Establishing a Federal Right and Access to Abortion

4 min. read
Summary

The right to access abortion care is essential for reproductive autonomy, social and economic equality, and the ability to determine our own futures. But in many areas of the U.S., accessing abortion care is impossible or extremely difficult due to state-level bans and restrictions.

Since the U.S. Supreme Court overturned Roe v. Wade and eliminated the constitutional right to abortion, many states have taken action to deny abortion care. Abortion is currently illegal in 13 states, and anti-abortion state legislators are constantly devising new ways to restrict access to this essential health care.

It’s clear that we need federal protection to stop the chaos, confusion, and harm wrought by the Dobbs decision and the resulting patchwork of abortion bans and restrictions across the U.S. It’s time for Congress to step in to put an end to this fractured policy landscape, to protect access to abortion services for everyone regardless of where they live, and to safeguard the ability of health care providers to offer these services in a safe and accessible manner.

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Current efforts

What are some current efforts to establish a federal right and access to abortion care?

First introduced in 2013, the Women’s Health Protection Act (WHPA) is federal legislation that creates a new legal protection for the right to provide and access abortion, free from medically unnecessary restrictions and bans. This groundbreaking bill laid the foundation for many reproductive rights bills, including the Right to Contraception Act and the Right to IVF Act, and was the first abortion rights bill to receive floor votes in both the House and Senate during this century.

On the second anniversary of the Dobbs decision, the fight to establish a federal right and access to abortion expanded even further with the launch of the Abortion Access Now (AAN) campaign, a full scale, 10-year effort to achieve a future where abortion is legal as well as accessible, affordable, and free from criminalization, stigma, or fear.

The AAN campaign’s long-term policy goal centers around the passage of expansive federal legislation focused on three core pillars:

  1. Ensuring a federal right to abortion throughout pregnancy without viability restrictions;
  2. Eliminating cost barriers to abortion care by mandating coverage in federal health plans and programs; and
  3. Restoring access to abortion care for all, particularly for immigrant communities.
Importance of access

Why are a nationwide right and access to abortion care needed now?

Without federal protections for abortion rights, states have already denied millions of people access to abortion care. More than 20% of the country’s population currently resides in states where abortion is now illegal.

Large swaths of the South and Midwest are now abortion deserts—where those seeking care are forced to travel long distances to access services or carry pregnancies against their will.

Abortion bans and restrictions disproportionately impact those who already face discriminatory barriers to accessing health care—including Black, Indigenous, Latina/x, Asian Americans and Pacific Islanders, and other people of color; women; those working to make ends meet; members of the LGBTQI+ community; immigrants; young people; those living in rural communities; and people with disabilities.

Congressional support

Does a federal right to abortion have support in Congress?

Yes! On June 24, 2025, WHPA was reintroduced in the U.S. House of Representatives and Senate. The House version (H.R. 12)—championed by Representatives Judy Chu (D-CA), Lois Frankel (D-FL), Ayanna Pressley (D-MA), and Veronica Escobar (D-TX)—is supported by 208 cosponsors. The Senate version (S. 2150) was reintroduced with the backing of the entire Senate Democratic caucus under the leadership of Senators Tammy Baldwin (D-WI), Richard Blumenthal (D-CT), and Patty Murray (D-WA).

In the 117th Congress, the U.S. House voted to pass WHPA twice, in September 2021 and July 2022. Unfortunately, in the Senate, the bill did not achieve the 60 votes needed to overcome the filibuster.

Critical legislation like the Equal Access to Abortion Coverage in Health Insurance (EACH) Act and Health Equity and Access under the Law (HEAL) for Immigrant Families Act would further expand access to abortion care nationwide by eliminating cost barriers and ensuring access for immigrant communities. The EACH Act (H.R. 4611/S. 2377) has 185 House and 34 Senate cosponsors and the HEAL Act (H.R. 4104/S. 2149) is supported by 74 House and 10 Senate cosponsors.

Click here to tell Congress we need federal legislation to protect abortion rights.

Timeline

Federal Right to Abortion Timeline

November 13, 2013
WHPA introduced for the first time in the House and the Senate
WHPA introduced for the first time in the House and the Senate
July 15, 2014
Center for Reproductive Rights President & CEO Nancy Northup testifies in support of WHPA
Center for Reproductive Rights President & CEO Nancy Northup testifies in support of WHPA
February 12, 2020
Center for Reproductive Rights President & CEO Nancy Northup testifies again in support of WHPA
Center for Reproductive Rights President & CEO Nancy Northup testifies again in support of WHPA
June 16, 2021
Congressional hearing on WHPA
Congressional hearing on WHPA
September 24, 2021
WHPA passes in the House
WHPA passes in the House
February 28, 2022
Senate cloture vote on WHPA
Senate cloture vote on WHPA
May 11, 2022
Senate cloture vote on WHPA
Senate cloture vote on WHPA
July 15, 2022
Houses passes WHPA again
Houses passes WHPA again
June 21, 2023
WHPA discharge petition to compel floor vote in the House
WHPA discharge petition to compel floor vote in the House
June 24, 2024
Launch of Abortion Access Now campaign
Launch of Abortion Access Now campaign