Our ability to access reproductive health care shouldn’t be a political issue, but sadly it often hinges on politicians’ actions. The recent midterms have some pluses and minuses.
Majorities in Congress
Most anti-abortion politicians tend to run as Republicans. That means Republican majorities tend to lean toward restricting access to reproductive health care, especially abortion but also other reproductive issues such as affordable birth control.
Democrats gained the House majority, which means it will be nearly impossible to pass new, federal anti-choice legislation. Rewire News counts 219 pro-choice members of the new House.
But since Republicans maintained control of the Senate, any pro-choice legislation that starts in the House will come to a halt here. The Senate also seems likely to continue appointing judges and justices who are eager to overturn Roe.
State Amendments and Ballot Measures
Even though the Roe v. Wade court decision ruled that states cannot outlaw abortion, several states have laws or amendments designed to go into effect in the event Roe is overturned.
Alabama
Fifty-nine percent of voters approved Amendment 2, which says that the state will “recognize and support the sanctity of unborn life and the rights of unborn children, including the right to life” and that the state constitution “does not protect the right to abortion or require the funding of abortion.” The state has a pre-Roe abortion ban already.
West Virginia
West Virginia also has a pre-Roe ban already on the books. This week, 52 percent of voters approved Amendment 1, which states that nothing in West Virginia’s constitution “secures or protects a right to abortion or requires the funding of abortion.”
New Governors
In several states, Democratic governors replaced Republican ones, giving them the ability to veto anti-choice legislation:
New Mexico governor-elect Michelle Lujan Grisham wants to repeal a pre-Roe abortion ban and supports better access to contraception.
Kansas governor-elect Laura Kelly has promised no new abortion restrictions.
Michigan governor-elect Gretchen Whitmer issued a multi-point plan to protect reproductive rights, including repealing a 1931 state law that criminalized abortion.
Overall, results are mixed. Nothing will change overnight, but the Senate majority is especially worrying as they try to fill open positions.
And there’s one more thing: Right after the midterms, the Department of Health and Human Services announced a new version of the rule that was blocked last year about birth control. Under the new rule, any employer could decide they did not want their employees’ health care plans to cover birth control. Normally, that’s part of the mandatory preventive care benefits that all plans must cover.