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Issue Brief

⚕️ Abortion

Since the Supreme Court's 2022 Dobbs decision overturned Roe v. Wade, abortion law has been determined by individual states. Congress continues to debate federal legislation on both sides. Here are the facts.

📊 Key Facts

2022
Year Dobbs v. Jackson Women's Health overturned Roe v. Wade, returning abortion regulation to states
Source: Supreme Court, June 2022
21
States with abortion bans or restrictions below 15 weeks as of 2024
Source: Guttmacher Institute, 2024
63%
Americans who say abortion should be legal in all or most cases (Pew, 2023)
Source: Pew Research Center, 2023
~930,000
Abortions performed in the U.S. annually (pre-Dobbs)
Source: Guttmacher Institute, 2020
15
States plus D.C. with laws explicitly protecting abortion access as of 2024
Source: KFF Health News, 2024
91%
Abortions that occur in the first 13 weeks of pregnancy
Source: CDC Abortion Surveillance, 2021

🏛️ Where Congress Stands

🔵 Democratic Position

  • Support codifying Roe v. Wade protections into federal law
  • Back the Women's Health Protection Act (WHPA), which would create federal right to abortion
  • Oppose federal abortion bans and state gestational limits
  • Support access to abortion medication (mifepristone) nationwide
  • Favor Medicaid coverage for abortion services

🔴 Republican Position

  • Generally support state authority to regulate or restrict abortion post-Dobbs
  • Some back a federal 15-week abortion ban; others prefer leaving it to states
  • Most oppose the Women's Health Protection Act
  • Some support the Life at Conception Act establishing federal personhood
  • Many support exceptions for rape, incest, and life of the mother

🗳️ Recent Congressional Votes

Bill / VoteYearDem Yes %Rep Yes %Outcome
Women's Health Protection Act (H.R. 3755)
Would codify abortion access as federal statutory right		 2022 100% 1% ❌ Failed Senate cloture
Ensuring Women's Right to Reproductive Freedom Act
Protect right to travel out-of-state for abortion		 2022 100% 1% ❌ Failed Senate cloture
Life at Conception Act (H.R. 431)
Establish legal personhood at fertilization		 2023 0% 89% ❌ Introduced, not passed
Protecting Access to Medication Abortion Act (S. 4381)
Protect nationwide access to mifepristone		 2022 100% 4% ❌ Failed Senate cloture