Three Years Since the Overturn of Roe v. Wade: Where Abortion Access Stands
from Women Around the World and Women and Foreign Policy Program
from Women Around the World and Women and Foreign Policy Program

Three Years Since the Overturn of Roe v. Wade: Where Abortion Access Stands

Abortion rights supporters hold placards on the day the Supreme Court justices hear oral arguments over the legality of Idaho's Republican-backed, near-total abortion ban in medical-emergency situations, at the U.S. Supreme Court in Washington, U.S.
Abortion rights supporters hold placards on the day the Supreme Court justices hear oral arguments over the legality of Idaho's Republican-backed, near-total abortion ban in medical-emergency situations, at the U.S. Supreme Court in Washington, U.S. REUTERS/Kevin Lamarque

Access to abortion has remained unsteady in the wake of Dobbs v. Jackson Women's Health Organization. Read how the courts have redrawn the lines around reproductive care. 

June 24, 2025 1:53 pm (EST)

Abortion rights supporters hold placards on the day the Supreme Court justices hear oral arguments over the legality of Idaho's Republican-backed, near-total abortion ban in medical-emergency situations, at the U.S. Supreme Court in Washington, U.S.
Abortion rights supporters hold placards on the day the Supreme Court justices hear oral arguments over the legality of Idaho's Republican-backed, near-total abortion ban in medical-emergency situations, at the U.S. Supreme Court in Washington, U.S. REUTERS/Kevin Lamarque
Post
Blog posts represent the views of CFR fellows and staff and not those of CFR, which takes no institutional positions.

In the three years since the Supreme Court overturned Roe v. Wade, reproductive rights in the United States have remained vulnerable. Since the Dobbs v. Jackson Women’s Health Organization ruling, thirteen states have implemented total bans, four states have imposed a six-week ban, and several other states have passed specific gestational limits for the procedure.   

Despite those rollbacks, abortion rates have seen an overall rise throughout the country. According to a report from the Guttmacher Institute, the number of abortions in 2023 reached a ten-year high and has continued to rise steadily throughout 2024. The researchers highlighted the variance between states, where examples showed that rates in Florida and South Carolina—where six-week abortion bans were upheld in 2023—saw fewer procedures in 2024 than the year prior. Comparably, where protections remain or were reinstated, states, including Arizona, California, Kansas, Ohio, Virginia, and Wisconsin, saw increases in the number of abortions provided. With overall traveling for abortions dropping 9 percent from 2023 to 2024, abortion pills remain the most common treatment for terminating pregnancy and are credited for the overall increase in total abortions. Still, despite preserved protections from the Supreme Court, Health and Human Services Secretary Robert F. Kennedy Jr. has ordered the abortion medication mifepristone for review.  

Where Abortion Access Stands Now  

More on:

Maternal and Child Health

Inequality

Health

U.S. Supreme Court

In the immediate aftermath of the Dobbs ruling, confusion and chaos erupted throughout the country for medical providers and clinics unsure about the scope of legality that remained for terminating pregnancies, specifically for mothers whose lives are at risk. With many courts ordering “reasonable medical judgment,” a 2023 KFF survey showed that 61 percent of physicians were legally concerned about providing abortions for patients who need procedure. In most states with abortion bans, criminal penalties for providers range from a short prison sentence to life, along with fines and license revocation. In many cases, those penalties cross state lines.   

In February 2025, two out-of-state charges from Louisiana and Texas ordered a New York physician to be extradited and pay more than $100,000 in penalties, respectively, for prescribing abortion pills. For now, protections such as New York’s telehealth “shield law” prevent doctors from being charged for prescribing abortion medication to patients in states with bans or restrictions. Still, examples such as a recent strike down in Texas, on legislation preventing reproductive health records from being shared across state lines for law enforcement, put the future of investigating and prosecuting based on legal abortions in question.   

Certain cases have already shown the harm that comes from that uncertainty. For example, in Georgia, the state’s strict six-week abortion law, or Living Infants Fairness and Equality Act, has left many providers conflicted about whether they can legally provide the procedure even when the mother’s life is at risk. According to a report released by ProPublica, several women died after not being able to access medical abortions while experiencing a medical emergency and being forced to wait or seek less effective treatment. More recently, Adriana Smith was kept on life support after being declared brain-dead while eight weeks pregnant. After four months of support, the baby was delivered last week via emergency cesarean section, weighing one pound and thirteen ounces, and Smith was removed from life support. More reports of women dying from preventable pregnancy-related causes have come out of states with the strictest bans.  

Since the fall of Roe, eleven states have expanded access to reproductive rights by adding abortion and contraception rights within their state constitutions. Notably, in the recent November election, ten states had measures to protect or expand abortion rights on their ballots, and seven states—Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York—passed legislation that either enshrined the right to an abortion within their state constitutions or overruled an anti-abortion measure. Measures failed in states such as Florida, where 57 percent of voters opted to add an amendment supporting the right to abortion, but fell short of the 60 percent threshold for passing a constitutional amendment.  

These ballot measures are a vital step for states to reaffirm reproductive protections, block new restrictions, and match public support polls that show most Americans support legal abortions. Since 2022, public opinion has remained strong, with a Pew Study showing that 63 percent of polled adults believe abortion should be legal in all or most cases and 36 percent believe it should be illegal in all or most cases. Lawmakers are leading the fight to maintain abortion coverage for their constituents, as seen by recent efforts by congresswomen to protect reproductive access within veterans' healthcare.  

More on:

Maternal and Child Health

Inequality

Health

U.S. Supreme Court

In the wake of Dobbs, abortion care remains in the hands of state courts and legislatures and is vulnerable to new interpretations as those decisions expose the patchwork of uncertainty surrounding abortion care for providers throughout the United States. It remains to be seen how future rulings will direct or redirect the status of reproductive access within the country. 

Creative Commons
Creative Commons: Some rights reserved.
Close
This work is licensed under Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0) License.
View License Detail
Close