Gov. J.B. Pritzker is calling a special legislative session next month to consider additional pro-choice legislation in wake of the U.S. Supreme Court's ruling overturning the constitutional right to an abortion.
Pritzker on Friday called the court's reversal of Roe v. Wade an "abhorrent decision" that "contradicts the nation's history of expanding rights."
"Privacy rights are being eviscerated right before our very eyes," the first-term Democrat said at a Chicago press conference. "If they can take away your ability to control your own body, there's not much that stops them from making marriage equality illegal and taking away employment protections for your beliefs or your orientation."
Pritzker
"We are headed down a dangerous spiral that will erode our democracy," said Pritzker, who will face an opponent of abortion in November regardless of the outcome of Tuesday's primary election. All the candidates running in the GOP primary for governor have taken anti-abortion positions.
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Up to 26 states could see abortion banned or several restricted, including every state surrounding Illinois.
Abortion will remain legal in Illinois due to a series of laws passed in recent years, including the Reproductive Health Act of 2019, which enshrined reproductive health care — including abortion access — as a “fundamental right” in the state.
But, Democratic lawmakers are eager to act and, in Pritzker's words, "more firmly protect women’s reproductive rights in Illinois and address the challenges posed by this radical Supreme Court decision."
Pritzker declined to say what specific measures he would like the legislature to take up, but said it could include "expanding the availability of health care professionals" to handle the coming influx of out-of-state patients.
This could include allowing advanced practice clinicians such as nurse practitioners and physician assistants to perform in-clinic abortions. Currently, they can only prescribe abortion-related medication.
Another is House Bill 1464, which would prevent a licensed doctor in Illinois from being disciplined in Illinois if another state suspends or revokes their license for performing an abortion. It passed the House but wasn't considered by the Senate before they adjourned earlier this year.
Senate President Don Harmon, D-Oak Park, and House Speaker Chris Welch, D-Hillside, both indicated support for a special session.
"Together, we are committed to taking swift action to further enshrine our commitment to reproductive health care rights and protections," Pritzker said.
However, state Republicans bristled at the need for one, noting that abortion remains legal in Illinois regardless of the court's decision.
"Illinois Democrats have already passed the most progressive abortion laws in the country, including allowing a minor child to get an abortion without notifying their parents," said House Minority Leader Jim Durkin, R-Western Springs. "This ruling will do nothing to protect those young girls in Illinois."
Durkin
Illinois Senate Minority Leader Dan McConchie, R-Hawthorn Woods, accused Pritzker and Democrats of wanting "to push Illinois to the utter extreme on abortion policy."
"This is clearly not what mainstream Illinoisans want," McConchie said. "While the governor is calling for a special session to act on these and potentially other extreme measures, Illinoisans are trying to deal with soaring prices and massive grocery bills that are leaving families hopeless. Instead of dealing with these vital issues, Pritzker is embracing an extreme agenda that will make Illinois an outlier even amongst the most liberal states."
Specific dates for the special session were not immediately released, but many expect it to occur following the July 4 holiday weekend.
Here is a sampling of the reaction from Illinois elected officials and activists:
Terry Cosgrove, CEO of Personal PAC
“Roe was overturned because we lost elections. Now that they have defeated Roe on a national level, anti-choice extremists are coming for pro-choice states like Illinois. Protecting Illinois will come down to electing pro-choice leaders in the Illinois Supreme Court, Governorship and General Assembly in the 2022 election. If we do not win in 2022, Illinois could see the end of abortion access and the enactment of laws similar to those in Texas and Oklahoma."
Amy Gehrke, executive director of Illinois Right to Life
"Today is an absolutely joyous day for the most innocent members of the human family and their mothers. Thanks to the court’s bold action, countless lives will be saved. Here in Illinois our work is just beginning thanks to our radical laws, but today is a day of celebration."
Democratic Party of Illinois chair U.S. Rep. Robin Kelly, D-Matteson
“In states across the nation, this decision ends the right for millions of women to access safe reproductive health care. However, the right to safe, accessible abortion is still legal here in Illinois. Illinois Democrats have enacted some of the strongest reproductive health access laws of any state in the nation, and we will continue to serve as a haven for women across the Midwest and the country who need access to abortion."
Illinois Republican Party Chair Don Tracy
"Today, millions of prayers have been answered. Abortion is a very difficult and controversial topic in which real lives — of both mothers and babies — are deeply affected. Because of this monumental ruling, the regulation of abortion is now being left to individual states as it should be. I support our state party platform that values the dignity of all life, from conception to natural death, and applaud the six Supreme Court Justices who had the courage to be real judges instead of judicial legislators. Judges should interpret the law, not make law.
U.S. Rep. Rodney Davis, R-Taylorville
“This is a historic and incredible day for Life and the unborn in America, a day that all of us in the pro-life movement have been praying for and working towards. The Supreme Court was absolutely right to overturn previous, wrongly-decided abortion decisions. Nothing in the Constitution confers the right to an abortion. As a pro-life lawmaker with a 100 percent pro-life voting record, I have advocated for years that the Court overturn Roe.
