WASHINGTON — Legal cases over abortion rights are making their way through the courts, and the number of conservative justices on the Supreme Court has increased, now that Brett Kavanaugh has taken his seat. And perhaps more than ever before, the issue of abortion will be a major focus for both parties.

In the past few months, a lot has changed that could affect the future of abortion in the US. In November, Democrats flipped seven state legislative chambers, took over the majority of the House of Representatives, elected a record number of women to Congress, and replaced five anti-abortion governors. On the other side, two states passed firmly anti-abortion ballot measures, Senate Republicans increased their majority with staunchly anti-abortion rights politicians, and immediately following the midterm elections, the Trump administration released three rules that would restrict access to contraception and abortion.

New rules, new Congress, new governors: What do all these changes mean for the future of abortion in the US? Here’s where things stand:

State legislatures and governors

When it comes to abortion, the majority of the power lies in state legislatures. States pass most laws related to abortion, which can often filter up to legislation in Congress. And if the Supreme Court reverses or significantly alters Roe v. Wade — the Supreme Court decision that legalized abortion nationwide — the states will likely inherit all the power to legalize or criminalize abortion.


During the midterms, seven state legislative chambers flipped from red to blue (about 370 seats nationwide), and five governors with platforms that support abortion rights replaced five anti-abortion governors.

The anti-abortion side claimed victories in the gubernatorial races of major swing states like Iowa, Florida, and Ohio. Iowa Gov. Kim Reynolds, who signed a bill this year banning abortion after six weeks of pregnancy, defeated Fred Hubbell, a former Planned Parenthood board chair in Iowa.

By Planned Parenthood’s count after the election, half of the country’s governors are largely supportive of abortion rights, but a majority of state legislatures are not. (The organization tracks candidates and legislatures and grades them based on their support of abortion rights and contraception.) Democrats now hold majorities in 19 states, while Republicans have 22 state majorities, and 13 states are divided between the parties.

State ballot measures

The most striking anti-abortion wins in November took place in Alabama and West Virginia, both of which passed ballot measures that would automatically make abortion illegal there if the Supreme Court overturns Roe v. Wade.

West Virginia voters supported a measure to add language to their state constitution stating, "Nothing in this Constitution secures or protects a right to abortion or requires the funding of abortion." Alabama voted to add the same language to their constitution, as well as language that “recognized and supported the sanctity of unborn life and the rights of unborn children, including the right to life."

In Oregon, a third abortion-related ballot measure that would have banned public funds from paying for abortion coverage failed. (A federal law called the Hyde Amendment already prevents federal funding from paying for abortion, but not independent state funding.)


For now, the Alabama and West Virginia measures are purely symbolic. As long as Roe v. Wade stands, these laws directly oppose it and cannot actually make abortion illegal in those states or grant fetuses the same rights as those who have been born. However, if Roe is overturned or significantly altered by the Supreme Court, these measures may go into effect, making them what is referred to as “trigger laws.”

Louisiana, Mississippi, North Dakota, and South Dakota also have “trigger laws” that would automatically ban abortion if Roe were overturned, and Missouri and Kansas have purely symbolic “personhood” laws similar to the language passed by Alabama. Nine other states have unenforced, pre-Roe abortion bans in place.

According to the pro–abortion rights research center Guttmacher Institute, 18 states have laws that would significantly or totally restrict abortion access if Roe were overturned or significantly altered. However, nine states have pro–abortion rights “trigger laws,” which would automatically protect the right to abortion.

A federal split