In 2016, 18 states enacted 50 new abortion restrictions, bringing the number of new abortion restrictions enacted since 2010 to 338. Although state-level assaults on abortion access continued, 16 states took important steps in 2016 to expand access to other sexual and reproductive health services, adopting a total of 28 proactive measures. Many of these measures expand access to contraception by requiring health plans to cover an extended supply of contraceptive methods (five states), authorizing pharmacists to dispense contraceptives without a physician’s prescription (one state) or expanding insurance coverage of contraception (three states).

Aside from legislation, the most notable event of 2016 related to reproductive health access was the U.S. Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt in June. That decision struck down abortion restrictions in Texas that had required abortion facilities to be the equivalent of ambulatory surgical centers and mandated abortion providers have admitting privileges at a local hospital; these measures had greatly diminished access to services in the state. Notably, the Court’s ruling underscored the need to consider scientific evidence, and not just lawmakers’ beliefs, in evaluating the constitutionality of abortion restrictions.

Unfortunately, just months after that landmark ruling, the election of Donald J. Trump raised the specter that the Supreme Court—if dramatically reshaped by the new administration—could place abortion rights for women across the country very much in jeopardy. Moreover, the resurgent Republican party—having maintained antiabortion majorities in both chambers of Congress—is undoubtedly planning an aggressive assault on sexual and reproductive health and rights. The Republican platform adopted in 2016 takes its cue from the states, naming many of the abortion restrictions that have received the most attention from state legislators in 2016, including banning abortions at 20 weeks postfertilization, outlawing dilation and evacuation abortion, restricting fetal tissue donation and research, and banning abortion for purposes of sex selection and genetic anomaly.

Trump’s victory also threatens the federal contraceptive coverage guarantee included in the Affordable Care Act (ACA). Overturning the ACA overall is a key goal of the incoming administration; more specifically, Vice President-elect Mike Pence has repeatedly promised action on the contraceptive coverage guarantee. Regardless of how this drama plays out in the coming months, states will continue to have a critical role to play. Twenty-eight states have a state-level contraceptive coverage guarantee. Most of these measures require insurers to cover the full range of FDA-approved methods, and laws in California, Illinois, Maryland and Vermont require this coverage with no cost sharing (see Insurance Coverage of Contraceptives). Expanding insurance coverage of contraceptive services under private insurance has been a significant focus of state legislators supportive of women’s reproductive health care; in the last three years, those same four states have moved to expand access to contraceptive coverage in some form.

Restricting Abortion Access

The 338 state abortion restrictions adopted since 2010—the year antiabortion forces took control of many state legislatures and governors’ mansions—account for 30% of the 1,142 abortion restrictions enacted by states since the 1973 Supreme Court decision in Roe v. Wade. These restrictions greatly shape the landscape facing women seeking to access abortion care.

By 2016, more than half of all states had at least four of the 10 major types of abortion restrictions* and so are considered hostile to abortion rights. Notably, nearly all the states in the South, along with most of those in the Midwest, are considered hostile. Fully 22 states have six or more restrictions, enough to be classified as extremely hostile to abortion rights.

In 2016, 57% of American women of reproductive age lived in a state considered either hostile or extremely hostile to abortion rights. Only 30% of women lived in a state supportive of abortion rights (a state with no more than one type of restriction), and 13% lived in a middle-ground state (a state with two or three restrictions). For the 38% of all reproductive-age women who live in the South, chances of living in a state supportive of abortion rights are particularly low: Only 5% live in a supportive state (Maryland), while 93% live in a state that is hostile or extremely hostile to abortion rights. By contrast, 62% of women in the Northeast live in a supportive state, and only 24% of women in that region live in a state that is considered hostile.

Five abortion-related topics received particular attention from state lawmakers in 2016:

Making Proactive Progress

Between 2001 and 2016, states have enacted 214 legislative measures aimed at expanding access to abortion, contraception and related services and education. Two-thirds of these provisions fall into five categories: comprehensive sex education (44 measures), contraceptive coverage (30 measures), access to emergency contraception (25 measures), Medicaid family planning expansions (20 measures) and expedited partner treatment for STIs (18 measures). The remaining proactive measures address issues such as criminalizing violence at abortion clinics, repealing pre-Roe abortion restrictions, expanding access to family planning services, requiring insurance coverage of infertility and STI services, protecting enrollee confidentiality with regard to medical care and allowing minors to consent to reproductive health care services.

Efforts to make proactive progress picked up dramatically in 2013, after a considerable lull in 2010–2012. Significantly, the 28 proactive measures enacted in 2016 represent the highest number of proactive measures on reproductive health issues enacted in state legislatures in the past 16 years. Expanding access to contraception was a particular focus of legislators in 2016, with three types of measures commanding major attention: