With the 2024 presidential election around the corner, presidential candidates Donald Trump’s and Kamala Harris’ proposed abortion policies have separate implications for the future of abortion in the United States. No matter who wins, reproductive healthcare experts, providers, and advocates say it is possible that abortion access in Indiana may stay restricted, including the current abortion ban in the state.
Presidential candidates on abortion
Trump, the Republican candidate, has been inconsistent and not made a definitive statement on his future abortion policies. However, Trump most recently proposed that abortion policy should be chosen individually in each state.
Trump said he would veto a federal abortion ban but would allow states to choose any restrictions for their citizens. He has also called himself the most “pro-life president” in U.S. history. Trump also suggested he would attempt to restrict access to the abortion pill mifepristone during his presidency.
Harris, the Democratic candidate, has alternatively based much of her candidacy around protecting abortion access. She said she would codify Roe v. Wade if elected, which would restore federal protection for abortion. Harris does not support states being able to individually ban abortion. She also supports access to mifepristone.
If Trump were to be elected, the abortion rights landscape of the U.S. would likely be similar to how it is today. Since the end of Roe v. Wade, states have been able to make abortion legislation decisions on their own. Forty states have developed their own abortion bans or restrictions, while 10 states have kept abortion fully legal with no gestational limit.
Ten states have no abortion restrictions, 20 states allow abortion until fetal viability, eight states have more restrictive gestational limits and 13 states have banned all abortion.
Under Harris’ proposed abortion policy and reinstallation of Roe v. Wade, all states would be prevented from individually banning abortion, and abortion rights would be universal for all people in the nation.
However, it could be difficult for Harris, if elected, to make abortion legal nationally. Though Harris can advocate for abortion rights and reinstalling Roe v. Wade, Congress would ultimately decide the legislation. With the Republican majority in the U.S. House, it is unlikely that federal abortion protection will be passed by Congress.
The current filibuster in the Senate is also a roadblock for either future president when attempting to implement their political agendas. Harris has expressed her support for eliminating the filibuster, specifically for Roe v. Wade. To do this, a new Senate precedent would need to be set or the text of Senate Rule 22 would need to be changed. Both are somewhat complicated processes.
Besides overruling the filibuster, Harris could give executive orders to protect certain aspects of abortion care, though these orders can be challenged and terminated in court.
What kind of abortion access is available in Indiana now?
Indiana currently has a near-total abortion ban that prohibits all abortions with the slim exceptions of saving the mother’s life, avoiding serious health risks in the mother, avoiding fetal anomalies or in the cases of rape or incest. Abortions permitted in the cases of rape or incest are restricted to procedures done no later than 10 weeks after fertilization.
Because of the abortion ban in Indiana, woman have been forced to take alternative routes to receive abortion care. Indiana’s abortion ban, along with all other U.S. states that have abortion bans, does not bar residents from traveling across state lines to get an abortion. Indiana borders Illinois, which allows abortion until fetal viability, Michigan, which has no abortion ban or restriction, and Ohio, which allows abortion up to 21 weeks and 6 days.
“So, in some ways we are ‘lucky’ in the fact that we are a state where abortion is banned, but we have states all around us that are very accessible,” Forest Beeley, Indiana programs director for All-Options, said. “For folks, it’s still so frustrating to have to travel two hours each way for your abortion, but people in parts of Indiana were doing that before the ban went into effect.”
All-Options is a national organization that helps people access pregnancy, parenting, abortion, fertility and adoption resources.
All-Options’ only physical resource center is in Bloomington on Walnut Street. At the resource center, diapers and parenting supplies are provided. All-Options also runs Indiana’s only abortion fund, which allows them to give hundreds of thousands of dollars per year to Indiana residents who need abortion care.
“We fund around 60 to 80 abortions per month,” Beeley said.
Another resource for people seeking abortions in Indiana is Planned Parenthood. There are Planned Parenthood centers in Michigan, Ohio and Illinois that are open to serving residents of Indiana. Specifically, Planned Parenthood Flossmoor Health Center in Illinois is available for Indiana residents.
“Our center in Flossmoor was actually built to be able to serve those Indiana residents,” Jocelynn Gil, assistant health center manager for Flossmoor Planned Parenthood, said. “We are 15 to 20 minutes from the Indiana border, so we have always seen a high volume of patients from Indiana.”
Flossmoor has seen a 40% increase in abortion care patients since Roe v. Wade was overturned. The percentage of people coming to Flossmoor from out of state for an abortion rose from about 2-3% to about 25% after federal protection of abortion rights ended in 2022, according to Gil.
Traveling for an abortion, though legal, can be difficult.
“Folks still have to find a provider, find a way to take care of their kids, find a way to get there if they don’t have a car, figure out how to pay for gas, how to take time off work,” Beeley said. “All of these barriers still exist.”
Planned Parenthood provides help for traveling patients.
Their team of abortion navigators are available to help assist patients, especially out of state patients who require extra resources. Gil said these abortion navigators can help people seeking abortions with costs of lodging, travel, food, gas and the procedure itself.
Indiana “trap laws”
Even if federal protection of abortion rights was restored nationwide, there may still be laws that make abortion less accessible in the state.
“The state of Indiana has shown repeatedly, year after year, that it is not a safe place for pregnant people to live,” Beeley said.
Trap laws, such as the 18-hour waiting period, clinic requirements and ultrasound requirements are laws created by states that make it difficult for doctors to provide proper abortion care.
“It doesn’t matter who wins the election, that’s not going to change,” Beeley said.
Impacts of abortion bans and restrictions
The U.S. has the highest number of deaths from pregnancy or childbirth complications out of all developed nations. Of these deaths, 4 out of 5 could be prevented by making abortion legal and accessible, according to CNN Health.
Banning abortion can also have an economic impact on people’s lives, especially minorities. Additionally, women’s lives are put at risk when abortion bans or restrictions are enforced.
Lucrecia Mena-Meléndez said abortion bans and restrictions unfairly disadvantage low-income communities. Individuals who cannot economically access abortion or reproductive healthcare may attempt abortions using unsafe methods which increases the risk of complications or death, as well as long term health issues.
Banning abortion does not completely stop people from getting abortions.
“Bans and restrictions don’t lessen the need for abortion care,” Mary Jane Maharry, director of communications and marketing at Planned Parenthood Illinois, said. “It just causes people to have to overcome more barriers to try and access the care that they need and deserve.”
Statistics show that even before the Dobbs decision, about 68,000 women died from unsafe abortions or abortion attempts each year. Unsafe abortions cause about 13% of maternal deaths.
The number of maternal and newborn deaths is higher in states with abortion bans or restrictions than in states with accessible abortion. The rate of infant mortality rose from 6.7 in 2021 to 7.2 in 2022, when Roe v. Wade was overturned.
“There’s so many layers to what may or may not happen based on the national stage,” Beeley said. “And I think that’s why it’s so important also to make sure that folks are voting for their state and local officials because votes can really make an impact.”
