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The future of abortion in Pa. with Biden’s executive order and a looming Pa. governor’s race

Abortions remain legal in Pennsylvania up to 24 weeks of pregnancy; abortions after 24 weeks can be performed only if a person’s life or health is at risk.

Pro-choice activists demonstrated in front of the U.S. Supreme Court in May.
Pro-choice activists demonstrated in front of the U.S. Supreme Court in May.Read moreAnna Moneymaker / MCT

President Biden signed an executive order on Friday aiming to protect abortion access and people seeking abortions nationwide following a historic U.S. Supreme Court decision that ended a constitutional right to abortion.

Biden’s order came the same day the Pennsylvania Senate and House approved a constitutional amendment that would declare “there is no right to abortion” in the commonwealth if approved by voters. Though abortion access remains unchanged in Pennsylvania for now, the proposed amendment and this November’s gubernatorial election could define the future of abortion statewide.

Here’s what to know about current abortion access in Pennsylvania, Biden’s executive order, and the proposed amendment:

What does Biden’s executive order about abortion say?

Biden’s executive order lays out a variety of plans for protecting abortion access nationwide. He does not have the power, however, to codify a national right to abortion or reverse any restrictions that states have placed on abortion since the Supreme Court’s Dobbs v. Jackson Women’s Health Organization ruling late last month overturned the landmark 1973 Roe v. Wade ruling protecting abortion across the country.

» READ MORE: What you need to know about the Supreme Court’s Dobbs ruling

In the order, Biden instructs the secretary of the U.S. Department of Health and Human Services to submit a report within 30 days outlining ways to protect and expand access to reproductive health services, including medical abortions; launch a public awareness campaign around abortion access; ensure that all patients are receiving emergency medical care, including treatment for ectopic pregnancies; address the potential threat to patient privacy; and more.

“In the face of this health crisis, the federal government is taking action to protect health care service delivery and promote access to critical reproductive health care services, including abortion,” the executive order reads. “It remains the policy of my administration to support women’s right to choose and to protect and defend reproductive rights. Doing so is essential to justice, equality, and our health, safety, and progress as a nation.”

You can read the full executive order here.

What is the state of abortion in Pennsylvania?

Abortions remain legal in Pennsylvania up to 24 weeks of pregnancy; abortions after 24 weeks can be performed only if a person’s life or health is at risk. A Pennsylvania health department report found that in 2020, about 88% of abortions in the state occurred before eight weeks’ gestation.

That could change, however, when voters elect a new governor. Gov. Tom Wolf, a Democratic incumbent who is leaving office due to term limits, has committed to keeping abortion legal in the state. The Democratic candidate to replace him as governor, Attorney General Josh Shapiro, has also said he will veto any legislation that would restrict abortion access.

But the Republican gubernatorial candidate, state Sen. Doug Mastriano, said he would sign a six-week abortion ban into effect if given the chance as governor. He believes in no exceptions.

» READ MORE: The next Pa. governor will decide the future of abortion here. Shapiro and Mastriano’s records are wildly different.

What to know about medical abortions and the abortion pill

Abortion pills, known as a medical or medication abortion, can be taken orally or vaginally to end a pregnancy. Unlike surgical abortions performed by medical practitioners, medical abortions can be done from home.

The pregnant person takes two medications: first the hormone blocker mifepristone and then commonly a day or two later, misoprostol, which brings on uterine contractions. If taken within eight weeks of the first day of a person’s last period, the process is about 94% to 98% effective, according to Planned Parenthood.

If you live in Pennsylvania or New Jersey, you can get abortion medication through the mail; Pennsylvania residents must first have a consultation with a provider before they can be prescribed the medication, which can be done virtually.

Some states have placed restrictions or proposed bans on medical abortions. Arizona, Arkansas, and Texas have all banned mailing abortion pills to patients.

What could the Supreme Court decision mean for Pennsylvania?

Pennsylvania abortion providers are preparing for up to 8,500 more out-of-state patients from other states that are losing access to abortion services.

Though abortion access is not currently changing in Pennsylvania, surgical abortions remain limited in some parts of the state; only 14 of 67 counties have an abortion provider.

What’s happening in the Pa. legislature?

The Pennsylvania Senate and House passed a bill on Friday that would ask voters to amend the state constitution to declare that there is “no right to abortion” in Pennsylvania, and no guarantee that taxpayer funding can be used for abortions.

The bill was approved by the state House late Friday night . It would need to pass the full Senate and House in two consecutive sessions before it heads to voters as a referendum. Voters have a final say in the matter; the governor does not have the power to veto a constitutional amendment.

» READ MORE: Democrats hope abortion can help them keep hold of suburban voters; Republicans say it’s still all about inflation

Inquirer reporters Sarah Gantz, Jason Laughlin, Julia Terruso, and Rodrigo Torrejón contributed to this article.