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State policy attacks on abortion access in the first half of 2026
Anti-abortion state policymakers in the US are focused on cutting off remaining access to care and criminalizing pregnant people. Guttmacher principal state policy advisor Kimya Forouzan examines the major restrictions and key trends from state legislative sessions during the first six months of this year.

Transcript: 

Halfway through 2026, here's where sexual and reproductive health policy stands in the States. In 2026, many anti-abortion state policymakers are focused on two things, cutting off the access that remains and criminalizing pregnant people. We analyzed legislative sessions nationwide, and three major themes stood out. 

First, some policymakers want to make getting an abortion a crime. In Tennessee, one bill would have let the state charge people who access abortion care with homicide. 

Others pushed fetal personhood bills, which would grant full legal rights to embryos and fetuses. 

These bills set the stage to criminalize people for a whole range of common pregnancy outcomes, including pregnancy loss. 

Second, some policymakers are trying to use legislation to falsely differentiate abortion care from pregnancy loss care, even though both types of care are essential, and they usually involve the same medications and procedures. 

In South Dakota, where a total abortion ban is already in effect, policymakers rewrote the legal definition of abortion to exclude pregnancy loss care. But clarifying the difference doesn't change the fact that bans on abortion care also jeopardize care for those experiencing pregnancy loss. 

Third, attacks on telehealth and shield law providers are escalating. 

In states with total bans, getting medication abortion pills through the mail has been a lifeline, and shield laws give providers a legal way to offer that care. That's made those providers a top target for anti-abortion policymakers and legal groups. A new law in Mississippi treats abortion pills as illicit drugs under its controlled substances code, laying the groundwork to go after the shield law providers people rely on. 

In addition to these trends, we are keeping an eye on other trends and protective policies, so check back for part two, where we'll cover those protective policies.