Written By Shoshana Iny

Edited By Elizabeth Ferris

Introduction 

Dishes are cleaned, emails are checked, and couches across America are primed and ready for anxious voters across the country who eagerly wait to learn who will be the next President of the United States. The primary focus of international media and American citizens leading up to Election Day was the Presidential race. As voters lined up on November 5th, 2024, the overwhelming majority of citizens focused on their choice between two options: Republican candidate, former President Donald Trump and Democratic candidate, Vice President Kamala Harris (Barbaro & Zernike, 2024). One of the key issues on voters’ ballots was abortion rights, a topic that candidates Trump and Harris profoundly disagreed upon (Rebouché, 2024). While the majority of voters rejected Harris, the Presidential candidate who was a firm advocate for abortion rights, abortion rights themselves emerged victorious in the US election. 

Pre-Election Abortion Landscape 

The overturning of Roe v. Wade sparked nationwide debates surrounding abortion rights in the United States. In June of 2022, in Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court made the historic decision to reverse the longstanding precedent of Roe v. Wade, profoundly altering the landscape for abortion rights across the country (Damante & Jones, 2023). Prior to this decision, the constitutional right to abortion had been upheld for nearly 50 years (Totenburg & McCammon, 2022). The Dobbs decision almost immediately led to the rollback of abortion rights in nearly half of American states, with nearly 22 million women of reproductive age living in states where abortion became illegal or highly restricted just 100 days into Roe v. Wade’s overturn. Notably, Southern states rapidly implemented abortion bans following the Dobbs decision (Berger, 2022). Within half a year of the reversal, state legislators introduced 563 provisions to restrict abortion rights, leading to abortion bans in many states that jeopardized the safety and livelihoods of many women of reproductive age. In many cases, failing to comply with abortion bans could result in jail time for both abortion recipients and providers. Jail time – on top of bans – further restricts access to abortions, penalizing those who fail to comply with abortion bans (Damante & Jones, 2023). 

The challenges associated with the reversal of Roe v. Wade were felt most acutely by marginalized women in Southern states. Prior to Roe v. Wade’s overturn, while Black women only accounted for 15% of the US female population (CAWP, n.d.), they accounted for one-third of abortion recipients, with the majority being low-income women. The Dobbs ruling only exacerbated challenges related to pregnancy and abortion faced by marginalized women (Berger, 2022). According to Damante & Jones (2023), in the abortion rights landscape, there is an important interplay between geography and race; Southern and Midwestern states have high proportions of Black, Hispanic, and Indigenous women, and these states are the ones that faced the most radical stripping of abortion rights in the wake of Dobbs. Since the overturn of Roe v. Wade, income disparities have greatly influenced women of color’s ability to seek abortions. The cost to receive an abortion skyrocketed for women living in the South, as women had to account for transportation costs of driving, bussing, or flying to a state where they could legally receive an abortion, as well as legal fees to defend against potential prosecution. For many members of marginalized communities, these costs were not affordable, making receiving an abortion nearly impossible (Fair Fight Initiative, n.d.). This led many women in Southern states who became impregnated post-Dobbs to face disruptions to their educational plans, thus changing their career trajectories and facing further marginalization (Berger, 2022). Furthermore, disparities regarding abortion access were reflected in health challenges experienced by Black Southern women. Medical complications frequently arose amongst pregnant Black women due to lack of abortion access, resulting in increased hospital fees for already-marginalized people to pay. This further exacerbated inequalities in American society, as many Black women had to pay for medical care and debt, impacting their economic security and well-being. In extreme cases, carrying a pregnancy to term in states with abortion bans has resulted in the endangerment of the pregnant individual’s life – and sometimes even death.  (Berger, 2022). The Dobbs decision perpetuated systemic inequalities in American society, with Black women being disproportionately impacted by abortion bans. 

