As with all medical services during the pandemic, patients’ ability to access abortion services is fluctuating by the day, a situation made more fraught by the ongoing efforts of antiabortion activists. Multiple states have used this pandemic as a justification for restricting abortion access, the rationale being that abortion is an elective medical procedure.
In contrast, the American College of Obstetricians and Gynecologists noted in a statement, “Abortion is an essential component of comprehensive health care. It is also a time-sensitive service for which a delay of several weeks, or in some cases days, may increase the risks or potentially make it completely inaccessible. The consequences of being unable to obtain an abortion profoundly impact a person’s life, health, and well-being.”
As of this writing, 11 states in total that have tried to pass restrictions on abortion, with mixed results. Some states—including Alabama, Iowa, Ohio and Oklahoma—passed bans which were subsequently blocked by a federal judge, meaning abortions are still permitted. Other states, such as Louisiana, Mississippi and West Virginia, have proposed bans which are still in the legislative process, meaning abortion services are available, for now. Alaska, Arkansas, Tennessee and Texas have partial bans in effect, with only limited abortion services available. And just yesterday, the Kentucky legislature voted to grant the state’s Attorney General the power to ban abortion services during the pandemic, though such a ban has yet to be implemented.
Keeping in mind that this is a volatile situation, one which changes by the day, here is what patients who may need to access an abortion in these states need to know right now.
States with a blocked ban
In Alabama, Ohio and Oklahoma, the abortion bans were blocked through a temporary restraining order issued by a federal district court. The American Civil Liberties Union challenged a similar ban in Iowa, leading state officials to settle out of court and allow abortion services to continue. In these states, abortions are still permitted to whatever degree their existing laws allow and with whatever protective measures have been put into place by abortion clinics.
States with a ban in progress
Louisiana, Mississippi and West Virginia have bans that are currently in progress, meaning abortion services are limited while challenges to them are on-going. In Louisiana, the governor issued a 30-day suspension, and clinics recently filed a legal challenge in federal court. In Mississippi and West Virgina, an elective procedure ban is in place that was meant to include abortions. In both these states, clinics are still continuing to offer abortion services.
States with a ban in place
Alaska and Texas both have abortion bans in place, creating a particularly difficult situation for residents in need of abortion services right now, given how big these states are and how far people would have to travel in order to access care at a time when we’ve all been advised to restrict our movements as much as possible. In Texas, this has led to patients scrambling for abortion services, even resorting to measures such as driving or flying to neighboring states; there have also been reports of women attempting to end their pregnancies on their own. In Alaska, the ban is even more problematic, as patients cannot easily drive to another state.
In Arkansas and Tennessee, which also have bans in place, the situation is not much better; clinics are only offering limited services, but they are at least closer to neighboring states where abortions services have not been restricted. As of yesterday, Arkansas’ ban was blocked by a judge, although it is too early to tell if this is a ruling that will be reversed or not. Tennessee is also facing legal challenges to their ban.
This is a situation that changes by the hour, sometimes even by the minute: Doctors are reporting being required to cancel appointments for patients as they sit in their waiting rooms, while some patients are showing up for their appointments only to find the clinic shuttered or receiving a call the night before that their abortion procedure has been canceled. There will undoubtedly be more changes even between the filing of this article and its publication.
Needless to say, this is a volatile situation, one with no simple solution, which is affecting vulnerable patients in the middle of the worst pandemic we’ve seen in a century.
