saying they "strongly" opposed it. Only 28% of Americans said they supported the court's decision, and just 22% said they strongly supported it. Asked whether they believe the decision to have an abortion should be dictated by law or reached privately between a woman and her doctor, 78% chose the latter, with only 18% favoring a legal determination. The lower court decision that would block access to mifepristone for medication abortions is similarly subject to broad dislike, with 66% of Americans saying they believe the drug should remain available and only 24% agreeing that it should be removed. See related video by VOA's Arash Arabasadi: Issue not likely to fade As the U.S. prepares for the 2024 election cycle, access to abortion promises to remain a major issue for a significant share of U.S. voters, said Larry Sabato, director of the University of Virginia Center for Politics. "I've been surprised at just how dramatic a change this decision by the court has produced in our politics," he told VOA. "Women and young people are outraged by the Supreme Court's overturning of Roe v. Wade. Overwhelmingly so. Two-thirds of the public now supports abortion rights, which was never true before Roe v. Wade was overturned." Sabato said that as the mifepristone case works its way through the courts and many conservative states continue to push new restrictions on abortion, the political importance of the issue is likely to remain high. "What makes this especially salient is that it's continuing," he said. "In the 50 states, as well as the Congress, almost every day there is something major happening on abortion."

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