What happens if Kavanaugh is confirmed?

Reproductive rights activists worry that, should Brett Kavanaugh be confirmed to the Supreme Court, there is a very real possibility that Roe v. Wade may be overturned. Without federal constitutional protection, a person’s ability to obtain an abortion would rest with the states, 19 of which adopted anti-abortion laws in 2017.

While there are no abortion-related initiatives or state constitutional amendments on midterm ballots in the DMV*, Virginia, and Maryland have both placed restrictions on abortion access since 2011 — and you can view a database of the laws, people, organizations, and litigation involved in sexual and reproductive health and justice in the United States here.

In addition to coverage from organizations like the DC Abortion Fund and from news outlets like Rewire.News, websites for local government are getting better at making legislation searchable. Here are the most recent abortion measures considered by the DC, Maryland, and Virginia legislatures:

In DC:

The Abortion Provider Non-Discrimination Act of 2017 is currently under Council Review. It would make it illegal under the D.C. Human Rights Act to fire a healthcare professional for participating in or expressing support for abortion care.

In Maryland:

Of six abortion-related measures introduced to the General Assembly this session, only HB 787/SB 629 was successfully enacted. Effective October 1, 2018 this law will mandate medical care for pregnant inmates in Maryland correctional facilities. This will guarantee access to a wide range of provisions, such as counseling, prenatal testing, abortion services, labor and delivery care, and child placement services.  

However, Maryland’s budget bill included a provision stating that Medicaid reimbursements for abortions would be limited to cases of “fetal impairment” cases where a pregnant person’s life or health is  endangered, or pregnancies resulting from rape or incest.

Maryland House Speaker Michael E. Busch has argued for a state constitutional amendment to protect abortion access, but this wouldn’t appear on the ballot until 2020.

In Virginia:

Several bills aimed at increasing abortion access failed to move forward. HB 1231/SB 910 proposed a fundamental right for pregnant people to obtain an abortion and was “passed by indefinitely.” HB 450 called for repeal of the law requiring  physicians to perform an ultrasound and obtain informed written consent from a pregnant person before performing an abortion. SB 133 similarly called for an end to the written consent requirement,  proposing that a pregnant person may waive in writing this requirement, but was “passed by indefinitely.” SB 292 proposed that the Board of Health fund abortions for survivors of incest or rape who reported their rape or incest to a public health agency and qualified for public assistance, but was also passed by indefinitely.

*DC: No ballot initiatives about abortion. Maryland: No Proposed State Constitutional Amendments about abortion. Virginia:  No Proposed State Constitutional Amendments about abortion.

By volunteer Rebecca K.