Now that the U.S. Supreme Court has returned the power to regulate abortion to the states, local elections have new implications when it comes to access to reproductive care.
In some states, the outcomes of elections for legislature and governor could either protect or restrict and ban abortion.
In early July, President Joe Biden urged the American public to elect more lawmakers in favor of protection abortion access in November.
"If you want to change the circumstances for women and even little girls in this country, please go out and vote," he said at the time. "When tens of millions of women vote this year, they won’t be alone. Millions and millions of men will be taking up the fight alongside them to restore the right to choose and the broader right to privacy in this nation, which they denied existed."
“For God’s sake, there’s an election in November,” said Biden at the time.
Whether the Supreme Court's decision to strike down Roe v. Wade will ultimately have an impact on key Senate races remains to be seen, but recent polling shows that the Supreme Court ruling has made Democrats more likely to vote in the midterms.
For an increasing number of voters, abortion is emerging as a top issue this fall, with American voters now more likely to prioritize abortion at the ballot box in November, according to a FiveThirtyEight/Ipsos survey from earlier this month.
The survey found that 19% of voters said that abortion was their leading concern, up from just 9% who ranked abortion as a top issue in a survey conducted before the Roe v. Wade decision was announced.
Republicans are feeling confident about the November midterms due to President Biden’s low approval ratings, high inflation rates, and economic stress. But, Democrats, too, are feeling hopeful that the issue of abortion rights will energize their voters in key battleground states and districts.
For Democrats, their best bet at codifying abortion rights nationally remains in the Senate. They will need to pick up at least two Senate seats in November while also holding onto a handful of swing seats and keeping their House majority.
If they do, they could potentially have enough support to reach a bipartisan agreement on protecting the right to an abortion – or, if necessary, change the filibuster rules next year and codify abortion rights on a straight majority.
The issue of abortion access has taken center stage in Senate races in Wisconsin, North Carolina, Pennsylvania, Ohio, Arizona and Georgia.
Since the Supreme Court's ruling, Wisconsin's abortion clinics have already suspended performing the procedure. A state law from 1849 banning abortion was basically reactivated after Roe v. Wade was overturned on June 24.
The Wisconsin law criminalizes abortion, stating that it is a felony for almost any abortion to be performed except in circumstances where it is needed to save a mother's life. The law also holds that doctors who perform the procedure could face up to six years in prison.
“In Wisconsin, we could immediately resume access to safe and legal abortion care if the state Legislature simply repealed the 173-year-old law that bans abortion,” said Lisa Boyce, spokesperson for Planned Parenthood Advocates of Wisconsin, in a statement to Spectrum News.
But “so far, every member Republican elected to serve in the state Legislature has refused to support the repeal of this law that was passed before women even had the right to vote. The people of Wisconsin deserve better,” added Boyce.
In Wisconsin, Democratic candidates are hoping that the restrictive abortion ban, coupled with Republican incumbent Sen. Ron Johnson’s anti-abortion stance and other factors, will be enough to bring voters to the polls and flip the seat blue.
When it comes to abortion, Johnson has said that he supports the Supreme court’s decision to overturn Roe v. Wade, and the two-term senator has previously supported bills limiting access to abortions in Wisconsin.
Johnson has also previously expressed support for a federal abortion ban after 20 weeks of pregnancy.
When asked for comment, Johnson’s campaign team directed Spectrum News to a statement where Johnson outlined his position on abortion, where he writes that he believes “life begins at the moment of conception” but that he fully supports “allowing the democratic process in each state to decide at what point society should protect that life.”
However, in Johnson's statement, he says that he opposes any penalty imposed on mothers and supports exceptions in the case of rape, incest or the life of the mother. He also states that he would never vote to “prevent a woman to cross state lines to access any medical treatment, including an abortion procedure.”
A spokesperson for Planned Parenthood Advocates of Wisconsin, Lisa Boyce, pointed out that “Johnson has opposed federal protections for abortion access and mocked the barriers that Wisconsinites seeking abortion care now face - saying that people who don't like the criminal ban on abortion can simply ‘move.’”
