By: Cate Bikales
Edited by: Sarah Wachs and Jonathan Perkins
It has been almost two years since the federal right to abortion was overturned in the monumental Dobbs v. Jackson Women’s Health Organization decision. In that time, the pro-choice/pro-life debate has come to the forefront of politics. As many GOP lawmakers push for stronger abortion restrictions, Democrats are fighting to restore the federal right to abortion once guaranteed in Roe v. Wade.[1] For pro-choice lawmakers and activists, abortion has served as a winning issue. Ballot measures protecting and/or expanding abortion rights won in all six states where they appeared in 2022, including red and purple states, and elections in Ohio, Virginia and Kentucky in November proved that voters are ready and willing to turn out to maintain their right to bodily autonomy.[2] Many Republican politicians have struggled to articulate a position on abortion that would satisfy the beliefs of strictly pro-life evangelical Christians and pro-choice moderate/swing voters.[3] Abortion is set to be a critical issue of debate as this year’s presidential election draws closer.[4] Since the overturning of Roe in 2022, President Biden — who seeks re-election this year — has called on Congress to codify abortion rights and has expanded access to abortion medication and emergency abortions at hospitals through executive orders.[5] He has also attacked Republican presidential nominee Donald Trump for eroding reproductive rights.[6] Trump released a video on April 8 stating his official stance on abortion: “My view is now that we have abortion where everybody wanted it from a legal standpoint, the states will determine by vote or legislation or perhaps both, and whatever they decide must be the law of the land. In this case, the law of the state.”[7] The former president’s stance on abortion has shifted greatly over time, from being “very pro-choice” in 1999 to vowing to overturn Roe and defund Planned Parenthood in 2016.[8] There are six swing states in the 2024 election; a swing states is a state with similar levels of Republican and Democratic support and which are crucial in determining the outcome of presidential elections.[9] These states are Arizona, Georgia, Michigan, Nevada, Pennsylvania, and Wisconsin, and each one has differing laws on abortion.[10] It remains to be seen how abortion will impact this year’s presidential election, but it could be a determining factor in which candidate wins these swing states. Below is a summary of abortion laws in each swing state.
ARIZONA
On April 9, 2024, the Arizona Supreme Court issued a decision that allows the state to renforce a pre-statehood, near-total ban on abortion from 1864 against medical providers, except those necessary to save a pregnant person’s life.[11] The ban will not be enforced until June 8. [12] Until then, abortion remains legal up to 15 weeks into a pregnancy.[13] Both Democratic and Republican lawmakers have criticized the Arizona Supreme Court’s recent decision. “This ruling is a result of the extreme agenda of Republican elected officials who are committed to ripping away women’s freedom,” Biden said in a statement following the decision. “Vice President Harris and I stand with the vast majority of Americans who support a woman’s right to choose. We will continue to fight to protect reproductive rights and call on Congress to pass a law restoring the protections of Roe v. Wade for women in every state.”[14] Even Trump said that the ban goes “too far” and called on Arizona lawmakers to change it; however, he still defended the overturning of Roe v. Wade which has allowed states to ban the procedure.[15]
GEORGIA
Under current law, abortion is banned after six weeks — the earliest that a fetal heartbeat can be detected — except in cases when the pregnant person’s life is at risk or in cases of rape and incest given that a police report is filed; the Georgia Supreme Court upheld this law in an October 2023 ruling, reversing a lower court decision that struck down the law.[16] This decision has made abortion largely inaccessible in the South.[17] Following the decision, Press Secretary Karine Jean-Pierre released a statement on behalf of the Biden administration: “Today, the Georgia Supreme Court upheld a devastating abortion ban that has stripped away the reproductive freedom of millions of women in Georgia and threatened physicians with jail time for providing care… President Biden and Vice President Harris won’t stop fighting until the protections of Roe v. Wade are restored in federal law.”[18] Since stating that abortion rights should be left to the states, Trump has come under fire from Georgia conservatives, who are calling for national restrictions on abortion.[19]
