Buzz
The right to access reproductive healthcare shouldn't be subject to political influence, yet unfortunately, it often depends on the decisions made by politicians. The results of the recent midterm elections bring both positive and negative aspects.
Majorities in the Legislature
Anti-abortion politicians are often affiliated with the Republican Party. Consequently, when Republicans hold a majority, there's a strong tendency to impose restrictions on reproductive healthcare, including abortion and other matters like affordable birth control.
With the Democrats now holding the majority in the House, the passage of new federal anti-choice legislation will be virtually impossible. According to Rewire News, there are 219 pro-choice members in the new House.
However, with Republicans holding onto control of the Senate, any pro-choice legislation originating in the House will likely stall here. The Senate is also expected to continue appointing judges and justices who are determined to overturn Roe.
State Amendments and Ballot Initiatives
Despite the ruling in Roe v. Wade that states cannot prohibit abortion, some states have laws or amendments in place that would be enacted if Roe were overturned.
Alabama
Sixty percent of voters approved Amendment 2, which asserts 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.” Alabama also has a pre-Roe abortion ban in place.
West Virginia
West Virginia already has a pre-Roe ban in place. This week, 52% of voters supported Amendment 1, which declares that nothing in the state's constitution “secures or protects a right to abortion or requires the funding of abortion.”
New Governors
In several states, Democratic governors replaced Republicans, giving them the power to veto anti-choice legislation:
New Mexico governor-elect Michelle Lujan Grisham aims to repeal a pre-Roe abortion ban and advocates for improved access to contraception.
Kansas governor-elect Laura Kelly has pledged to impose no new abortion restrictions.
Michigan governor-elect Gretchen Whitmer unveiled a multi-point plan to safeguard reproductive rights, including the repeal of a 1931 law that criminalized abortion.
Overall, the results are mixed. While nothing will change immediately, the Senate majority is particularly concerning as they work to fill vacant positions.
There’s one more important update: Shortly after the midterms, the Department of Health and Human Services introduced a revised version of the rule that was blocked last year regarding birth control. This new rule allows employers to decide whether their employees' health plans should cover birth control, even though it is typically included in the mandatory preventive care benefits required by all plans.
