One Year Post-Roe: A Look at the Harms and the Protections

by Aster Dyer

A year ago today, in the Dobbs v. Jackson decision, the Supreme Court overturned the landmark 1973 case, Roe v. Wade, that made abortion legal across the U.S. This action activated “trigger laws” in 13 states that automatically banned abortion, most with no or limited exceptions. 

If you are curious about the laws in your state and surrounding states, check out the Guttmacher Institute’s interactive map of the abortion landscape by state. I encourage you to know what birthing people in your state and surrounding states are facing, especially if you are a birth worker.

Legislation That is Harming Access to Abortion Healthcare

As you know, additional legislation that harms access to abortion had been enacted both before and after Roe was overturned. Here’s a look at some of the actions that have limited access to abortion healthcare:

Some states also have pre-Roe bans still technically in place, one of which is being enforced in Oklahoma. New bills are also emerging. The governor of Idaho, for example, just signed a first-of-its-kind bill that would classify anyone helping a minor get out of state for an abortion without parental consent as a human trafficker. Bills like this harm children and teens who may be victims of abuse or have unstable or unsafe family situations.

The Dobbs ruling and its attack on the constitutional right to privacy as outlined in Roe have also emboldened lawmakers in many states to increase campaigns against bodily autonomy with bans on gender-affirming care and proposed legislation targeting certain forms of birth control. Many activists and advocacy organizations have expressed fears that these right-wing politicians and judges will soon set their sights on same-sex marriage and LGBTQ+ rights in general. It brings to mind the oft-cited quotation by Martin Niemöller, “First they came for…”

Five women and two healthcare providers in Texas are suing the state over the unclear language around the exception to the state’s abortion ban for situations that threaten the life of the pregnant person. The Center for Reproductive Rights has provided their representation and asserts that these women were denied proper medical care because of their doctors’ fear of prosecution.

Legislation That is Protecting Access to Abortion Healthcare

Meanwhile, other states have adopted measures protecting abortion rights and making actions to secure access to folks near and far who need abortions.

One protection to note is Washington’s shield law. Several states are stockpiling abortion medications to ensure access amid court challenges. Kansas held a referendum on abortion last year that showed an overwhelmingly negative response to the idea of banning abortion, much to lawmakers’ surprise, with voters choosing to keep abortion legal in the state. 

Clinics in abortion-friendly states are absorbing significant numbers of patients from surrounding states where abortion is banned or has been made less accessible. For instance, Whole Woman's Health has moved one of its clinic locations from the Rio Grande Valley in Texas to Albuquerque, New Mexico in response to Texas’ ban. Additionally, New York City has created an online Abortion Access Hub that allows abortion seekers to find clinics, financial assistance, and logistical support to travel there for care.

Working with the “Gray” Area

There are lots of organizations and folks that are showing up to work with the “gray” area of all of this legislation, to increase access to abortion. Some of those initiatives are noted below:

Here in Texas, where I reside, people are still seeking other types of care related to abortion services like pre-abortion counseling, early pregnancy detection, and post-procedure check ups. Austin Women’s Health Center offers dating ultrasounds and follow up care to Texans seeking abortions out of state. Abortion funds are helping people in states with active bans with travel expenses and other practical support needs.

While the U.S. Court of Appeals for the 5th Circuit decided recently to limit the availability of mifepristone in pharmacies after a lower court in Texas revoked its FDA approval, many telehealth abortion services like Hey Jane, Just The Pill, and Plan C are still operating (as of this writing in April 2023)

Aid Access offers advanced provision of abortion pills to people who anticipate needing them in the future, even before they might become pregnant. Emergency contraceptives like Plan B and Ella (although the latter is only available by prescription) are still legal for now and should be available in all 50 states. AbortionFinder.org is a great resource for folks who don’t know where to start, and most abortion funds offer some degree of case management for people seeking services.

Showing Up in Solidarity

In the face of these brutal assaults on our rights and dignity, we must stand firm in solidarity and support each other. Reproductive justice teaches us that our struggles for bodily autonomy are inextricably linked to the subjugation and oppression of all other marginalized identities. Disability rights, trans and other LGBTQ+ rights, reproductive rights, and racial justice are all intertwined, as no one has just one singular identity that defines them.

Although protests have erupted in many places since the Dobbs decision, there is always more we can do to ensure the safety and access of abortion care, especially as care workers ourselves. We must not become complacent in the face of these bans. Even under Roe, barriers like the Hyde Amendment and TRAP laws made abortion difficult to access in many places in the U.S.

Check out BADT’s Abortion Doula courses (Canada and US versions) here to join the movement.

Aster Dyer (they/them) is a queer, master’s-prepared nurse living on Karankawa land now known as Houston, Texas.

They obtained a B.S. in Psychology with a minor in Education from the University of Houston in 2014 with no real plan for what to do afterward. They worked in preschools during and after undergrad with kids from 6 weeks to 4 years old. In 2016 they began volunteering with a practical support abortion fund, and then got a job as a counselor at their local clinic. They enjoyed the work so much that they applied for nursing school, and in 2020 they finished a Master of Science in Nursing, Leadership in Diverse Settings track from the University of Texas at Austin. They also earned a teaching certification from the National League for Nursing.

Once they became a nurse, they worked at another independent abortion clinic until moving to San Francisco, where they joined a full-spectrum OB/Gyn practice. After a year there, they moved back to Houston to be closer to family, and now they are starting a position in Labor & Delivery in the Texas Medical Center. They aspire to become a nurse-midwife in order to provide abortions as well as gender-affirming and prenatal care in their community.