Abortion Access Still at Risk in Blue New Jersey After Roe’s Reversal
In September, President Joseph R. Biden jr. announced a plan to codify Roe v. Wade into law if Democrats won a majority in both the House and Senate after midterm elections last month.
Democrats lost the majority in the House, although after the runoff election in the Georgia Senate race on Tuesday, they will hold their necessary 48 seats in the Senate. With Congress so evenly divided, and Republicans calling for a national abortion ban, the future of access to abortion is at the hands of the states, many of whom will impose strict anti-choice laws.
Roe, the famous Supreme Court case that prevented states from prohibiting abortion, was overturned on June 24 in a new Supreme Court case, Dobbs v. Jackson Women’s Health Organization. States are now allowed their own jurisdiction in deciding abortion access, and 13 states have already restricted or completely criminalized abortion.
In New Jersey, the reversal didn’t cause any immediate changes; Democratic Governor Phil Murphy has reiterated his intent to protect abortion rights Roe was overturned. On July 1, he signed into law two bills that protect residents who seek out abortion services, one of which makes New Jersey a “safe haven” abortion state, meaning residents from other states can enter and receive an abortion.
Even a blue state like New Jersey that protects access to abortion could experience unintended consequences from the Roe decision. Only one of New Jersey’s congressional seats went to a Republican this cycle. And while it’s unlikely that Republicans will succeed in passing a national abortion ban, bans in other states could affect access to abortion in New Jersey, said Kristyn Brandi, an OB/GYN from New Jersey.
“The patients in restricted areas that are able to travel likely are going to drive to the next-closest state that allows care,” said Brandi. “Places like NJ can and already are seeing increased wait times to get care because they have to accommodate both their local patients as well as people coming into the state.”
And while New Jersey has measures in place to protect women against potential in-state abortion restriction, abortion is not as accessible in the state as many people believe it is, Brandi said. Access to abortion can also depend on demographic factors, like race, disability status, and gender or sexuality identity.
“There are other things that create issues with accessibility outside of legality,” she said. People who are incarcerated or have disabilities could have trouble accessing care because of difficulty in arranging travel, Brandi said.
While Roe’s reversal affects any person who receives reproductive healthcare, the decision has an outsized effect on women of color, who are disproportionately affected by pregnancy that leads to an abortion. In New Jersey, which is 15% Black or African American, 40% of abortions were given to Black women.
Safe haven states are essential for the survival of reproductive healthcare in a country facing a potential ban on abortion, but the change could still put access to care in New Jersey at risk.
It is imperative for people who care about abortion rights to demonstrate so at the polls to protect future access, Brandi said.
“It is important to have federal protections to care including codifying Roe because that would supersede state legislation,” she said. “I hope that people will challenge this by voting for legislators nationally that will help give the majorities needed to make this happen. However, there are so many other things needed to make care available and accessible for all.”
