Seven states succeeded and three failed to pass constitutional amendments to protect abortion access on November 5, according to Associated Press projections.
Many of the states that voted to protect abortion already allow it, either with no gestational limit or up to fetal viability, including Colorado, Maryland, New York, Nevada, and Montana. (Viability varies by pregnancy but is typically around 24 weeks, according to the American College of Obstetricians and Gynecologists.)
But two other states’ yes votes have set the stage for a potential reversal of current laws: Arizona, which currently has a 15-week ban, and Missouri, which enacted a near-total ban in June 2022 just minutes after the Supreme Court turned the decision over to the states in Dobbs v. Jackson Women’s Health Organization.
Expanded access
Arizona’s amendment is set to take effect following a statewide canvass on November 25, per the state constitution.
Missouri’s amendment is scheduled to take effect on December 5. That doesn’t mean abortion restrictions are automatically repealed, however. Planned Parenthood’s Missouri affiliates are suing the state to stop enforcement of the current restrictions and allow three Missouri clinics to resume offering surgical and medication abortion on that date, leaders said in a Wednesday press conference.
“We have the staff and the facilities to do it—we just need the court to understand the urgency and fulfill the will of the voters,” Richard Muniz, interim president and CEO of Planned Parenthood Great Rivers, said during the conference.
This expansion could also lighten the load for nearby states, where Missouri residents currently travel to and “compete with patients from around the country” for abortion appointments, Emily Wales, president and CEO of comprehensive health at Planned Parenthood Great Plains, said during the conference.
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Nationwide, abortion restrictions have forced patients to go farther away for care, increased wait times, and strained finances at independent clinics in states both with and without bans, Healthcare Brew previously reported.
Zooming out
Meanwhile, Florida, South Dakota, and Nebraska voted no on amendments to protect abortion, according to voting results posted on the states’ websites, leaving existing abortion bans and restrictions in place.
Some states had ballot initiatives that aimed to restrict rather than protect abortion in the constitution. Nebraska voted yes on an amendment to enshrine the state’s current 12-week abortion cutoff. It is one of two states with an active 12-week ban as of November 6, according to the New York Times abortion tracker.
Thirteen states currently ban abortion with very limited exceptions (including Missouri and South Dakota), and four, including Florida, ban it at six weeks with limited exceptions, according to the tracker.
In a statement to Healthcare Brew on Wednesday, Erin Grant, co-executive director of the Abortion Care Network, a membership and advocacy organization for independent clinics, expressed hope for the seven states where amendments passed, but fears for abortion access overall.
“Independent clinics are doing their best to stay open and help their communities. Right now, it is unclear if they will receive relief and help to continue,” Grant wrote.