MICHIGAN
In 2022, voters enshrined the right to abortion into the state constitution, eliminating abortion restrictions in the state of Michigan.[20] Michigan Gov. Gretchen Whitmer (D) has been outspoken about her thoughts on abortion, saying that “it would be good” if President Biden was more vocal on the issue of abortion rights.[21] “I think people want to know that this is a president that is fighting… To use more blunt language, maybe that would be helpful,” she said in an interview with CBS News in January.[22] She has also criticized Trump for his role in overturning Roe. “When Donald Trump says he’s proud that he overturned Roe, pay attention to what he really means: he’s proud to lead the charge to let politicians interfere in women’s private medical decisions,” she said in a social media post in April. “[President Biden] and [Vice President Harris] will stop a nationwide abortion ban and protect reproductive rights. We need to fight like hell to make sure they win in November.”[23]
NEVADA
In Nevada, abortion is legal up to the 24th week of pregnancy.[24] Lawmakers advanced a bill in 2023 that would enshrine protections for abortion in the state constitution.[25] If passed again in 2025, and voters support the measure on the 2026 ballot, these protections will be added to the state constitution.[26] President Biden’s aides have said they see abortion rights as one of the keys to winning the battleground state. “...President Biden and Democrats won [Nevada] in 2020 and again in 2022. And this year, we have the message and the infrastructure to win yet again,” a Biden campaign aide told reporters, according to ABC News. “These are states where voters overwhelmingly support a woman's right to choose and where abortion rights will likely be on the ballot [as well in November].”[27] In a visit to Las Vegas on April 15, Vice President Harris warned Nevadans that a Trump presidency may limit access to abortion and birth control in the state.[28]
PENNSYLVANIA
Abortion is legal up to the 24th week of pregnancy in Pennsylvania.[29] According to Axios, about half of Pennsylvania swing voters said that the presidential candidates’ stances on abortion will influence how they vote in the fall.[30] While the data, which comes from two online focus groups conducted by Engagious/Sago on Pennsylvanians who voted for Trump in 2016 and Biden in 2020, does not represent a statistically significant sample, it does illustrate how some voters are thinking and talking about this issue.[31] Out of the 11 participants, six said they would take Robert F. Kennedy Jr. over either of the presumptive nominees, although they wanted more clarity on his specific abortion policies.[32] Only one agreed with Trump’s opinion that abortion policy should be left to the states.[33]
WISCONSIN
In Wisconsin, abortion is legal up to the 22nd week of pregnancy.[34] Following the Dobbs decision in June 2022, providers across Wisconsin had stopped offering abortion because of a state law that was widely interpreted as banning abortions except in cases when the pregnant person’s life was at risk.[35] However, in Sept. 2023, Dane County Circuit Court Judge Diane Schlipper ruled that the 19th-century law banned feticide, rather than abortions performed with a patient's consent, allowing for abortion services to resume in the state.[36] In late April, two Wisconsinites harmed by Trump’s abortion restrictions traveled to four spots across Wisconsin to tell their stories and campaign for President Biden.[37] “What I went through was nothing short of barbaric and it did not need to happen,” said Amanda Zurawski at a round table event in Madison. Zurawski suffered from “catastrophic complications” at 18 weeks but could not get an abortion because Wisconsin’s abortion ban at the time made it illegal. “It was completely avoidable. It was preventable, but it did happen because of Donald Trump.”[38]
Notes:
Amiri, Farnoush. “In post-roe era, House Republicans begin quiet push for new restrictions on abortion access.” AP News, 25 June 2023. https://apnews.com/article/abortion-access-estrictions-house-republicans-mifepristone-0d4c0b1dedd9e7f7408ecc84899d5c16.
Cohen, Rachel. “How abortion rights advocates won every ballot measure this year.” Vox, 11 November 2022. https://www.vox.com/policy-and-politics/23451074/abortion-ballot-measure-midterms-kentucky-montana-michigan.
Ax, Joseph. “How abortion could impact the 2024 US elections.” Reuters, 14 Dec. 2023. https://www.reuters.com/world/us/how-abortion-could-impact-2024-us-elections-2023-12-14/.