Abortion on the Ballot

Historically, anti-abortion activists have ballot measures to stimulate abortion restrictions in the US. Between the implementation of Roe v. Wade in 1973 and Dobbs in 2022, anti-abortion lobbyists put forth 40 abortion measures on voters’ ballots across America. Anti-abortion groups would rally their supporters to come out and vote in quieter, smaller-scale elections, expecting low turnouts from those supporting abortion rights (Barbaro & Zernike, 2024). After Dobbs was implemented, anti-abortion groups sought a similar strategy when it came to seeking abortion bans within individual states. Two months after Dobbs, an election in Kansas featured a measure on the ballot put forth by anti-abortion groups, which stated that there was no right to abortion in the state constitution. Despite anti-abortion groups’ previous success in rallying support to pass anti-abortion initiatives on ballots, abortion rights groups showed up and voted against this motion in Kansas (Barbaro & Zernike, 2024). This set forth momentum for abortion rights activists to use the ballot as a means to establish or uphold abortion rights within states. In 2023, abortion rights groups were successful in passing a measure to guarantee abortion rights within Ohio, which was their first success within a Republican state. Abortion rights activists embarked on a successful streak of establishing constitutional rights to abortion within both red and blue states. The majority of these measures established a right to abortion until viability – around the time following 21 weeks of pregnancy – which was the same standard outlined in Roe v. Wade. Therefore, these ballot initiatives were essentially a way to establish the protections of Roe v. Wade within individual states. Leading up to the 2024 US election, abortion rights initiatives on ballots were highly influential, as they guaranteed that, if Trump won – which he did – the Republican legislature would not be able to restrict abortion access in the state because it goes against the state constitution (Barbaro & Zernike, 2024). The understanding that ballot initiatives can work to protect abortion rights provided a sense of ease for abortion rights activists amidst an otherwise tumultuous political arena. 

Proposed Impact on the Election

The large spectrum of perspectives on abortion rights combined with differences in abortion views between Harris and Trump stimulated the consensus that abortion would be a focal point in the 2024 U.S. Presidential Election (Totenburg & McCammon, 2022). Abortion was expected to be the most important factor for one-quarter of American voters, according to a survey of 110,000 voters nationwide (Mulvihill & Fernando, 2024). While one in four does not represent the majority of voters, this was nonetheless a significant share that was considered highly important due to the close nature of polls leading up to election day. Prior to the election, analysts highlighted that Black women – a key voting group that consistently leans Democratic with high turnouts – saw abortion policies as particularly important (McPhillips, 2024). Vice President Harris was vocal about her support for abortion rights immediately after she assumed the role of Democratic Presidential Nominee in August 2024 (Rebouché, 2024). Harris promised that, if elected, she would support legislation that restores the federal right to abortion – should Congress pass the bill (Quinn, 2024). In contrast, former President Trump infamously had inconsistent views on abortion; while he boasted about nominating three Supreme Court justices who voted to overturn Roe v. Wade in 2022, in September 2024 he reversed positions and announced that he would not sign a federal abortion ban. During the presidential debate, Trump refused to answer whether or not he would veto federal abortion bans (Rebouché, 2024). Evidently, despite Trump’s inconsistency on his stance, it remained clear that Harris and Trump starkly differed in their views on abortion policies, which ensured that abortion would be a key factor in the 2024 Presidential Election. 

Election Results

Donald Trump emerged victorious early in the morning of November 6th, 2024, and will be the 47th President of the United States. Trump needed at least 270 Electoral College votes to secure the presidency; he ended with 312 votes, while Harris ended with 226 (NBC News, 2024). As results of control of the House and Senate emerged, analytics described the Republican victories as “Trump’s dream scenario: [the] Republicans won control of the House and Senate in [a] Congress sweep” (Beggin, 2024, para. 1). In theory, this Republican sweep may appear to be detrimental to abortion rights. However, there was a lack of correlation between voters electing Trump as President and supporting abortion bans. In fact, many states that voted Republican also opted to protect abortion rights within the state, leading to what Barbaro & Zernike (2024) called an enormous victory for abortion rights. 

In the 2024 US election, 10 state ballots featured at least one measure on abortion rights, allowing one fifth of American voters to decide whether or not their state constitution protects the rights to abortion (KFF, 2024). The 10 states featuring abortion rights on their ballots were as follows: Arizona, Colorado, Maryland, Missouri, Montana, Nevada, New York, Florida, South Dakota, and Nebraska. Seven states voted to establish abortion rights in the state constitution, resulting in the most substantial victory for abortion rights activists since the overturn of Roe v. Wade in 2022 (Barbaro & Zernike, 2024).

