Here Is Where Every State’s Abortion Legislation Currently Stand Now That Roe Has Been Overturned

A celebration outside the Supreme Court, Friday, June 24, 2022, in Washington. The Supreme Court has ended constitutional protections for abortion that had been in place nearly 50 years — a decision by its conservative majority to overturn the court's landmark abortion cases. (AP Photo/Steve Helber)

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WASHINGTON

Political control: The Democrats who control the Washington Legislature support access to abortion, as does the state’s Democratic governor.

Background: Abortion has been legal in Washington state since a 1970 statewide ballot referendum. Another ballot measure approved by voters in 1991 declared a woman’s right to choose physician-performed abortion prior to fetal viability and further expanded and protected access to abortion in the state if Roe v. Wade was overturned. And in 2018, the Legislature passed a measure that would require Washington insurers offering maternity care to also cover elective abortions and contraception. Earlier this year, Gov. Jay Inslee signed a measure that grants specific statutory authorization for physician assistants, advanced registered nurse practitioners and other providers acting within their scope of practice to perform abortions. Supporters say the move is designed to help meet the demand from the potential influx of out-of-state patients. That same measure also prohibits legal action by Washington state against people seeking an abortion and those who aid them.

Effect of Supreme Court ruling: The state “will use every available tool to protect and preserve Washingtonians’ fundamental right to choose, and protect the rights of anyone who wants to come here to access reproductive health care,” said Attorney General Bob Ferguson, a Democrat. Data from the Washington state Department of Health from 2020 shows that of the 16,909 abortions performed in the state that year, 852 involved non-residents. The majority of those people came from neighboring states such as Idaho and Oregon.

What’s next: It’s impossible to predict how many more non-resident patients will potentially seek care in Washington now that Roe v. Wade has been overturned, but the increase will likely be in the thousands, said Jennifer Allen, CEO of Planned Parenthood Alliance Advocates. The state has more than 30 in-person abortion clinics, though the vast majority are in western Washington along the Interstate 5 corridor.

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