Reproductive Rights in the US Post-Election
The recent election saw a wave of reproductive rights initiatives across the U.S., showcasing just how chaotic the state of reproductive healthcare has become in today’s political climate.
Since the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, states have been responsible for determining their own reproductive health policies. This has resulted in a patchwork of protections, restrictions, and outright bans across the nation.
Reproductive Rights Across States
In the most recent election cycle, ten states — Arizona, Nevada, Montana, Colorado, South Dakota, Nebraska, Missouri, New York, Maryland, and Florida — brought abortion rights initiatives to the ballot. Seven of the ten states voted in favor of protecting abortion.
Nevada passed a measure to protect abortion rights with a solid 63 percent of the vote. However, Nevada law mandates that any amendment be approved by voters twice, so the measure will face another test in 2026. Abortion has remained legal in Nevada despite the Dobbs decision.
Colorado and Maryland, both Democratic-leaning states, succeeded in enshrining abortion rights within their state constitutions. Colorado voters approved the measure by 61 percent, and Maryland by an impressive 74 percent. Arizona, Montana, and New York also voted to allow abortions up to the age of viability. Missouri is the first state with a ban to reverse it at the polls and enshrine reproductive freedom in the state constitution.
On the other hand, South Dakota, Nebraska, and Florida did not secure measures to protect abortion rights. Nebraska had two options on the ballot: an amendment to ban abortion after the first trimester, which passed with 55 percent, and an amendment that would create a fundamental right to abortion, which received fewer votes and is therefore unlikely to go into effect. In Florida, a pro-abortion rights measure did have majority support, but failed to meet the state’s unusual 60 percent threshold. Florida’s six-week ban, with exceptions for rape, incest, and human trafficking until fifteen weeks of pregnancy, will remain in place.
States with Near-Total Abortion Bans
Currently, 13 states have a near-total abortion ban. Among them, Arkansas has blocked an abortion measure from going to voters by rejecting the necessary signatures. Administrative and legal obstacles such as these play a role in preventing abortion rights from being decided by the public.
Additionally, in many states where abortion is severely restricted or entirely banned, citizens are unable to propose ballot initiatives. Advocates in these states will likely need to explore alternative routes, such as legal challenges and lobbying for legislative change.
The Potential Impact of a Trump Administration
Under a second Trump administration, the national landscape for reproductive health could be in danger. While former President Trump has stated that abortion should be left to the states, his administration’s policy history suggests that federal action is possible.
One major area of concern is access to abortion pills. Abortion pills have popular support, according to polls, and are one of the few accessible options in states with bans. However, Trump could appoint an FDA commissioner who might seek to reverse the agency’s approval of mailing mifepristone, an abortion medication. Additionally, his administration could invoke the Comstock Act, a 19th-century law that bans the mailing of materials used for abortion, potentially disrupting access to these medications nationwide.
Trump’s administration could also reignite the debate over fetal personhood. Anti-abortion activists have suggested that federal statutes and the 14th Amendment could be used to confer personhood on fetuses, effectively criminalizing abortion at any stage. In Alabama, fetal personhood laws have already led to IVF disruptions. Expanding this concept nationwide could transform the criminalization of abortion and restrict reproductive rights beyond state boundaries.
International Implications: The Global Gag Rule
Trump’s previous term saw the reinstatement and expansion of the global gag rule, a policy preventing U.S. global health assistance from funding organizations that provide abortion care or referrals, even with non-U.S. funds. This policy halted services for contraceptive care and other reproductive health services worldwide, impacting communities in low-resource settings. A second Trump administration is likely to revive this policy, potentially expanding it to all foreign assistance programs, including humanitarian aid. The global gag rule has been shown to limit access to contraceptives, harm reproductive health outcomes, and even increase abortion rates in some areas due to reduced access to family planning resources.
Broader Implications for Reproductive Health
Access to prenatal, delivery, and postpartum healthcare could also be affected, particularly if the Trump administration weakens or dismantles the Affordable Care Act (ACA). The ACA mandates access to essential reproductive and maternal health services, including birth control. A rollback of ACA provisions could disproportionately harm individuals in low-income and rural areas, where access to reproductive care is already limited.
Under the Biden administration, the EMTALA law was used to mandate emergency medical care regardless of state abortion law. It was invoked to protect women experiencing miscarriages and other pregnancy complications. A reversal of this policy under Trump could lead to further reductions in emergency reproductive care, endangering the lives of women and those needing urgent care.
Social Trends and the 4B Movement
In response to increasingly conservative stances among young men, some young women on platforms like TikTok have advocated for the “4B” movement. Originating in South Korea, the four B’s refer to abstaining from marriage, childbirth, dating, and sexual relationships. This movement reflects the frustration some young people feel toward traditional gender roles and restrictive reproductive policies. While niche, the 4B movement signals a growing discontent with conventional paths and conservative politics among young women.
With the fall of Roe v. Wade, the push-and-pull between state laws and federal influence continues. The current political climate suggests that reproductive health will remain a contested and evolving issue, with implications both domestically and globally. The coming years will likely see further battles in courts, state legislatures, and in public discourse.