Of the seven states that voted to establish abortion rights in their state constitution, there was a near-even split between blue and red states. While the majority of Arizona, Missouri, Montana, and Nevada voters supported Trump, they nonetheless voted to establish or uphold abortion rights within the state. To no surprise, Colorado, Maryland, and New York went Democrat and also voted to establish abortion rights within the state. Prior to the 2024 election, abortion was banned in Missouri in response to the overturning of Roe v. Wade. However, in the most recent election, Missouri voters sent a clear message that they want to change state rules on abortion, with the majority voting to undo one of the nation’s most restrictive abortion bans (KFF, 2024). Missouri is set to be the first state to undo an abortion ban on all stages of pregnancy; the amendment supported by voters will allow lawmakers to restrict abortions only past the point of fetus’ viability – around the time following 21 weeks of pregnancy. The campaign manager of Missourians for Constitutional Freedom, Rachel Sweet, announced that this decision “made history,” with Missourians deciding that decisions around abortion, birth control, and miscarriage should rest in the hands of doctors and patients, not the government (Mulvihill & Fernando, 2024). Another influential vote occurred in Colorado, where a motion passed that recognized the right to abortion, as well as repealed a previous constitutional amendment that prohibited the use of state funds to provide coverage for abortion (KFF, 2024). Furthermore, in New York, a motion was passed that will amend the constitution’s equal rights amendment to include anti-discrimination protections for pregnancy, pregnancy outcomes, and reproductive autonomy. These protections against discrimination will bar the New York Legislature from enacting abortion restrictions in the future (KFF, 2024). Despite the Republican sweep in the recent US election, abortion rights emerged overwhelmingly victorious in both Republican and Democratic states. 

Conclusion

When fierce abortion rights activist Harris was announced to have failed to secure the presidency against Trump, many women across America were shattered. Women described feelings of fear, anger, and intimidation as Trump became set to resume another four-year presidential term (Williams, 2024). Trump’s victory spurred particular worry against many abortion rights activists, who were concerned about his inconsistent views on abortion protection (Rebouché, 2024). While the woman who stood for abortion rights may not be America’s next president, women across America can – and should – celebrate the monumental victories secured in the 2024 election for abortion rights. As Harris noted in her concession speech, “[t]he fight for our freedom will take hard work” (Time, 2024, para. 8). By virtue of resilient abortion rights activists, if there is one thing women can celebrate from this election, it is the comeback of choice. 

References

Barbaro, M. & Zernike, K. (2024, November 12). Why Abortion Rights Won Even as Kamala Harris Lost. The New York Times. https://www.nytimes.com/2024/11/12/podcasts/the-daily/abortion-rights-election.html? 

Beggin, R. (2024, November 13). Trump’s dream scenario: Republicans win control of House and Senate in Congress sweep. USA Today. https://www.usatoday.com/story/news/politics/elections/2024/11/13/republicans-win-house-senate-2024/75734400007/ 

Berger, M. W. (2022, June 30). Overturning Roe disproportionately burdens marginalized groups. Penn Today. https://penntoday.upenn.edu/news/overturning-Roe-abortion-bans-disproportionately-burden-traditionally-marginalized-groups 

Centre for American Women in Politics. Black Women in Elective Office. https://cawp.rutgers.edu/black-women-elective-office

Damante, R. & Jones, K. B. (2023, June 15). A year after the Supreme Court overturned Roe v. Wade, trends in state abortion laws have emerged. Center for American Progress. https://www.americanprogress.org/article/a-year-after-the-supreme-court-overturned-roe-v-wade-trends-in-state-abortion-laws-have-emerged/ 

Fair Fight Initiative. Overturning Roe v Wade only reinforces systemic racism in America. https://www.fairfightinitiative.org/roe-v-wade/ 

McPhillips, D. (2024, March 7). Abortion is the top issue for 1 in 8 voters in the US ahead of this year’s elections, KFF survey finds. CNN. https://www.cnn.com/2024/03/07/health/abortion-elections-kff-survey/index.html 

Mulvihill, E. & Fernando, C. (2024, November 6). Abortion rights secure major wins across 7 states in U.S. election. Here’s where. Global News. https://globalnews.ca/news/10855922/abortion-rights-advocates-win-us-election/ 

NBC News. (2024). 2024 President Results: Trump wins. https://www.nbcnews.com/politics/2024-elections/president-results 

Rebouché, R. (2024, October 1). Kamala Harris’ and Donald Trump’s records on abortion policy couldn’t be more different – here’s what actions they both have taken while in office. The Conversation. https://theconversation.com/kamala-harris-and-donald-trumps-records-on-abortion-policy-couldnt-be-more-different-heres-what-actions-they-both-have-taken-while-in-office-238172 

Time. (2024, November 7). Read Vice President Kamala Harris’ full concession speech. https://time.com/7173617/kamala-harris-concession-speech-full-transcript/ 

Totenburg, N. & McCammon, S. (2022, June 24). Supreme Court overturns Roe v. Wade, ending right to abortion upheld for decades. NPR. https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-decision-overturn 

Williams, M. E. (2024, November 6). “A wounding disappointment”: Why Kamala Harris’ defeat cuts so deep for women. Salon. https://www.salon.com/2024/11/06/women-react-to-kamala-harris-loss/ 

Quinn, M. (2024, November 7). Trump and Harris’ views on abortion and IVF access, explained. CBS News. https://www.cbsnews.com/news/trump-harris-abortion-2024/