What happens now, post-Roe, in swing states?

Republican governors in these swing states will (even more thoroughly) abolish abortion rights

Alex De Luca
American Bridge 21st Century
5 min readJun 28, 2022

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As we know, on June 24, the Supreme Court overturned Roe v. Wade and Planned Parenthood v. Casey. Here’s how that decision — which a majority of Americans, including Republicans, do not support — will impact the lives of millions of people in key swing states where the eradication of Americans’ rights may be a key deciding factor in the November election.

Americans’ right to an abortion is now in the hands of Republican governors and state legislators — and soon, the GOP candidates who are running to take these key positions in November.

Republicans universally support unpopular, undemocratic, and dangerous abortion bans. With the arrival of the post-Roe reality, Republicans will have to own the consequences of their support for complete abortion bans — radical legislation even their own base doesn’t support.

Here’s what’s going to happen in key 2022 and 2024 swing states — and what the gubernatorial candidates running there have to say about abortion rights post-Roe:

ARIZONA

Arizona’s abortion law from 1901, ARS 13–3063, “provides for a minimum two years in prison, and a maximum of five years, for anyone who helps a woman obtain an abortion by drugs or ‘other means whatever, with intent thereby to procure the miscarriage of such woman, unless it is necessary to save her life.’”

  • Frontrunner Kari Lake called for a “carbon copy” of the Texas vigilante-style abortion ban — which does not include exceptions for rape or incest.
  • Karrin Taylor Robson called the Texas abortion ban a “victory” and said ominously that the fight to overturn Roe v. Wade is “just beginning.”

GEORGIA

Georgia’s six-week abortion ban — which bans abortion before most people know they are pregnant — could go into effect. The ban, “one of the most restrictive in the country” and signed into law by Brian Kemp in 2019, is currently being challenged in federal court. Georgians are waiting on that result. Georgia’s Republican legislature would have no barriers to passing even more restrictive legislation, including a total ban.

MICHIGAN

Michigan’s 1931 abortion ban, which is currently being challenged in court, “criminalizes abortion for anybody administering the procedure or drug to produce a miscarriage, making it a felony in all cases except when abortion is necessary to preserve the mother’s life.” If this law is allowed to stand, prosecutors in Michigan’s 13 counties with abortion clinics would have the authority to charge violators of the state’s 1931 ban — allowing the chance that people who get abortions, or who provide abortions, could be sentenced to prison.

  • Tudor Dixon has said outright that she would refuse to allow an abortion procedure even if the pregnant person would die without one — a disturbing and increasingly popular opinion among Republican candidates.
  • Garrett Soldano — during an extremist rant, which mirrored the famous “legitimate rape” tirade of Todd Akin — argued life begins “even before the heartbeat” and advocated for a near-total ban on abortion in the state of Michigan. Soldano went on to say that society must “inspire” women who get raped to give birth because “God put them in this moment.”

NEVADA

There is good news in Nevada: Abortion is still legal. For now. Nevada has abortion protections enshrined in its state constitution. In 1990, Nevada voters passed Question 7, a statewide ballot initiative that “effectively cemented the right to get an abortion during the first six months of pregnancy in Nevada.”

Abortion rights are incredibly popular in Nevada, where abortions are currently legal for up to 24 weeks. Nearly 70 percent of Nevadans call themselves pro-choice. Throughout the primary, Republican nominee Joe Lombardo tried his best to avoid answering questions about his anti-choice views but has repeatedly slipped up and shown his cards. He said in a debate he would “absolutely” consider restrictions on abortion access. He’s voiced support for a Nevada abortion ban. And he’s called himself pro-life over and over while refusing to say exactly how he would restrict rights as governor.

PENNSYLVANIA

Do you think Pennsylvania is a pro-choice state? It won’t be under Doug Mastriano. Abortion is currently legal in Pennsylvania up to 24 weeks of pregnancy, but it is not protected under the Commonwealth’s constitution — meaning that an anti-choice governor like Doug Mastriano could sign any restriction passed through the state constitution. The Center for Reproductive Rights has called Pennsylvania a “hostile” state and said abortion access hinged on “a governor who is supportive of abortion rights.”

  • Republican nominee Doug Mastriano introduced a six-week abortion ban in the legislature. He has pledged to completely ban abortion with no exceptions for rape or incest should he win in November and has said “my body, my choice” is “ridiculous nonsense.”

WISCONSIN

Under a Republican governor like the ones currently running for the nomination, Wisconsin will likely uphold a ban that makes abortion illegal. The 1849 law says “‘any person — other than the mother — who ‘intentionally destroys the life of an unborn child’ is guilty of a Class H felony, punishable by up to six years in prison, a fine of up to $10,000, or both.”

  • Frontrunner Rebecca Kleefisch spent her time as Scott Walker’s LG working to pass an unpopular abortion ban, which has made performing an abortion a felony punishable by up to three and a half years in prison. She supports banning abortion before most people know they are pregnant.
  • Trump-endorsed Tim Michels celebrated the draft decision on Roe and has said he will sign Wisconsin Republicans’ dangerous abortion ban should he win the governor’s seat.
  • Kevin Nicholson has close, personal ties with crisis pregnancy centers — fake health care clinics that lie to pregnant people to coerce them out of getting abortions. He has also confirmed that he supports banning abortion in all cases, including in cases of rape and incest.
  • Meanwhile, Timothy Ramthun would ban abortion “regardless the circumstance,” with no exceptions for rape, incest, or the life of the parent.

For more on where Republicans stand on abortion access, check out American Bridge’s research at repro-files.com.

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