Abortion Fight Continues in the States

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Jan 24, 2025 View in browser   By Dana Nickel Illustration by Claudine Hellmuth/POLITICO (source images iStock) Happy Friday Rulers! I’ve been recovering from an upper respiratory infection for the last week. Did I miss anything important? I’m kidding, even sick, I don’t think I can fully unplug from everything going on.  This week, I examined legislation across the country and lawmakers' efforts to further restrict, or protect, abortion access in the states. Let’s get into it:  It’s been almost three years since the Supreme Court overturned Roe v. Wade, and the trend to consider legislation restricting and protecting abortion access continues in statehouses across the country. President Donald Trump promised to veto a federal abortion ban and even criticized certain state bans while on the campaign trail last year. And — aside from the removal of the government website that provided resources on reproductive rights — the president has been quiet on abortion federal policy in his first week back in office. In this legislative session, which began in the middle of this month for most states, legislatures that have already passed laws enshrining abortion rights protections have introduced bills to further shield patients and doctors. Meanwhile, states with strict bans have begun floating abortion pill restrictions, fetal personhood bills and other restrictions. Abortion pill access  This month, New Jersey Gov. Phil Murphy (D) announced that the state will build up a supply of medications used in abortions. New Jersey joins other blue states, including Massachusetts and California, in stockpiling mifepristone in anticipation of Trump’s new administration. But in conservative states like Texas, Republican lawmakers plan to crack down on abortion drugs. Kimya Forouzan, principal state policy associate for the Guttmacher Institute, tells Women Rule the law is a dangerous one. “That type of legislation is obviously a pretty big concern to us,” Forouzan says. “That type of legislation also just really has a major chilling effect on making people scared to seek out care when they may need it.” In Texas, Republican state Rep. Pat Curry introduced H.B. 1339 late last year, which could classify mifepristone and misoprostol as controlled substances — a category usually reserved for drugs that have potential for abuse or cause addiction, such as opioids. Curry’s legislation is similar to a Louisiana law enacted in 2024. Health care providers have filed lawsuits in Louisiana over the law, arguing the measures could delay lifesaving care for women. “We have seen reports come out of [Louisiana] where health care providers who provide care in emergency situations have actually had to … run drills to see how quickly they can get the medication in a time of an emergency,” Forouzan adds. Indiana lawmakers have proposed similar legislation to Texas and Louisiana. Catie Kelley, policy counsel for anti-abortion law firm and advocacy group Americans United for Life, tells Women Rule in an emailed statement that the group is looking closely at states working to address medication abortions. “States like Texas, Oklahoma and Tennessee are taking steps to ensure women are fully informed of the risks associated with these procedures,” Kelley says. In Oklahoma, where performing an abortion could result in a two-to-five prison sentence, a bill was introduced that would make abortion a felony crime for health care providers. Under H.B. 1008, performing an abortion would be punishable by up to 10 years in prison, fines up to $100,000, or both. While all types of abortion are illegal in Oklahoma, abortion pills are available by mail from providers outside of the state. A bill by Republican state Sen. Dusty Deevers would change that. S.B. 456 would close the “self-managed abortion loophole,” in Oklahoma, according to a statement from the senator. “While clinics may be prohibited from performing abortions, pro-life laws currently being enforced allow mothers to order abortion pills online and administer them herself,” Deevers says in a statement. Maternal health legislation While some states are focused on abortion protections or restrictions, others have turned their attention to maternal health care. In Virginia, bipartisan lawmakers are considering maternal health care bills that would include remote monitoring services for high-risk patients in rural areas. In Kentucky, a state with a complete ban on abortion with limited exceptions, lawmakers are making a bipartisan push to establish insurance coverage periods for women up to two years postpartum and recruiting more people of color to health care positions. Lawmakers in the Michigan state Senate advanced a package of eight bills referred to as the “Momnibus” with bipartisan support, aimed at decreasing racial disparity in maternal health care and improving maternal health outcomes. (Abortion is legal in Michigan.) Forouzan also tells Women Rule that the Guttmacher Institute is tracking Michigan’s proposal to protect reproductive health care data. Ballot measures Voters in seven states passed constitutional amendments to protect abortion access in November. The measures failed in three states — Nebraska, Florida and South Dakota. Reproductive freedom amendments have been proposed for 2026 in two states where Democrats control the legislature: Virginia and Hawaii. In Virginia, the resolution passed the House of Delegates earlier this month, but it still needs approval from the state Senate. Both chambers will also need to approve the resolution again next year. In Idaho — a state with one of the nation’s most strict abortion bans — a coalition filed four ballot initiatives to restore abortion access last spring. The initiative could appear on voters’ ballots in November 2026. Missouri Republican lawmakers are already proposing amendments for voters to roll back abortion protections. The state has been in a legal limbo since November when residents voted to adopt an abortion-rights amendment. Missouri was the only state with a ban on abortion at all stages where voters approved protections. Kelley of Americans United for Life argues the ballot measures are “harmful” and could “eliminate key health and safety protections for women and strip parental involvement in life-altering decisions for minors.”   