A review of letters to Congress from dozens of state health departments and attorneys general around the country revealed that abortion in the United States is safe and well-regulated, despite recent media reports to the contrary.
Following the conviction of Kermit Gosnell for the murder of three infants during unsafe medical practices that bore no resemblance to legal abortion procedures, congressional Republicans launched an inquiry into how states monitor and regulate abortion, writing letters to the departments of health and attorneys general in all 50 states asking for details regarding criminal laws, prosecutions, inspections of abortion clinics, and regulations relating to abortion at the state level.
The pro-choice group RH Reality Check reviewed the responses from 38 of the state attorneys general and 31 of the health departments and found that they provide the “most comprehensive picture to date of the reality of abortion services,” confirming that “abortion in the United States is highly regulated and overwhelmingly safe” :
The responses received to date include thousands of pages of legislation and regulations on a wide range of topics that could relate to abortion. They contain definitions of “ambulatory surgical clinics,” criminal statutes addressing feticide and the failure to provide medical care to newborns, and the minutiae of how state health officials must conduct inspections of clinics where abortions are performed. Some states also provided samples of the forms, such as the surveys that clinic inspectors have to fill in as they conduct their visits of abortion facilities, as well as samples of the application forms for facilities wishing to provide abortions. As an indication of how voluminous some of these responses are, Pennsylvania's response ran to 1,250 pages.
An analysis of these documents shows that congressional Republicans will find no support for their arguments in favor of new restrictions on abortion care in the evidence presented by the states. In particular, to the extent that anti-choice advocates claim that women are being put at risk by abortion services, these documents--from the very state entities charged with overseeing and regulating abortion--show the contrary. They show that abortion in the United States is highly regulated and overwhelmingly safe.
In particular, the responses revealed that abortion facilities nationwide are routinely inspected and subject to onerous regulation.
The findings of this congressional survey undermine the media's recent narrative that abortion requires even greater regulation and restriction. NBC, CNN, and Fox News hosts have all hyped the claim that an unconstitutional ban on abortions after 20 weeks of pregnancy would be "reasonable." Writers for The Washington Post and The Wall Street Journal have falsely claimed individual bans on 20-week abortions are popularly supported, and have glossed over the realities of these bills, which could place women and their fetus' health in severe danger. With the exception of a unique segment on MSNBC, media reports on abortion restrictions have largely ignored women's health experts who confirm these unnecessary restrictions will put women's health at risk.
Furthermore, media figures at The National Review, Washington Post, The Weekly Standard, and elsewhere have insisted that the case of Kermit Gosnell is representative of later-term abortions in the U.S., when in fact according to these documents, the Gosnell case was the only reported instance of an illegal “born alive” procedure.
Media Matters has previously noted that despite the fact that abortion is regulated at unprecented levels, with the vast majority of U.S. counties already lacking access to abortion providers, state lawmakers have proposed hundreds of new bills to further limit women's access to safe and legal abortion services. Some of these restrictions have already been struck down, with Bloomberg reporting that state legislatures suffered “a 0-for-8 losing streak after court challenges” reaffirmed that bans on abortion after six, 12, and 20 weeks of pregnancy are unconstitutional under the Supreme Court's rulings that a woman has a right to an abortion up until fetal viability.
The evidence from the congressional inquiry confirms all of these findings: abortion is already safe and well-regulated, despite what lawmakers and the media might say.