Amid the COVID-19 pandemic, anti-abortion government officials in several American states enacted or attempted to enact restrictions on abortion, characterizing it as a non-essential procedure that can be suspended during the medical emergency. The orders have led to several legal challenges and criticism by abortion-rights groups and several national medical organizations, including the American Medical Association. Legal challenges on behalf of abortion providers, many of which are represented by the American Civil Liberties Union and Planned Parenthood, have successfully stopped some of the orders on a temporary basis, though bans in several states have not been challenged.
Background
During the COVID-19 pandemic in the United States, many non-essential medical procedures were temporarily suspended to preserve medical resources like protective equipment (PPE). In the context of these orders, several Republican officials and anti-abortion advocates argued that abortion should be considered non-essential, leading to orders in multiple states explicitly prohibiting the procedure.
Several medical organizations and human rights groups issued statements critical of the restrictions. The American Medical Association characterizing them as "exploiting this moment to ban or dramatically limit women's reproductive health care." The American College of Obstetricians and Gynecologists, the American Board of Obstetrics and Gynecology, the American Association of Gynecologic Laparoscopists, the American Gynecological and Obstetrical Society, the American Society for Reproductive Medicine, the Society for Academic Specialists in General Obstetrics and Gynecology, the Society of Family Planning, and the Society for Maternal-Fetal Medicine issued a joint statement that "abortion should not be categorized as [a procedure that can be delayed during the pandemic]. Abortion is an essential component of comprehensive health care. It is also a time-sensitive service for which a delay of several weeks, or in some cases days, may increase the risks or potentially make it completely inaccessible."
Plan C, a website that provides information about online abortion pill vendors, noted that its traffic had doubled by March 23 and tripled by April 8. The publication Jewish Currents said that by mid-March its viewership for an article on how to induce an abortion was "off the charts".
Impact based on states
Alabama
A March 2020 order by the State Health Officer required that "all elective dental and medical procedures shall be delayed". The Alabama Department of Public Health initially stated that abortion providers were not affected by this order. The order was amended on March 27 to ban any medical procedure except those which treat an "emergency medical condition", with Alabama Attorney General Steve Marshall clarifying that abortion clinics were not exempt. The American Civil Liberties Union of Alabama, representing Alabama abortion providers and clinics, challenged the order, requesting a temporary restraining order. On March 30, U.S. District Judge Myron Herbert Thompson granted the temporary restraining order, saying the attorney general's interpretation of the March 27 order was overly broad, potentially causing undue burden on abortion access. The restraining order was set to expire on April 13, 2020, with Thompson issuing a preliminary injunction on April 12 to maintain abortion access. The state lost an appeal on April 23, meaning that abortion services are still legal.
Alaska
In March, a mandate was issued to limit non-urgent medical procedures until after June 15. On April 6, the mandate was clarified to include surgical abortions. Specifically, no abortions could be performed "unless the life or physical health of the mother is endangered by continuation of the pregnancy during the period of postponement". However, on April 28, the ACLU reported that abortions were still happening in Alaska. The temporary ban issued in March only lasted for a week before it was replaced with a new order.