The Lasting Impacts of Abortion Bans

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Recently courts in North Dakota and Georgia overturned the states’ abortion bans. The impact of these reversals, however, may be short lived, as is the case in Georgia, which was only in effect for a week. Even if the court decision is sustained for longer periods, access to abortion in the state may never be as available as it was before the bans took effect. Both decisions were issued by lower courts, and the states are expected to appeal. The litigation takes time, and the state supreme courts will be the ultimate arbiter. Clinics will not rely on a lower court’s ruling to make expensive infrastructure and staffing decisions. In 2022, the Red River Women’s Clinic moved from Fargo, North Dakota to Moorhead, Minnesota.  The clinic has already stated that it has no plans to move back into the state and there are no other abortion clinics in North Dakota.

The immediate effect of the North Dakota court ruling is for people seeking emergency abortion care in a hospital, who will be treated by clinicians who are now no longer fearful of facing criminal prosecution because they provide pregnant patients with the standard of care to preserve their health and life. However, most abortions are not provided in emergency rooms. People in North Dakota seeking abortion outside of pregnancy related emergencies will still need to travel to obtain their abortion, as there are no clinics and the state bans telehealth for abortion care. North Dakota  has restrictions from before Dobbs that are still active.

Texas provides a good example of long-lasting impacts of abortion restrictions even when the restrictions are subsequently struck down. In 2013, there were 41 abortion clinics open in Texas when the legislature enacted new TRAP laws. In 2016 when the Supreme Court struck down the most stringent restrictions, only 19 clinics remained.  Three years later, only 3 clinics were able to reopen; most clinics that were forced to close because of the regulations were not able to reopen.

This November, citizens in 5 states with abortion bans or early gestational restrictions will vote on ballot measures that would enshrine the right to abortion in their state constitution.Even if the ballot measures succeed, it may take years for access to abortion to improve after it has been banned in the state.

This was updated at 4 p.m. ET on October 7 to reflect new developments in Georgia.