The fate of abortion rights and abortion access will be determined this November at the state and local level during midterm elections. Since the Supreme Court overturned Roe v. Wade in June of this year, most abortions have been banned in 14 states and are actively threatened in seven. Now, voters will directly influence the future of abortion in five states, while local gubernatorial and judicial races across the country will similarly shape the makeup of each state’s abortion access—either acting as stopgaps between the state and abortion bans or paving the way for expanding an already staggering abortion desert.

Abortion rights advocates are exploring ballot measures to enshrine access to the procedure into state constitutions in 2024, including in a handful of Republican-led states with restrictions on the books. The effort represents an emerging strategy for the abortion rights movement and a growing belief that public opinion is on their side. After the Supreme Court overturned the constitutional right to an abortion, advocates know appealing directly to voters is one of the only ways to counteract bans in conservative states and reshape access in a post-Roe America. While in the early stages, discussions around whether to pursue an abortion rights ballot measure are occurring in states including Ohio, Florida, Arizona, Oklahoma, Colorado and Missouri, according to interviews with over a dozen advocates, liberal groups and others, some of whom spoke on the condition of anonymity to detail private conversations.

Earlier this year, five people altered the landscape of reproductive rights in more than a dozen states across the country when the Supreme Court overturned Roe v. Wade. In November, millions of voters will weigh in, casting votes in dozens of races and ballot measures that will determine how restrictive their state can be. Ballot initiatives in three states could determine abortion access for millions of women and what kind of reproductive health care is available to them. Abortion has also become a key issue in races for governor and state attorneys general, who have direct control over their states’ abortion laws and how they are enforced. Democratic candidates for governor want to gain or retain veto power over Republican-controlled state legislatures that want to curb abortion rights.

Allison Case, a family medicine physician, spends much of her time working in a hospital where she delivers babies and provides reproductive health care services, including abortions…In the U.S., more than a dozen states severely restrict access to abortion, and almost as many have such laws in the works. Across the country, since Roe v. Wade was overturned, clinics that do provide abortions have seen an increase in demand. Many clinics rely on help from physicians out of state, like Case, who are able to alleviate some of the pressure and keep wait times down by providing services via telemedicine. But as more states move to restrict abortion, these providers are finding themselves navigating an increasingly complicated legal landscape. Is abortion by telemedicine legal? Experts differ.

Five forthcoming state ballot initiatives on abortion rights could add fissures to the fractured post-Roe landscape and the evolving patchwork of reproductive health policies. The big picture: The U.S. Supreme Court decision overturning the constitutional right to an abortion has hardened sentiments in red and blue states and put critical access questions in front of voters this fall. Kansas showed how potent the issue is in driving turnout last month, when voters during state primary elections overwhelmingly rejected an amendment that would have struck abortion protections in the state’s constitution. The turnout of more than 900,000 was nearly half of all registered voters in the state, and almost double the amount of voters that Kansas normally sees in a primary election.

Thirty Democratic senators led by Washington’s Patty Murray are calling on the Biden administration to use health care privacy laws to protect patients’ reproductive health information, specifically when it comes to abortion. In the letter sent Tuesday, first shared with The 19th, the senators ask the Biden administration to use the Health Insurance Portability and Accountability Act (HIPAA) to prohibit health care providers and personnel from sharing any information about patients’ medical records “without explicit consent.”

As bans and restrictions proliferate across the country, abortion pill providers are pushing the envelope of regulations and laws to meet the surging demand for medication abortion in post-Roe America. Some are using physician discretion to prescribe pills to patients further along in pregnancy than the 10-week limit set by the Food and Drug Administration.

“The case of a Nebraska woman charged with helping her teenage daughter end her pregnancy after investigators obtained Facebook messages between the two has raised fresh concerns about data privacy in the post-Roe world.”

“Joe Biden signed a second executive order on Wednesday that aims to protect access to reproductive healthcare after the US supreme court struck down the constitutional right to abortion.”

“Karen Kaiser says she will never forget her feelings of dread and sadness as she hurried past picket lines of antiabortion protesters in 2008. In the waiting room of a Maryland Planned Parenthood, “I remember crying,” she said. Kaiser had decided to have an abortion in part because she was taking a medication called Depakote to control her bipolar disorder.”

“Last year, a 35-year-old woman named Amanda, who lives in the Dallas-Fort Worth area, had a miscarriage in the first trimester of her pregnancy. At a large hospital, a doctor performed a surgical procedure often used as a safe and quick method to remove tissue from a failed pregnancy… Eight months later,”

“President Biden attempted to preserve abortion access on Friday through executive action but stopped short of restoring full access to the procedure or preventing states from enacting their own restrictions or bans. The executive order Biden signed empowers Health and Human Services (HHS) in a variety of ways,”

“Abortion rights activists say the Supreme Court’s decision to strike down Roe v. Wade will reverberate around the world, possibly restricting access to the procedure in other countries and weakening the global movement for reproductive rights.”

Repro health news from the week of June 6 – 10, 2022.

Repro Health Watch is a weekly email digest designed to give you the most important reproductive health news of the week.

Note: The information contained in this publication reflects media coverage of women’s health issues and does not necessarily reflect the views of the National Partnership for Women & Families.