Changes to the makeup of the U.S. Supreme Court in 2018 raise the possibility that Roe v. Wade could be severely undermined—or even overturned—essentially leaving the legality of abortion to individual states. A reversal of Roe could establish a legal path for states’ pre-1973 abortion bans, as well as currently unenforced post-1973 bans, to take effect.
Many state lawmakers continue to consider and enact abortion bans that fly in the face of constitutional standards and Roe’s precedent in anticipation of an eventual lawsuit on such a ban coming before a Supreme Court hostile to abortion rights.
Some bans prohibit abortion under all or nearly all circumstances, a tactic widely viewed as an attempt to provoke a legal challenge to Roe. Several of this type of ban that were passed by states have been blocked by court orders and would require further court action to be enforced.
Other bans enacted after Roe are designed to be “triggered” and take effect automatically or by swift state action if Roe is overturned. Several states even have laws declaring the state’s intent to ban abortion to whatever extent is permitted by the U.S. Constitution, making their desire to halt abortion access in the state clear. A few states have amended their constitution to declare that it does not contain any protection for abortion rights or allow public funds to be used for abortion.
Meanwhile, policymakers in some states have approved laws to protect abortion rights without relying on the Roe decision. Most of these policies prohibit the state from interfering with the right to obtain an abortion before viability or when necessary to protect the life or health of the pregnant person.
Visit our state legislation tracker for policy activity on all sexual and reproductive health topics.
All* Above All was launched in 2013 as a women of color-led effort to restore and sustain public insurance coverage of abortion. In a few short years, we changed the game by educating policymakers and the public about the harm of these bans, especially for those unable to make ends meet. Working with our 130 organizational partners, we’ve been an accelerator for success across the country, including:
Introduction of the EACH Woman Act in the U.S. House and Senate.
Collaborating with Illinois, Maine, and Oregon advocates to lift bans or expand insurance coverage for abortion.
Sparking cities like Boston, Travis County, and Durham to declare their support for coverage, and others like Austin and New York City to dedicate local funds.
Ensuring that elected officials from city halls to the White House are committed to ending coverage bans.
Partnering with economic justice organizations like One Fair Wage to support and pass the D.C. $15 per hour wage increase.
Increasing public support for lifting the Hyde Amendment to an all-time high of 62%
After years of bold work that centers people of color working to make ends meet, All* Above All expanded its mission and scope in 2021 beyond insurance coverage of abortion to other abortion access issues and strategies.
As we continue our work to lift abortion coverage bans, we are taking on more issues as a catalyst for abortion justice nationwide. We know that race, economic insecurity, and immigration status can multiply the already-massive barriers to abortion care–and that true abortion justice must incorporate racial, economic, and immigrant justice.
We continue to empower a new generation to be bold and take action with our uplifting approach, our cross-movement work, and our digital and grassroots strategies — to ensure that abortion care is there for all of us when we need it.
Using a partnership model, we provide state and local advocates with strategic guidance, hands-on support, and funding to create national change from the ground up. We are a force multiplier – we form strategic partnerships with a wide range of organizations to directly impact the reproductive health and lives of women across the country. Since 2008, NIRH has provided direct grants and hands-on support to more than 180 reproductive health, rights, and justice organizations in 43 states and 71 localities across the country.
At the national level, we go where others don’t, engaging in groundbreaking public opinion research, proactive policy initiatives, and innovative advocacy campaigns to shape a new national conversation about reproductive freedom.
Our political arm, the NIRH Action Fund, works in parallel to change state and local electoral and policy landscapes.
We don’t just push back against restrictions on abortion and contraception; we fight for a society in which everyone has the freedom and ability to control their reproductive and sexual lives.
The Reproductive Health Access Project (RHAP) is a national nonprofit organization that works directly with primary care providers, helping them integrate abortion, contraception, and miscarriage care into their practices so that everyone can receive this essential health care from their own primary care clinicians.