R&WS Research Team. “Swing State Voters’ Support For Abortion Rights Ofers Hope to Democrats.” Redfeld & Wilton Strategies, 7 Dec. 2023. https://redfeldandwiltonstrategies.com/swing-state-voters-support-for-abortion-rights-ofers-hope-to-democrats/.
Wang, Amy and Guild, Blair. “How Biden’s abortion stance has shifted over the years.” The Washington Post, 17 April 2024. https://www.washingtonpost.com/politics/2024/04/17/biden-abortion-stances/.
Wang and Guild. “How Biden’s abortion stance has shifted over the years.”
Knowles, Hannah and LeVine, Marianne. “Trump says abortion should be left to states, does not endorse national limit.” The Washington Post, 8 April 2024. https://www.washingtonpost.com/elections/2024/04/08/trump-abortion-statement
Wang, Amy and Usero, Adriana. “How Trump’s abortion stance has shifted over the years.” The Washington Post, 8 April 2024. https://www.washingtonpost.com/politics/2024/04/08/trump-abortion-stances/.
“Swing state.” Merriam-Webster, accessed 21 April 2024. https://www.merriam-webster.com/dictionary/swing%20state.
Davis Jr., Elliott. “Biden Visits Pennsylvania. Here’s What to Know About the Swing State.” U.S. News, 18 April 2024. https://www.usnews.com/news/elections/articles/the-2024-swing-states-pennsylvania-could-sway-the-2024-election.
“Abortion in Arizona.” ACLU Arizona, 10 April 2024. https://www.acluaz.org/en/issues/abortion-arizona.
Bushard, Brian. “Arizona Will Not Enforce 1864 Abortion Law Until June.” Forbes, 19 April 2024. https://www.forbes.com/sites/brianbushard/2024/04/19/arizona-will-not-enforce-1864-abortion-law-until-june/?sh=42c51f681b1.
Haines, Julia. “Where State Abortion Laws Stand Without Roe.” U.S. News, 10 April 2024. https://www.usnews.com/news/best-states/articles/a-guide-to-abortion-laws-by-state.
“Statement from President Joe Biden on Arizona Supreme Court Decision to Uphold Abortion Ban from 1864.” White House, 9 April 2024. https://www.whitehouse.gov/briefng-room/statements-releases/2024/04/09/statement-from-president-joe-biden-on-arizona-supreme-court-decision-to-uphold-abortion-ban-from-1864/.
Barrow, Bill and Gomez Licon, Adriana. “Trump says Arizona’s abortion ban goes too far while defending the overturning of Roe v. Wade.” AP News, 10 April 2024. https://apnews.com/article/trump-abortion-arizona-law-forida-ban-7cdd6d2e3c320a89ec7a7c037824e7cd.
“SisterSong v. State of Georgia (Georgia).” Center for Reproductive Rights, 26 July 2022. https://reproductiverights.org/case/post-roe-state-abortion-ban-litigation/sistersong-v-state-georgia/#:~:text=Status%3A%20The%20Georgia%20Supreme%20Court,remaining%20claims%20in%20the%20case.
“Georgia Supreme Court Allows Six-Week Abortion Ban to Remain in Efect as Legal Challenge Continues.” ACLU, 24 Oct. 2023. https://www.aclu.org/press-releases/georgia-supreme-court-allows-six-week-abortion-ban-to-remain-in-efect-as-legal-challenge-continues.
“Statement from Press Secretary Karine Jean-Pierre on Georgia Supreme Court Decision Upholding Abortion Ban.” White House, 24 Oct. 2023. https://www.whitehouse.gov/briefng-room/statements-releases/2023/10/24/statement-from-press-secretary-karine-jean-pierre-on-georgia-supreme-court-decision-upholding-abortion-ban/.
Bluestein, Greg. “Trump’s abortion stance faces Georgia backlash on both sides of the issue.” AJC Politics, 9 July 2024. https://www.ajc.com/politics/trumps-abortion-stance-faces-georgia-backlash-on-both-sides-of-the-issue/IKTOTV6HUJDO7CMXPKOBVEIEHI/.
Haines. “Where State Abortion Laws Stand Without Roe.”
