Former president Donald J. Trump has officially won the 2024 presidential election.
Now, many voters have questions about what a second Trump term might look like. One of the biggest looming issues is access to safe and legal abortions.
After Roe v. Wade—the landmark ruling that guaranteed the federal right to an abortion—was overturned in 2022, 14 states implemented near-total abortion bans.
During the 2024 election cycle, several states had measures on the ballot regarding abortion access: Some expanded rights and protections, while others reinforced already-strict policies in place.
So where do things stand for abortion access across the United States—and where is this fight headed? Here’s what to know right now.
Meet the experts: Mary Ziegler is a professor of law at the University of California at Davis and author of Abortion and the Law in America: Roe v. Wade to the Present. Jennifer Driver, is the senior director of reproductive rights at State Innovation Exchange.
What were the 2024 abortion results?
Most states that considered abortion rights amendments ended up approving them—seven out of 10, to be exact. Those states are:
- Missouri
- Arizona
- Colorado
- Nevada
- Maryland
- Montana
- New York
In terms of legislative next steps, nothing is happening this second. But the election results put in place motions which will eventually become state law.
Which states expanded abortion access?
Voters in Missouri, which currently has a very strict abortion ban in place, approved an amendment that would guarantee the right to abortion access up to fetal viability, which is usually considered the 24th week of pregnancy.
Arizona voters also approved a ballot to allow abortion access in the state’s constitution up to fetal viability, plus exceptions for abortion beyond viability for the life or physical or mental health of the mother.
Several other states also confirmed and codified abortion rights for residents, including Colorado, Nevada, Maryland, Montana, and New York.
Which states rejected abortion amendments?
Three states rejected abortion amendments:
- Florida upheld its ban on abortions after six weeks.
- Nebraska banned abortion after 12 weeks.
- South Dakota banned abortion with the exception to save the life of the mother. There are no exceptions for pregnancies from rape or incest, or for the health of the mother, per the Argus Leader.
Worth noting: Florida voters overwhelmingly voted to overturn the state’s strict abortion ban, but didn’t meet the 60 percent approval required for passage, according to NBC News.
What’s next in the fight for abortion?
Right now, abortion access is decided on a state level. Given that the incoming president is a Republican, and that the House of Representatives and Senate will be controlled by Republican lawmakers, there is a chance that access could be impacted again.
Abortion access “is certainly at risk at the federal level,” says Jennifer Driver, senior director of reproductive rights at State Innovation Exchange. “We ended up electing someone who went back and forth on their stance on abortion, even though Trump was the reason that we were in this position in the first place.”
A federal abortion ban is unlikely, although “I wouldn’t rule it out,” Driver says.
Are there more anti-abortion laws coming?
Driver expects anti-abortion lawmakers to try to enforce the 1873 Comstock Act—a law that prevents contraceptives, so-called “lewd” materials, and drugs that could be used to terminate a pregnancy from being shipped in the mail—to make medication abortion much more difficult.
Even though the Comstock Act was passed in 1873, it has never been overturned, explains Mary Ziegler, a professor of law at the University of California at Davis and author of Abortion and the Law in America: Roe v. Wade to the Present. Because the law is still technically in the books, there are concerns that access to medication abortion—and even tools that could be used in surgical abortions—in the mail may become federal crimes, she says.
What about the State and Supreme Courts?
On election night, there were races in 33 states where Supreme Court seats were on the ballot.
Republicans retained their majority on Ohio’s top court. Democratic-backed candidates won in Kentucky and Michigan. And Arizona voters retained justices who previously upheld an 1864 abortion ban.
“If you are a conservative or a progressive, you look at last night’s supreme court elections and see mixed results,” Douglas Keith, a senior counsel at the Brennan Center for Justice who tracks judicial elections, told Reuters.
During Trump’s second term, he has the opportunity to expand the Supreme Court’s conservative majority to 7-2 if one of the three liberal justices steps down during his presidency. “I could also see the appointment of more Supreme Court justices that are anti-abortion to stack the court,” Driver adds.
How can I advocate for abortion rights?
If reproductive rights are important to you, it’s understandable to feel helpless right now. But you can still support abortion rights organizations to try to increase access in the future.
Check out a list of 14 organizations to consider supporting here. You can also contact your local Planned Parenthood to see if there are ways to volunteer or donate.
Finally, remember that election results aren’t forever—and elections for the House of Representatives happen every two years. If you’re not happy with the way things went this time around, you’ll have another chance to influence the outcome again soon.
Korin Miller is a freelance writer specializing in general wellness, sexual health and relationships, and lifestyle trends, with work appearing in Men’s Health, Women’s Health, Self, Glamour, and more. She has a master’s degree from American University, lives by the beach, and hopes to own a teacup pig and taco truck one day.
