Advocates for abortion rights have expressed concerns that the 2022 U.S. Supreme Court decision could lead to severe repercussions for women seeking abortions, including tracking them and potentially charging them with murder. While no state has implemented such measures, recent discussions in some legislatures across the nation have revived these previously sidelined ideas.
In Oklahoma, legislators recently voted down a proposal that would have permitted murder charges against women who obtain abortions after a public hearing. North Dakota similarly dismissed a comparable proposal following floor debate. These types of bills have been introduced previously, but have faced opposition, largely due to the stance of significant anti-abortion organizations.
In Missouri, legislators are considering a bill that would mandate the establishment of a database for pregnant women identified as “at risk” of seeking abortions. This legislation would require the state Department of Social Services to set up a new division dedicated to maintaining a registry of these expectant mothers and managing a list of prospective adoptive parents. House Speaker Jonathan Patterson indicated that while he supports adoption initiatives, the bill lacks widespread backing among his fellow Republicans, especially given its estimated annual cost of $30 million.
There is concern surrounding the implications of such a registry, particularly regarding the privacy of individuals. “There is some question about the central registry and databases,” Patterson noted, underscoring the need for stronger protections for personal information. Nonetheless, some proponents believe that the measure counters the claim that the pro-life movement lacks concern for women and children post-birth, as stated by Missouri Right to Life’s executive director, Susan Klein.
Fears regarding the tracking of pregnant women are not new, according to the Planned Parenthood Federation of America, which claims the Missouri proposal is unprecedented. Advocates for abortion rights have long worried that disclosing reproductive health information might facilitate intrusive advertising or legal scrutiny. Efforts have been made in several Democratic-led states to secure such health data in recent years.
Katie Knutter, executive director of Wellspring Health Access in Wyoming, highlighted the anxiety reported by out-of-state patients regarding surveillance by their home states when seeking abortion services. She explained that heightened media coverage around these issues has increased awareness among patients, leading to significant worry.
In recent legislative sessions, Oklahoma’s Senate Judiciary Committee voted against a bill that would have allowed for murder charges against women obtaining abortions, with consequences that could include capital punishment or life in prison. Similarly, a North Dakota bill with like provisions received a substantial rejection in the House. Prominent groups such as the National Right to Life Committee and Susan B. Anthony Pro-Life America have consistently urged lawmakers to steer clear of those proposals, emphasizing that women often feel pressured into having abortions and should not face penalties.
Some conservative legislators, however, hold a different view, arguing that legal gaps exist. Sen. Dusty Deevers, who advocated for the Oklahoma measure, commented on the alarming influx of abortion pills accessed through telehealth and shipped from other states, highlighting a survey which indicated that nearly 1,000 telemedicine abortions occurred in Oklahoma during the second half of 2023. Statistics from the Guttmacher Institute also indicate that by 2023, a significant portion of abortions performed in formal healthcare settings nationally involved medical pills.
Concerns surrounding potential investigations into miscarriage cases, the likelihood that such extreme measures might galvanize support for constitutional amendments favoring abortion, and the challenges of enforcement were expressed by various lawmakers across party lines. Various anti-abortion measures in other states, such as Idaho and Indiana, seem unlikely to progress at this time, though proposals have also emerged in South Carolina and Texas.