Barkof, Sophia. “Gretchen Whitmer says it "would be good" if Biden was more vocal on abortion.” CBS News, 20 Jan. 2024. https://www.cbsnews.com/news/gretchen-whitmer-wants-biden-more-vocal-on-abortion/.
Barkof. “Gretchen Whitmer says it "would be good" if Biden was more vocal on abortion.”
@gretchenwhitmer, “When Donald Trump says…,” X, 8 April 2024. https://twitter.com/gretchenwhitmer/status/1777355934831886338.
Haines. “Where State Abortion Laws Stand Without Roe.”
Haines. “Where State Abortion Laws Stand Without Roe.”
Haines. “Where State Abortion Laws Stand Without Roe.”
Cathey, Libby et al. “Biden campaign sees abortion rights, independent voters as key in Arizona and Nevada.” ABC News, 18 Mar. 2024. https://abcnews.go.com/Politics/biden-sees-abortion-independents-key-arizona-nevada/story?id=108253332.
Solis, Jenifer. “Harris warns a second Trump term would endanger abortion rights in Nevada.” Nevada Current, 15 April 2024. https://nevadacurrent.com/2024/04/15/harris-warns-a-second-trump-term-would-endanger-abortion-rights-in-nevada/.
“Abortion.” Department of Health, accessed on 21 April, 2024. https://www.health.pa.gov/topics/disease/Maternal-Health/Pages/Abortion.aspx#:~:text=Under%20Pennsylvania%20law%2C%20an%20abortion,life%20of%20the%20pregnant%20person
Scott, Eugene. “Focus groups: Swing voters aren't buying Trump's abortion stance.” Axios, 11 April 2024. https://www.axios.com/2024/04/12/abortion-trump-biden-voters-poll.
Scott. “Focus groups: Swing voters aren't buying Trump's abortion stance.”
Scott. “Focus groups: Swing voters aren't buying Trump's abortion stance.”
Scott. “Focus groups: Swing voters aren't buying Trump's abortion stance.”
“Interactive Map: US Abortion Policies and Access After Roe.” Guttmacher Institute, 8 April 2024. https://states.guttmacher.org/policies/wisconsin/abortion-policies.
Sherman, Carter. “Planned Parenthood in Wisconsin to resume abortion care after judge’s ruling.” The Guardian, 14 Sep. 2023. https://www.theguardian.com/world/2023/sep/14/wisconsin-abortion-planned-parenthood.
Lehr, Sarah. “Abortions resume in Wisconsin after 15 months of legal uncertainty.” NPR, 21 Sep. 2023. https://www.npr.org/sections/health-shots/2023/09/21/1200610927/abortions-resume-in-wisconsin-after-15-months-of-legal-uncertainty.
Spears, Baylor. “Women harmed by abortion restrictions campaign against Trump in Wisconsin.” Wisconsin Examiner, 17 April 2024.https://wisconsinexaminer.com/2024/04/17/women-harmed-by-abortion-restrict ions-campaign-against-trump-in-wisconsin/.
Spears. “Women harmed by abortion restrictions campaign against Trump in Wisconsin.”
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“Abortion in Arizona.”ACLU Arizona, 10 April 2024. https://www.acluaz.org/en/issues/abortion-arizona.
Amiri, Farnoush. “In post-roe era, House Republicans begin quiet push for new restrictions on abortion access.”AP News, 25 June 2023. https://apnews.com/article/abortion-access-estrictions-house-republicans-mifepristone-0d4c0b1dedd9e7f7408ecc84899d5c16.
Ax, Joseph. “How abortion could impact the 2024 US elections.” Reuters, 14 Dec. 2023. https://www.reuters.com/world/us/how-abortion-could-impact-2024-us-elections-2023-12-14/.
Barkoff, Sophia. “Gretchen Whitmer says it "would be good" if Biden was more vocal on abortion.” CBS News, 20 Jan. 2024. https://www.cbsnews.com/news/gretchen-whitmer-wants-biden-more-vocal-on-abortion/.
Barrow, Bill and Gomez Licon, Adriana. “Trump says Arizona’s abortion ban goes too far while defending the overturning of Roe v. Wade.” AP News, 10 April 2024. https://apnews.com/article/trump-abortion-arizona-law-florida-ban-7cdd6d2e3c320a89ec7a7c037824e7cd.