While Johnson's opponent won't be officially decided until after the primary on Aug. 9, Wisconsin Lt. Gov. Mandela Barnes is leading the pack and his opponents have dropped out of the race. Barnes has been endorsed by Rep. Alexandria Ocasio Cortez, D-N.Y., Rep. Jim Clyburn. D-S.C, Sen. Bernie Sanders, I-Vt. and Sen. Elizabeth Warren, D-Mass., among others.
Barnes, who would be the state’s first Black Senator if elected, says his record in Wisconsin politics is as “a very dear friend to Planned Parenthood.”
Though Planned Parenthood Advocates of Wisconsin does not make endorsements in federal elections, Boyce stated that “Barnes has a strong record of supporting reproductive freedom in his time in the Assembly and as Lieutenant Governor.”
In a recent debate, Barnes said that if elected, “we have to explore every possible option to make sure women get the reproductive healthcare they need and deserve.”
Two weeks ago, Barnes released a new television ad that features his mother talking about an abortion she had. In the press release announcing the new ad, it states that Barnes is “committed to ending the filibuster to codify Roe v. Wade.”
Recent polls have put Barnes either slightly ahead of or dead even with Johnson, in a state narrowly won by Joe Biden in 2020, suggesting a tight race in November.
In Ohio, the Supreme Court’s decision to end the federal right to an abortion has placed a spotlight on the state’s senate race, with the two party nominees differing drastically on their views on abortion rights.
When the high court overturned Roe v. Wade last month, Ohio’s “heartbeat” bill that bans most abortions took effect. In Ohio, abortion is now banned after a heartbeat has been detected, typically around 6 weeks of pregnancy.
The law does provide exceptions where an abortion can be conducted after the six-week mark if the life of the mother is in danger or to prevent long-term impairment of bodily function. There are no exceptions for race or incest.
A person who performs an abortion in violation of the ban in Ohio could be charged with a fifth-degree felony which carries a penalty of probation or six to 12 months in prison and a fine up to $2,500.
Rep. Tim Ryan, the Democratic nominee for Senate, has voiced his support for codifying the right to abortion in federal law, whereas his opponent, Trump-endorsed "Hillbilly Elegy" author J.D. Vance, is staunchly against abortion rights.
Former President Donald Trump won the state by 8 points in 2020, and twice as many Republican voters turned out to vote as Democrats in the state's May 3 primary. But this was before the Supreme Court overturned Roe.
Now, Democrats are hoping to win over the state’s independent voters and have frequently drawn attention to Vance’s conservative anti-abortion stances.
Previously, Rep. Ryan was, like Vance, opposed to abortion rights. But, in 2015, he changed his position after listening to the stories of women who sought abortions.
"I have come to believe that we must trust women and families — not politicians — to make the best decision for their lives," he wrote at the time.
Days after the Supreme Court decision overturning Roe v. Wade was announced, Ryan appeared outside the Ohio Statehouse at an abortion rights rally and recently held a news conference touting his new endorsement from Planned Parenthood of Greater Ohio.
“Tim is unequivocal in his belief that the government has no place coming between a woman and her doctor making healthcare decisions, and that extends to every level of government,” said Tim for Ohio spokesperson Jordan Fuja in a statement sent to Spectrum News.
“In the House, Tim has worked to pass legislation to protect the right to safe, legal abortion, and he will continue to fight for abortion rights in the Senate,” added Fuja.
Republican Candidate J.D. Vance celebrated the Supreme court decision. “This is a great day,” said Vance in a statement released in response to the Supreme Court ruling. “We now enter a new phase of the pro-life movement.”
Not only does Vance supports Ohio’s “Heartbeat” law that now bans abortions once a fetal heartbeat is detected, which can be as early as six weeks into a pregnancy, but he also has argued against the need for exceptions for rape and incest.
When asked in an interview with Spectrum News Ohio whether abortion laws should include exceptions for rape and incest, Vance said that “It’s not whether a woman should be forced to bring a child to term, it’s whether a child should be allowed to live, even though the circumstances of that child’s birth are somehow inconvenient or a problem to the society.”
