Reproductive rights were the cornerstone of Democratic campaigns in 2024, and on that issue they triumphed. Before this election 27 states had followed the Supreme Court’s instructions and instituted laws regulating abortion access, many if not most, now have abortion rights embedded in their state constitutions. This election added eight more. Now, 35 states have made abortion rights more secure than ever. Even conservative states such as Missouri and Montana that voted for Trump by large margins passed ballot initiatives legalizing abortion.
The fractionalization of abortion rights laws makes it a complicated issue to discuss; for example, I consider abortion banned completely in a state with a 6-week ban because most women don’t know they’re pregnant at that point. Some states have no limits, for others the limit is viability or a certain number of weeks, and there are some exceptions to the more strict laws, such as incest, rape, or medical emergency. It is always the woman’s responsibility to take care of herself up to a point, and now at least she has a chance in most states.
Trump has campaigned since 2016 on an anti-abortion platform, so he has lost massively on this critical issue. The overturning of Roe v. Wade was considered a victory for Republicans, but voters have turned that victory on its head. The Supreme Court’s rulings, including dissents and concurrences, stated that the Court has had its final word on abortion, washes its hands of the issue, and hands it back to the states. The states have obeyed them, and the result has been a stabilization of abortion rights in 37 of our 50 states. Trump may have plans to dictate a national ban either legislatively or administratively, but the Supreme Court has clearly stated that they don’t want to consider any more cases involving abortion. I would be astounded to learn that the Court gave up control over the issue with the expectation that abortion would become more solidly embedded in laws across the country.
This leaves some states, like South Dakota, barren of reproductive rights,and they’ll have to deal with the consequences. Texas has suggested prosecuting people who ferry women to other states for abortions, and there’s been some talk of central monitoring of women’s reproductive status. States banning abortion will have to resort to heroic measures such as these to prevent their state’s women from going elsewhere for healthcare. Imagine the number of law enforcement personnel that would be necessary in order to detect all pregnant women crossing the state line!
Having won decisively on the issue of reproductive rights, their key issue for decades, what will be the Democrats’ next key issue? I nominate, DACA, Deferred Action for Childhood Arrivals. Liberal-minded citizens have proven that they can influence life in this country even without winning an election if they make a clear and strong case for certain issues. This is a salvage operation, and we have to begin somewhere.