Despite early attempts to attack access to abortion, reproductive rights in Pennsylvania are stronger than they were before Dobbs overturned Roe v Wade. Conservatives in the state legislature began moving an amendment in 2022 that said people in Pennsylvania don’t have a right to an abortion under the state constitution. However, In Pennsylvania, the legislature has to pass an amendment in two consecutive years before it can go on the ballot. The anti-abortion amendment did not pass in 2023, so it never went on the ballot.

In fact, the amendment was not even reintroduced in 2023, largely because progressives won control of the Pennsylvania House of Representatives that year – the first time they controlled the chamber in over a decade. Conservatives held on to control over the Pennsylvania Senate, and the split state legislature has stalled many progressive priorities.

Democratic Representative Danielle Otten introduced a bill proposing an amendment to enshrine a right to abortion in the state constitution during this session. It has not received a floor vote in the House – even if the House were to pass Rep. Otten’s bill, the Republican-controlled Senate is unlikely to allow a vote on the measure.

The exception has been in the governor’s office, where former Democratic Governor Tom Wolf issued an executive order shielding out-of-state abortion patients from prosecution and investigation shortly after the Dobbs decision. Wolf’s successor, Democratic Governor Josh Shapiro, continued the executive order after he took office, going so far as to launch an official government website – Freedom to Choose – listing resources to help people access abortion and highlighting the legal protections offered by the shield order.

Governor Shapiro also ended a long-standing state contract with the anti-abortion group Real Alternatives in his first year. The watchdog organization Campaign for Accountability filed a complaint with the state government in 2020, alleging that Real Alternatives had engaged in theft and fraud, pocketing portions of the over $100 million in taxpayer funds it received during the 27 years it contracted with Pennsylvania.

Without the support of the legislature, Governor Shapiro has not been able to loosen any of the existing restrictions on abortion in Pennsylvania. Currently, abortion is banned after 24 weeks in the state, though it is available at any point if the life of the parent is in danger. Patients are also required to have a counseling session 24 hours before the procedure, but this can be done by phone or video call.

Minors require either a court order or the permission of their parent or guardian to have an abortion.

Additionally, state Medicaid coverage of abortion care is banned except for cases of rape, incest, or to protect the health of the parent. This could change at any moment, thanks to a lawsuit filed in 2019. The PA Supreme Court recently ruled that patients and abortion providers could challenge the law, overturning a lower court decision that said they did not have standing. The lower court now has to grant a hearing on the case.

Medicaid coverage of abortion procedures in Pennsylvania would make abortion care much more affordable – and therefore accessible – for the over 3 million residents on Medicaid.