“The question to me is really about the baby,” Vance, who has described himself as 100% pro-life, added. “We want women to have opportunities, we want women to have choices, but, above all, we want women and young boys in the womb to have a right to life.”
Currently, North Carolina is one of the southern states with the strongest support for abortion rights, as abortion is legal there for the first 20 weeks of pregnancy.
A Meredith College poll of North Carolina voters conducted in April showed that nearly 53 percent of them wanted to keep abortion legal until the 24th week of pregnancy and 62 percent said it should be allowed at least until the 15th week of pregnancy.
North Carolina has become a critical abortion safe haven for abortion rights in the South, with Democratic Gov. Roy Cooper signing an executive order earlier this month that aimed to protect abortion access in the state, even for out-of-state travelers.
When announcing the executive order, Cooper warned that the midterm elections will be crucial in preserving abortion access, as his veto power could be nullified by a Republican supermajority.
“People throughout the Southeast rely on North Carolina as an access point,” said Parent Parenthood CEO Alexis McGill Johnson at the news conference announcing the executive order. “Without Gov. Cooper’s help, without his veto, access for people in North Carolina and South Carolina, Tennessee and the entire region would be devastated.”
The midterm elections in North Carolina will be pivotal when it comes to the future of abortion access in the state.
Fighting for the retiring Republican Senator Richard Burr’s seat is Republican Congressman Ted Budd and Democrat former North Carolina Supreme Court Chief Justice Cheri Beasley.
Budd, who has represented North Carolina's 13th district since 2017, is a staunch opponent of abortion rights.
On his website, Budd writes that he believes life begins at conception and that “our country should not stand for the injustice of ending the lives of millions of unborn children every year through abortion. I will do everything I can to stand up for life.”
Before the Supreme Court overturned Roe v. Wade, Budd, who has been endorsed by former President Trump, signed the amicus brief, which urged the courts to review and overturn the precedent, and he also praised the ‘creativity’ of a Texas law that banned abortion at six weeks.
Budd praised the Supreme Court decision for returning power to the states but has indicated that he wouldn’t support a nationwide abortion ban.
On July 15, Budd voted against a bill that would protect the freedom to travel for an abortion. A week later, he voted against Rep. Kathy Manning’s Right to Contraception Act, which ensures Americans’ right to birth control and other contraceptives.
In contrast, Democratic candidate and former North Carolina Supreme Court Chief Justice Cheri Beasley is campaigning on a pro-abortion rights agenda. Many Democrats are hoping that the issue of abortion rights will increase turnout in this year’s midterm elections, which they believe would benefit Beasley.
Beasley, who served as the first black female chief justice in North Carolina, is campaigning on preserving abortion as a constitutional right and says that if elected, she will vote to end the filibuster and codify abortion rights.
In a statement sent to Spectrum News, Alison Kiser, Executive Director of Planned Parenthood Votes! South Atlantic explained that the future of reproductive freedom for North Carolinians and the entire South East region is on the line in the 2022 election.
“Right now, all eyes are on North Carolina to hold the line for abortion access as our neighboring states rush to pass as many restrictions as they can,” Kiser said. “If anti-abortion politicians regain a supermajority in the NC General Assembly, Governor Cooper will not be able to stop them from passing more restrictions on health care, including an all-out ban on abortion.”
“That is why the Planned Parenthood Action Fund has endorsed Cheri Beasley as the candidate North Carolinians can count on to defend their health and rights in the U.S. Senate,” Kiser said. “The importance of this election for abortion access simply cannot be overstated.”
Beasley has also been endorsed by NARAL Pro-Choice America, a non-profit organization that engages in lobbying and political action to oppose restrictions on abortion.
The former judge has voiced her support for the Women’s Health Protection Act (WHPA) which would provide a right for healthcare providers to provide abortion care and a right for people to receive that care, free from bans.
Beasley has also committed to repealing the Hyde Amendment – a legislative provision barring the use of federal funds to pay for abortion, except to save the life of a woman or if the pregnancy arises from incest or rape.
The Hyde amendment bans using federal Medicaid to cover most abortions.
In Pennsylvania, abortions are currently legal in the state up to 24 weeks.