Power shifts, razor-thin margins, and a high-stakes agenda. We’ve transformed our coverage—more reporters, more timely insights, and unmatched policy scoops. From leadership offices to committee rooms, caucus meetings, and beyond, our expert reporting keeps you ahead of the decisions that matter. Subscribe to our Inside Congress newsletter today.     POLITICO Special Report Evan Vucci/AP Trump Administration Sidelines Staffers From Disbanded DEIA Offices by Nick Niedzwiadek for POLITICO: “The move is downstream from an executive order that President Donald Trump signed Monday rescinding certain Biden-era diversity policies and eliminating all DEIA offices within agencies. The memo also directs agencies to ensure that any public-facing media from these various offices is taken down, a process that has already begun.” Senate Learns of New Allegations Against Hegseth by Connor O’Brien and Jack Detsch for POLITICO: “Pete Hegseth’s former sister-in-law, in an affidavit given to senators on Tuesday, alleged that the Pentagon chief pick caused his second wife to fear for her safety. Danielle Hegseth, who was married to the former Fox News host’s brother for eight years, said that Pete Hegseth’s second wife, Samantha Hegseth, once hid herself in a closet because she was scared of her husband’s actions. The affidavit, which was sent in response to a request by Sen. Jack Reed, the top Democrat on the Senate Armed Services Committee, was first reported by NBC News. It’s the latest in a string of allegations against Hegseth — who has denied any wrongdoing — and is likely to intensify arguments from Democrats that he’s unfit to hold the Pentagon’s top job.” Stefanik Paints a Grim Picture of a UN She Wants to Reform by Eric Bazail-Eimil for POLITICO: “[Elise] Stefanik said she’d strive to increase the number of U.S. citizens working within the United Nations system and work with colleges and universities to recruit early-career professionals to that end, calling it a “human capital strategy” to combat China. She pledged to be a strong advocate for Israel, declaring that the spate of U.N. resolutions against Israel amid its conflict with the Palestinians shows the U.S. “is not meeting the mission of international peace and security.” She said she’d work to review the U.N. peacekeeping mission in Lebanon to review how it allowed Iran-backed proxy Hezbollah to rearm and regroup.” Number of the Week Read more here. MUST READS Pool photo by Shawn Thew At Inauguration, the Burden of What Has Not Been by Errin Haines for 19th News: “Both Hillary Clinton and Vice President Kamala Harris had a direct line of sight as Trump took the oath of office shortly after noon. Clinton wore a vibrant blue that was hard to miss, perhaps a nod to Democrats about the future of the country. Harris wore all black, a departure from the colorful suits she often wore on the campaign trail. At times stoic and at others smiling, they applauded along with the crowd as Trump was sworn in. For many, the historic candidacies of Clinton and Harris represented what could have been: the first woman presidency in our nation’s 248-year history. Instead, the inauguration was another reminder that the country is still burdened by what has not yet been.” Cecile Richards, a Dynamic Leader of Planned Parenthood, Dies At 67 by Penelope Green and Remy Tumin for The New York Times: “Ms. Richards was the president of Planned Parenthood from 2006 to 2018, overseeing the country’s largest provider of reproductive health care and sex education during a period in which the organization was under sharp attack by conservatives, particularly under the Republican administration of President George W. Bush and President Trump’s first. She helped fend off a raft of attempts by Republican-controlled state legislatures to pass laws to restrict access to abortion or to cut funding for it.” What a New Immigration Directive Could Mean for Domestic Violence Victims by Jessica Kutz for 19th News: “’What is really important about sensitive zones is that they allow migrant women and families to safely access these spaces without fear that ICE will arrest or deport them there,’ said Zain Lakhani director of the Migrant Rights Justice Program at the Women’s Refugee Commission. ‘The impact might be, for instance, that a domestic violence survivor will stay in an abusive situation because they’re being forced to choose between their immediate safety and arrest and deportation if they go to a shelter or take their children to a shelter.’” QUOTE OF THE WEEK Read more here. on the move Kylie Patterson has joined Citi as a senior vice president on its third-party public policy engagement team. She previously was a deputy assistant to President Joe Biden and a House Financial Services and Commerce Department alum. (h/t POLITICO Influence) Zellnor Myrie’s New York City mayoral campaign has hired Maya Handa as campaign manager and Olivia Lapeyrolerie as press secretary. Handa previously was national candidate pipeline director at Run for Something. Lapeyrolerie is a freelance communications consultant and alum of Bill de Blasio’s office. (h/t New York Playbook) Coke Morgan Stewart was named the undersecretary of commerce for intellectual property and deputy director of the Patent and Trademark Office. She most recently was a senior counsel for O’Melveny & Myers LLP in the intellectual property and technology group. (h/t POLITICO Influence)   New Year. New Washington. New Playbook. With intensified congressional coverage and even faster delivery of policy scoops, POLITICO’s reimagined Playbook Newsletter ensures you’re always ahead of the conversation. Sign up today.       Follow us on Twitter Dana Nickel @delizanickel Giselle Ruhiyyih Ewing @giselleruhiyyih Katherine Long @katherinealong Emma Cordover @Emma_Cordover   Follow us

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