What the Supreme Court Decision Overturning Roe Means for Those Seeking & Providing Abortions in DC

For half a century, Roe v. Wade recognized the constitutional right to abortion in this country. But with its decision in Dobbs v. Jackson Women’s Health Organization, the Supreme Court revoked that nationwide guarantee, leaving millions of patients and potential patients reliant on a patchwork of state policies that, depending on where they live, could leave them without access to critical health care.

You may be wondering how this decision impacts you and your loved ones. See below for more information for DC residents, visitors to DC, and DC-based medical providers about what this Supreme Court decision does and doesn’t mean for you.

But first, let’s be clear: abortion is legal in the District of Columbia and the recent Supreme Court decision did not change that. Yet there is still much we can and must do to fight for full access to reproductive care.

At the Office of the Attorney General, we will do everything in our power to fiercely defend and strengthen the right to abortion in the District so that everyone can create their family how and when they choose. We will stand up for and further strengthen the rights of District residents and those across the country who come here to access care. And we will defend the rights of abortion providers who offer needed care to support the health, safety, and dignity of their patients. Here is my statement on the Supreme Court’s decision.

Information on Abortion Care in the District of Columbia

Has the Supreme Court’s recent decision in the Dobbs case changed DC’s abortion laws?

No. Our local laws protecting access to abortion are strong and they have not changed because of the Supreme Court’s decision in the Dobbs case.

District residents overwhelmingly and emphatically value reproductive freedom. For this reason, our local elected officials have passed strong patient-centered laws enabling residents and visitors to make the reproductive health decisions for themselves and their families. In 2020, the District of Columbia Council passed legislation that became law protecting the ability of everyone in the District — both residents and visitors to DC — to make their own reproductive health decisions without government interference.

Who can access abortion care in the District of Columbia?

Anyone — those who live in DC and those who travel to DC from other states — can access abortion care in DC. You are welcome here and we will protect patients who access abortion care here.

How can I get an abortion in DC?

Because of our strong reproductive rights laws in DC, you have several options:

· Contact your health care provider to ask if they can provide abortion care for you.

· Contact the DC Abortion Fund, the local organization serving the District, Maryland, and Virginia, and patients coming to our area for abortion care, or Planned Parenthood of Metropolitan Washington, DC Inc. They will help you find a provider who can help you get care.

· Contact an abortion clinic in DC directly to make an appointment and have your questions answered. The National Abortion Federal can help you find a clinic near you.

· Get a prescription for a medication abortion, which the Food and Drug Administration authorized for use until up to 10 weeks of pregnancy. You can ask your provider if they can provide a prescription for you for medication abortion which you can pick up from a pharmacy or receive in the mail and then can take safely at home. Click here for a list of providers and pharmacies that can help you access it. If you face any complications self-managing your miscarriage or abortion, you can contact the Miscarriage and Abortion Hotline at 833–246–2632.

· Be careful of internet searches for abortion that may yield results for fake clinics or pregnancy help centers that do not provide reproductive health care, but rather, exist instead to mislead or deter people from getting abortions.

How can I make an appointment for an abortion?

Contact the DC Abortion Fund, Planned Parenthood of Metropolitan Washington, DC Inc., National Network of Abortion Funds, National Abortion Federation, or The Brigid Alliance. They will help you find a provider in DC, or elsewhere, who can help you get abortion care.

Is financial assistance and support available for people seeking abortion care in DC?

The DC Abortion Fund, Planned Parenthood of Metropolitan Washington, DC Inc., National Network of Abortion Funds, National Abortion Federation, or The Brigid Alliance can help those in need of support, including financial support, to access abortion in DC.

Federal law prohibits DC from spending any government funds on abortion care. However, DC residents and those traveling to DC to access abortion care may be able to secure financial assistance through the above nonprofit organizations.

Is there a time limit for accessing abortion care in DC?

No. Abortion is legal at all stages of pregnancy in DC and is provided when patients and physicians, together, determine it is medically appropriate. Patients may consult with their doctors and make decisions that best protect their health and safety, even later in a pregnancy.

Does DC law require parental notification if someone under 18 is seeking an abortion?

No. You do not need permission to have an abortion in DC — not from your parents, guardian, or the other person involved in the pregnancy. And your medical records about the abortion are confidential.

Does DC have mandatory waiting periods to access abortion care?

No. You can access an abortion immediately once you have an appointment.

Do crisis pregnancy centers in DC provide abortions?

No. Please find an abortion clinic that is recommended by a health care provider, the National Abortion Federation, Planned Parenthood, or the DC Abortion Fund. Crisis pregnancy centers do exist in the District — as they do in many states — but they often are focused on preventing abortions.

Information for DC Residents Who Want to Access Abortion Care

Could DC’s strong abortion laws change in the future?