Ash Turner, an outreach manager at Allentown Women’s Center – a reproductive healthcare clinic in Pennsylvania – explained that the midterm elections in Pennsylvania will “make or break” their clinic.
“We have hope that with enough people becoming active, campaigning, attending their town council meetings to make noise, and stepping up in all the ways that are available to them, we can continue to provide abortions to those in need,” said Turner in a statement to Spectrum News.
At Allentown Women’s Center, Turner explained that they have been seeing an influx of clients, not only from out of state but from Western Pennsylvania as well. “Clinics in that area have been so overwhelmed that we are no longer able to get in touch with them,” said Turner.
Whether restrictions are placed on abortion access in Pennsylvania is largely dependent on the outcome of the 2022 midterm elections.
If restrictions or a ban on reproductive care is enacted in Pennsylvania, Turner said that their clinic would not be able to remain open, but said that their “staff will still be in the area, still be passionate, and still doing everything we can to help people get access to the healthcare they deserve. “
“There is no such thing as an off year for elections,” added Turner. “Local elections are arguably the most important to vote in.”
Incumbent Republican Senator Pat Toomey is retiring and in a battle to claim his seat, Republican nominee Mehmet Oz is going head to head with Democratic Lt. Gov. John Fetterman in a race that could help decide which party controls the Senate post-November.
Celebrity physician Dr. Oz, the Trump-backed candidate, has campaigned as being against abortion rights.
“I will be a bold voice in the Senate and a proud champion for the pro-life movement,” wrote Oz in an op-ed published in the Washington Examiner in early March, adding: “I won’t ever shy away from sharing my pro-life beliefs, even as pro-abortion advocates in medicine, the media, and Big Tech try to silence me."
In December 2021, Oz, who has been endorsed by the Susan B Anthony Pro-Life America Candidate Fund, was asked on Fox News about what he thinks the laws should be on abortion. “I do believe in three exceptions,” said Oz. “The health for the mother being the primary one, but rape and incest as well.”
Marjorie Dannenfelser, president of the Susan B Anthony Pro-Life America organization, said in a statement that Dr. Oz “knows how precious life is and is committed to defending it.”
“Dr. Oz is well equipped to speak to the scientific and medical facts about the humanity of the unborn and will be a strong advocate in Washington,” added Dannenfelser. “The contrast [between candidates] couldn’t be starker, and our team will be working through Election Day to get out the vote for Dr. Oz."
The Democratic nominee for Senate is Lt. Gov. John Fetterman, who has said that he would eliminate the filibuster and codify abortion rights if elected. He opposes any and all restrictions on abortion.
“This has been settled for 50 years and is just plain common sense,” said Fetterman in a statement after the Supreme Court decision came out.
Fetterman has been endorsed by NARAL Pro-Choice America. “John Fetterman is the leader Pennsylvanians need to represent them in the U.S. Senate,” said Mini Timmaraju, President of NARAL Pro-Choice America.
“NARAL Pro-Choice America is proud to endorse Lt Gov. Fetterman in this critical race, and we know we can count on him to boldly fight for abortion rights and access,” added Timmaraju.
Planned Parenthood Votes, a super PAC affiliated with Planned Parenthood, has spent just under $3.5 million in the 2022 election cycle, with $2.9 million of it against Oz, according to the nonprofit Open Secrets.
In Pennsylvania, Democratic Governor Tom Wolf has said he will veto attempts but the republican controlled state legislature when it comes to restricting abortion rights in Pennsylvania. But Wolf is term-limited and is retiring this year.
Democratic Attorney General Josh Shapiro and Republican State Senator Doug Mastriano, who has been endorsed by former-President Trump, are looking to replace him in Harrisburg. Whoever is elected as his replacement will also play a critical role in the future of abortion in Pennsylvania.
The U.S. Supreme Court's decision to eliminate the constitutional right to an abortion caused some chaos in Arizona, where it remains uncertain whether a previous law outlawing the procedure has taken effect.
Abortion providers in Arizona stopped virtually all procedures because of a pre-1901 law banning all abortions that may be in effect. But the state also has a law banning abortion after 15 weeks of pregnancy that Republican Gov. Doug Ducey signed in March. Ducey has insisted it takes precedence over the near-total ban.
