The Federal Government is Still Attacking Reproductive Freedom
After the 2022 U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision overturned federal protections for abortion, there was a lot of analysis showing that the right to access abortion now rests with the states. Coupled with the misinformation during the 2024 presidential election that tried to downplay Project 2025 and the intentions of national anti-abortion ideologues to ban all abortion everywhere, many voters may mistakenly think the federal government is not going to try to ban abortion. While the high-profile priorities of the current federal administration have focused on issues like immigration and the economy, we cannot be complacent when it comes to abortion rights. The architects of Project 2025 are laser-focused on ending gender equality and attacking bodily autonomy, and banning all abortion access is part of that dangerous goal.
While media attention is focused on truly horrifying scenes of immigration raids and abductions, dangerous economic policies, and efforts to eradicate racial equality, plenty has also been going on to dismantle abortion rights and reproductive freedom. You may have missed:
- Ending federal enforcement of EMTALA—the Emergency Medical Treatment and Labor Act. This law states emergency rooms have to provide patients with stabilizing treatment in an emergency, no matter their ability to pay, and in the case of abortion, no matter the state restrictions on access. By not enforcing this critical law, anti-abortion states have the green light to deny emergency, life-saving care to critically ill patients.
- Freezing federal Title X funding to family planning clinics. The Title X program, in place since the 1970s, allows patients with low incomes to access quality, affordable reproductive health care, including preventive screenings for sexually transmitted infections (STIs) and cancers. While some funding has been restored in the four months since it was frozen, many clinics have either shut down, been forced to reduce their operations, or have had to charge lower-income patients more for services.
- Censoring access to accurate and comprehensive reproductive health care information. One of the first actions of this administration was to take down the government resource site ReproductiveRights.gov as well as erase any mention of abortion and reproductive health care privacy from the U.S. Department of Health and Human Services’ (HHS) website.
- Weakening the Freedom to Access Clinic Entrances (FACE) Act, a key tool in protecting abortion clinics. Passed in the 1990s at a time of intense and violent attacks on abortion clinics, the current federal administration stated they will no longer enforce the provisions of this act, while also pardoning 23 people convicted of violating the Act. A bill was also introduced in Congress to repeal the FACE Act entirely.
- Removing abortion access at the Veterans Administration (VA) for veterans and their families. This proposed policy would further restrict the already limited cases in which veterans and their families can access abortion through the VA. If this proposed rule is finalized, it would be one of the most restrictive bans on abortion targeting a nationwide population, as veterans in all 50 states would be impacted, including those living and serving in states with protected abortion access.
- Barring large family planning clinics from receiving federal Medicaid funds. Passed as a provision in the disastrous federal budget bill earlier this summer, this law bars many family planning clinics, such as Planned Parenthood, from receiving Medicaid reimbursements. While Planned Parenthood wasn’t specifically named, the clear goal of anti-abortion lawmakers is to shut down these safety net reproductive health care clinics.
"The architects of Project 2025 are laser-focused on ending gender equality and attacking bodily autonomy—and banning all abortion access is part of that dangerous goal."
The above actions have had damaging impacts on our ability to access abortion safely and with dignity, no matter where you live. We know that this anti-abortion administration is not done yet; however, future plans may include:
- Congressional action to ban state shield laws from protecting providers who provide abortion care to out-of-state patients. Fifteen anti-abortion Attorneys General asked Congress to preempt these crucial laws that protect providers and allow patients to seek legal care out of state.
- Attacks on medication abortion. Despite a decades-long track record of safety and efficacy, anti-abortionists are determined to block access to medication abortion, specifically mifepristone. Medication abortion is a popular and safe way to terminate a pregnancy and one that can be done in the privacy of one’s home, which is why abortion opponents hate it. Between junk science challenges to FDA approval of mifepristone to potentially reviving the 1873 Comstock Act that would ban the mailing of abortion medication, among other restrictions, we expect to see more behind-the-scenes efforts to restrict abortion access across the U.S., including in states with legal protections.
Politicians know that banning abortion outright, such as with a national abortion ban, is deeply unpopular. That doesn’t mean they won’t try it, but we should also pay attention to what this anti-abortion administration has already done and be prepared for more attempts to restrict access. The ultimate goal of anti-abortionists is to enshrine “personhood” into the U.S. Constitution, which would not only ban all abortion, but also certain types of birth control as well as some reproductive technologies, like IVF.
As advocates for abortion rights and bodily autonomy, we get ready by staying ready to fight these attacks at all levels of government.
Check out our Take Action page to find different ways you can raise your voice and take a stand for reproductive freedom for all!