U.S. Rep. Darin LaHood, R-Peoria
"As a father of three and a Pro-Life advocate, I applaud the Supreme Court's decision in the Dobbs case, returning the question of abortion to the states and to the people. In Congress, I stood proudly with the growing Pro-Life movement to advocate for the Supreme Court to reconsider Roe v. Wade, and this decision is a huge victory for the sanctity of life.
U.S. Rep. Mary Miller, R-Oakland
"A joyous victory for Life! The end of Roe is the beginning of a new chapter, where we embrace a culture of life with a reverence for all of God's children. I applaud President Trump, who delivered on his promise of a Court that would honor the Constitution and our sacred right to life. Please join me in praying for all the unborn victims of Roe v. Wade and for the women who have been deceived by the cruel abortion industry
Senate President Don Harmon, D-Oak Park
"This decision turns the clock back to a time when women did not have autonomy over their own bodies and died trying to access health care. Over the past few years, we took many steps in Illinois to affirm a woman’s right to make decisions about her own body."
"As long as there is a Democratic majority in the Illinois State Senate, we will continue to protect those rights.”
Illinois House Speaker Chris Welch, D-Hillside
"I’m grateful that in Illinois we’ve prepared for this day. Thanks to strong women and fierce advocates we have codified reproductive health care into law, and we will always trust women to make their own health decisions."
"Today our nation is taking an enormous step backward but, regardless of what any conservative judges say, in Illinois we will never waver in our fight to ensure every person has the right to safe, accessible reproductive care.”
What the Roe v. Wade reversal means for abortion access across America
What a Roe v. Wade reversal could mean for abortion access across America
A leaked Supreme Court draft ruling that would overturn Roe v. Wade, dated in February and published May 2 by Politico, was confirmed as authentic by Chief Justice John Roberts on May 3.
Votes can change between initial drafts and final rulings, and abortion is still legal in all 50 states and Washington D.C. Still, the leaked document sparked shock, outrage, and protests among those who see the document as a harbinger of what’s to come when the final ruling is announced in June or early July. The publication of the court’s initial draft is unprecedented in history and has been compared by some to the release of the Pentagon Papers.
To explore what overturning Roe v. Wade might mean for abortion access across the United States, Stacker analyzed data from the Guttmacher Institute’s driving distance dataset that aggregates population data at a geographic unit between 600 and 3,000 people. This dataset further determines the median distance from abortion clinics for women of reproductive age—defined in this analysis between the ages of 15 and 49—across 26 states likely to ban or severely restrict abortion access should Roe be overturned. Although Guttmacher’s data relies on census data, which collects gender data as binary, abortion access impacts people beyond those who identify as women.
The landmark 1973 Roe v. Wade decision put federal protections for abortion rights in place for the first time in U.S. history, marking a major victory for reproductive freedom. But the integrity of Roe eroded over the last few decades. Particularly in recent years, states like Mississippi and Texas have brought legal challenges to the decision by imposing increasingly restrictive abortion laws. These challenges coincide with a new, 6-3 conservative majority on the Supreme Court.
Between 2012 and 2017 alone, at least 276,000 people received abortions outside their home states. And while restrictive bans are still unenforceable right now, some legal experts warn conservative states may next attempt to criminalize traveling to other states for abortion services should Roe be overturned.
An estimated 26 states would certainly or likely move to ban abortion if Roe is overturned, according to the Guttmacher Institute. This would disproportionately impact abortion access for those with limited financial resources. The most commonly cited reason for seeking an abortion was “socioeconomic concerns,” according to a 2017 study of people who got abortions across 14 countries, including the U.S. Abortions in the U.S. can cost up to $750, depending on the state, clinic, and health insurance coverage, a number that does not include the additional costs associated with crossing state lines, including travel and lodging.
Christie Citranglo contributed reporting for this story.
Current bans limit abortion access and set precedent for more barriers
Until a decision is reached by the Supreme Court this summer, abortion will remain legal in all 50 states and Washington D.C. Overturning Roe v. Wade would not immediately outlaw abortion across the U.S., but it would give states the right to determine the legality of the procedure.
Under current conditions, at what stage and under what circumstances abortions can be performed varies from state to state. In those with the tightest restrictions, multiple bans exist to limit access now and potentially in the future should Roe fall. Bans on abortions after six weeks of pregnancy are enacted in 13 states and are among the most restrictive laws on the books.
Thirteen states have trigger bans that effectively signal intent and establish preemptive legislation to ban abortion in the event that Roe is overturned. If a reversal ruling is reached—acting as the trigger—then the proactive laws established in these states would take effect almost immediately.
Near-total bans include laws that restrict all abortions with certain exceptions like saving the life of the parent or cases of rape.
Some states had abortion bans in place prior to the Roe decision, which became unenforceable after 1973. If Roe falls, these states could seek to reinforce these bans assuming they were never declared unconstitutional.
Four state constitutions have amendments that declare they are not obligated to protect a right to abortion.