This has created some confusion over which law would take precedence.
Planned Parenthood Arizona said in a legal filing in mid-July that the courts need to “harmonize” the state’s two different laws on abortion after Attorney General Mark Brnovich moved last week to reinstate an almost complete ban on the procedure dating back more than a century.
A few weeks ago, a federal judge in Phoenix blocked a 2021 state personhood law that gives all legal rights to unborn children.
A new poll conducted by OH Predictive Insights showed that 52% of registered voters in Arizona disagreed with the Supreme Court’s decision to overturn Roe v. Wade, while 33% of voters in Arizona thought it was the right decision.
Three in five voters in Arizona said their vote would be very or somewhat impacted by the candidate’s stance on abortion.
In the senate race, the three leading republican candidates running to challenge incumbent Democrat Sen. Mark Kelly all support the court’s reversal of Roe v. Wade.
Sen. Kelly is up for re-election this fall in a race that the Cook Political Report has rated as a “toss-up.”
The Arizona Senate race has already turned into one of the most expensive in the country, with Republicans aiming to unseat Democrat Mark Kelly. Campaigns and outside groups have spent tens of millions of dollars to influence Arizona voters.
Over $70 million has already been spent on the race, according to OpenSecrets.
In May, Kelly voted to advance the Women’s Health Protection Act which would protect the right to access abortion care throughout the United States, by writing into law the landmark Roe v. Wade decision. The Senate ultimately failed to advance the act on a 49-51 vote.
“Women should have the right to make their own choices about abortion and when to start a family,” tweeted Kelly. “I’ll do everything I can to protect that right.”
Republican primary candidate Blake Masters, a venture capitalist who has been endorsed by former President Trump for the senate race and is currently the front runner, has backed the idea of a national abortion ban.
“You can’t deprive someone with that without due process. Hard to imagine a bigger deprivation of due process than killing a small child before they have a chance to take their first breath. So I think you do need a federal personhood law,” said Masters at an event in May 2022 in Carefree, Arizona.
A federal personhood law would classify fertilized eggs and fetuses as persons and give them full constitutional protections. It would criminalize all abortions with no exceptions.
Arizona is holding its primary on August 2, 2022.
In 2019, current Republican Governor Brian Kemp, who is up for election this fall, signed a law banning abortion after six weeks.
A federal judge ruled the law unconstitutional and blocked it, but last week a federal appeals court allowed it to take effect after the U.S. Supreme Court overturned Roe v. Wade, which had protected the right to abortion for nearly five decades.
Incumbent Senator Democrat Raphael Warnock, who described himself as a “pro-choice pastor” and voted to advance the Women’s Heath Protection Act, is one of the most vulnerable Democrats in the upcoming midterm elections.
Warnock has made his support for abortion access clear since his first campaign, saying that he believes that abortion is a decision a mother and doctor should make.
On July 18, Warnock spoke on The View and told the panel that a patient’s room is “too small, too cramped a space for a woman, her doctor, and the United States government. I think that’s too many people in the room,” he said. “I stand with women.”
Warnock’s opponent for Senate, former University of Georgia football star Herschel Walker, has taken a staunchly anti-abortion stance, saying he believes the procedure should be illegal even in cases of rape or incest.
In a survey that he filled out for the anti-abortion group Georgia Life Alliance, he said he would “vote for any legislation which protects the sanctity of human life, even if it is not perfect.”
“There’s no exception in my mind,” Walker told reporters after a campaign speech in May. “Like I say, I believe in life. I believe in life.”
Walker has received an endorsement from the National Right to Life group. Carl Tobias, President of the National Right to Life group, said that “Herschel Walker will be a most effective champion for unborn babies and their mothers in Washington, and he has demonstrated the passion and perseverance it takes to win the critically important Georgia Senate race.”
Georgia's race looks to be one of the most closely watched races in the country. Many analysts have predicted that it will be a close race, with FiveThirtyEight declaring it a toss-up, though recent polling has put Warnock slightly ahead of Walker.