Abortion is legal right now in the District, and this Supreme Court decision does not change that. District residents overwhelmingly and emphatically value reproductive freedom. For this reason, our local elected officials have passed strong patient-centered laws enabling residents and visitors to make the reproductive health decisions for themselves and their families.

But this access is fragile. Depending on who is in Congress and the White House, the federal government could use DC’s lack of statehood to change our laws.

We have seen this playbook before. Congress already bans us from using our own local Medicaid dollars to pay for abortion services for our most vulnerable residents. The District’s fight for autonomy and statehood is intertwined with our fight for abortion access.

How do I access an abortion in DC?

Please see above for details on how to access an abortion in DC.

What can we do to stand up for abortion rights and help people in states where abortion has been outlawed or restricted?

We all have a role to play in standing up for reproductive rights, and now is the time to do so. There’s a great deal we can each do to help fight for access to abortion care, and we must remain vigilant, especially when there are so many counting on us.

· Spread the word that abortion is legal in the District. That’s good for our residents and those from other states who can come here to get the reproductive health services they need.

· Support organizations doing critical work to help patients in states with restrictive laws access abortion care, including the DC Abortion Fund, Planned Parenthood of Metropolitan Washington, DC Inc., National Network of Abortion Funds, National Abortion Federation, and The Brigid Alliance.

· Ask your friends and family outside the District to call their members of Congress and their local legislators. Tell them to pass reproductive rights protections and support DC statehood. Congressional elections and legislative action at the state and federal levels are critical to our fundamental rights.

· Call on your employers and businesses to fill the gap where government has failed by allocating resources and putting in place strong reproductive rights policies for their employees.

· Join a peaceful protest. Make sure you stay safe while having your voice heard.

· Vote.

Information for Those from Other States Who Want to Come to DC for Abortion Care

Can I come to DC for abortion care?

Yes. You are welcome here and we will protect patients from any state who access abortion care here. Please see above for organizations that can help you pay for and access abortion in DC.

You may also be able to get a prescription for medication abortion that you can get mailed to you and then safely take from home, no matter what state you live in. The Food and Drug Administration has authorized the use of medication abortion until up to 10 weeks of pregnancy. Click here for a list of providers and pharmacies that may be able to help you access it in your state. If you face any complications self-managing your miscarriage or abortion, you can contact the Miscarriage and Abortion Hotline at 833–246–2632.

How do I access financial support or resources to get to DC for abortion care?

There are several organizations doing important work to help those who need assistance paying for an abortion or paying for travel to receive abortion care in a difference state or territory, such as DC. Here are some organizations that can provide help:

· DC Abortion Fund — Our local fund serving the District, Maryland, and Virginia and patients coming to our area for abortion care.

· National Network of Abortion Funds — Other funds are at work in parts of the country that will be hardest hit by the loss of the federal right to abortion care. This list shows where to get help in each state.

· National Abortion Federation — This organization runs a nationwide hotline, assisting callers from across the country who need referrals or funding for abortion care, including travel-related expenses.

· The Brigid Alliance — This group arranges and pays for travel for people who must leave their home states for abortion services.

Abortion is illegal or seriously restricted in my home state. Can I be prosecuted or sued in my state for receiving abortion care in DC?

Those receiving abortions in DC are safe and protected in DC. We are working to make sure laws in other states stripping patients of their rights do not apply to patients getting care here or to anyone in the District helping patients get care.

Will DC comply with extradition requests from states restricting access to abortion for individuals from those states who come to DC to access abortions?

The District is considering legislation that will limit cooperation with extradition requests or investigations in other states seeking to impose civil or criminal liability on people who get or provide abortions in other states where abortion remains legal. It is important to note that this legislation is not yet law but might be in the future.

For now, the Office of the Attorney General is committed to protecting patients and providers to the fullest extent possible and has pledged, along with other law enforcement officers across the country, not to initiate any of its own prosecutions of patients or providers who follow medical standards of care.

Information for DC-based Abortion Providers

If anti-choice protestors try to block access to our clinic or threaten staff or patients, what can I do?

First, please call 911 for assistance in an emergency situation.

Additionally, the Office of the Attorney General enforces the District’s laws, like the Human Rights Act and the Bias-Related Crimes Act, which provide civil legal protections for people seeking abortion services and those providing that care. We will continue to stand up for and protect clinics that provide abortion care from those who seek to illegally interfere with access to care. Any clinics or patients facing threats or intimidation should contact our office at OAGCivilRights@dc.gov.

Can I be sued or prosecuted for providing abortion care DC-based providers be sued in other states for providing abortions to residents of those states?

Those receiving abortions in DC are safe and protected in DC. We are working to make sure laws in other states stripping patients of their rights do not apply to patients getting care here or to anyone in the District helping patients get care.

President Biden also said at a press conference that he would fight for the right for patients to travel to access abortion care and that the U.S. Attorney General Merrick Garland would defend patients who exercise their right to travel.