Travel distance for abortion access could increase by hundreds of miles
A person seeking a legal abortion in the U.S. travels on average 25 miles to reach a clinic. If Roe v. Wade is overturned, that average distance could increase to 125 miles as clinics in states with abortion bans would likely be forced to close, according to the Myers Abortion Facility Database.
This travel burden becomes more severe in regions experiencing disproportionately low access to reproductive health care and states with restrictive anti-abortion legislation. The north-to-south corridor between North Dakota and Texas, for example, has a high concentration of counties already traveling roughly 250 miles to reach an abortion provider. Some even travel up to 350 miles.
Disparities in abortion access similarly exist in the southern U.S. In the possible reversal of Roe, travel distances in Louisiana could increase from 37 miles, or around half an hour of driving time, to 666 miles just one way—representing more than 11 hours of nonstop driving, and the largest increase in distance of any state.
Residents could have to travel as far as Maryland for legal abortions, according to Michelle Erenberg, director at reproductive health advocacy group Lift Louisiana, in an email interview with Stacker.
“Lawmakers have become much more radicalized in their views on abortion,” Erenberg said, “which has led to more radical policies.” She pointed to new legislation up for review in her home state, HB813, or “The Abolition of Abortion in Louisiana Act of 2022.”
“Under this law, Louisiana can refuse to comply with decisions of the U.S. Supreme Court,” Erenberg said. “Abortion would be considered a homicide, and attempting to get an abortion could be prosecuted as attempted murder or criminal battery.”
Increased travel distances bring increased travel costs, potentially longer wait times to receive care, and time away from work and familial responsibilities. These barriers will disproportionately affect low-income Americans' access to safe and legal abortions.
A 2021 study published in the Journal of the American Medical Association revealed that increases in distance to the nearest abortion care facility were associated with significant reductions in legal abortion rates. Conversely, when travel distances were reduced, legal abortion rates increased. Researchers estimate there would be more than 70,000 additional legal abortions each year if disparities in travel distances were eliminated.
It should be noted determining the exact number of illegal abortions and pregnancies reluctantly carried to term due to a lack of care is difficult to quantify as this data on this is often not reported or logged.
Clinic states brace for an influx of abortion patients
The influx of abortion seekers to so-called clinic states—or states that have legal protections for abortion in place—is predicted to be large should Roe v. Wade be overturned. Projecting which states will see the largest increases has everything to do with geography.
A large influx of abortion-seekers is projected to look for services in North Carolina due to its proximity to many southeastern states where abortion is certain or likely to be banned if Roe is overturned. But unlike Illinois, the legal status of abortion in North Carolina is tenuous and highly dependent on whether anti-abortion candidates are successful in the state’s midterm elections over the coming months. The debate over abortion rights in North Carolina will likely be decided, at least for the time being, in 2023.
Clinics in North Carolina have already seen an increase over the past year of out-of-state abortion seekers, with some coming from as far as Texas in search of services, according to Amber Gavin, the vice president of Advocacy and Operations at A Woman’s Choice, a group of North Carolina and Florida-based abortion clinics. And if Roe is overturned, Gavin expects those numbers will keep climbing.
“I do think we’re going to see probably well over 50% to 80% [more] patients than what we’re currently seeing,” she told Stacker in an interview.
Gavin also said A Woman’s Choice clinics are considering hiring more staff and physicians to accommodate the influx. “We’re working really hard with our staff, with abortion funds, with advocates on the ground to make sure that people who need and want that care are able to get it,” she said.
Illinois has long been a reproductive care hub for Midwesterners. Out-of-state patients seeking abortions rose from 2,970 in 2014 to 9,686 in 2020, according to Illinois Department of Public Health data. These numbers are projected to continue to rise as people come from Michigan, Indiana, Wisconsin, Ohio, Missouri, and even some Southern states. To increase access, two Planned Parenthood clinics have opened in recent years along the Illinois border. The state is one of the few in the Midwest where the right to abortion is certain to be protected long-term.
Many clinic states have made moves since 2019 to fund abortion services and codify abortion. Vermont, for instance, passed Act 47, which preserves the right to reproductive choice, including abortion, in the year following the appointment of Justice Brett Kavanaugh to the Supreme Court. Several other states followed suit, including California, Connecticut, Oregon, Maine, and Illinois. The subsequent appointment of Amy Coney Barrett to the Supreme Court in 2020 cemented the court’s conservative supermajority and encouraged legal challenges to Roe v. Wade in 2021.
Some states have already taken steps to ensure access to safe abortions for people crossing state lines.
In 2019, New York funded the New York Abortion Access Fund, intended to help low-income abortion seekers from other states travel to New York for services. In March 2022, California passed SB 245, an act that eliminates out-of-pocket costs for abortions for those who have private insurance, as well as those on California’s Medicaid. In Oregon, legislators passed the Reproductive Health Equity Fund, which allocates $15 million to expand abortion services, including helping to cover expenses of those traveling to Oregon for abortions. And Connecticut Governor Ned Lamont is planning to sign a bill that would shield Connecticut abortion providers and out-of-state patients from being sued by states where abortion—even outside the state—is illegal.