Bluestein, Greg. “Trump’s abortion stance faces Georgia backlash on both sides of the issue.” AJC Politics, 9 July 2024. https://www.ajc.com/politics/trumps-abortion-stance-faces-georgia-backlash-on-both-sides-of-the-issue/IKTOTV6HUJDO7CMXPKOBVEIEHI/.
Bushard, Brian. “Arizona Will Not Enforce 1864 Abortion Law Until June.” Forbes, 19 April 2024. https://www.forbes.com/sites/brianbushard/2024/04/19/arizona-will-not-enforce-1864-abortion-law-until-june/?sh=42c51ff681b1.
Cathey, Libby et al. “Biden campaign sees abortion rights, independent voters as key in Arizona and Nevada.”ABC News, 18 Mar. 2024. https://abcnews.go.com/Politics/biden-sees-abortion-independents-key-arizona-nevada/story?id=108253332.
Cohen, Rachel. “How abortion rights advocates won every ballot measure this year.” Vox, 11 November 2022. https://www.vox.com/policy-and-politics/23451074/abortion-ballot-measure-midterms-kentucky-montana-michigan.
Davis Jr., Elliott. “Biden Visits Pennsylvania. Here’s What to Know About the Swing State.” U.S. News, 18 April 2024. https://www.usnews.com/news/elections/articles/the-2024-swing-states-pennsylvania-could-sway-the-2024-election.
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“Interactive Map: US Abortion Policies and Access After Roe.” Guttmacher Institute, 8 April 2024. https://states.guttmacher.org/policies/wisconsin/abortion-policies.
Knowles, Hannah and LeVine, Marianne. “Trump says abortion should be left to states, does not endorse national limit.” The Washington Post, 8 April 2024. https://www.washingtonpost.com/elections/2024/04/08/trump-abortion-statement/
Lehr, Sarah. “Abortions resume in Wisconsin after 15 months of legal uncertainty.” NPR, 21 Sep. 2023. https://www.npr.org/sections/health-shots/2023/09/21/1200610927/abortions-resume-in-wisconsin-after-15-months-of-legal-uncertainty.
R&WS Research Team. “Swing State Voters’ Support For Abortion Rights Offers Hope to Democrats.” Redfield & Wilton Strategies, 7 Dec. 2023. https://redfieldandwiltonstrategies.com/swing-state-voters-support-for-abortion-rights-offers-hope-to-democrats/.
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“SisterSong v. State of Georgia (Georgia).” Center for Reproductive Rights, 26 July 2022. https://reproductiverights.org/case/post-roe-state-abortion-ban-litigation/sistersong-v-state-georgia/#:~:text=Status%3A%20The%20Georgia%20Supreme%20Court,remaining%20claims%20in%20the%20case.
Solis, Jeniffer. “Harris warns a second Trump term would endanger abortion rights in Nevada.” Nevada Current, 15 April 2024. https://nevadacurrent.com/2024/04/15/harris-warns-a-second-trump-term-would-endanger-abortion-rights-in-nevada/.
“Statement from President Joe Biden on Arizona Supreme Court Decision to Uphold Abortion Ban from 1864.” White House, 9 April 2024. https://www.whitehouse.gov/briefing-room/statements-releases/2024/04/09/statement-from-president-joe-biden-on-arizona-supreme-court-decision-to-uphold-abortion-ban-from-1864/.
“Statement from Press Secretary Karine Jean-Pierre on Georgia Supreme Court Decision Upholding Abortion Ban.” White House, 24 Oct. 2023. https://www.whitehouse.gov/briefing-room/statements-releases/2023/10/24/statement-from-press-secretary-karine-jean-pierre-on-georgia-supreme-court-decision-upholding-abortion-ban./
“Swing state.” Merriam-Webster, accessed 21 April 2024. https://www.merriam-webster.com/dictionary/swing%20state.
Wang, Amy and Guild, Blair. “How Biden’s abortion stance has shifted over the years.” The Washington Post, 17 April 2024. https://www.washingtonpost.com/politics/2024/04/17/biden-abortion-stances/.
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