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Colorado Doubles Down on Abortion Rights as Other States 鈥 And the High Court 鈥 Reconsider

[UPDATED at 12:30 p.m. ET]

With the Supreme Court expected to overturn or severely weaken its landmark Roe v. Wade decision, clinics in Colorado are preparing for an increase in the number of out-of-state residents seeking abortions, and lawmakers are cementing abortion access protections in state law.

Colorado is one of without any restrictions on when in pregnancy an abortion can occur and is one of the without a mandatory waiting period of up to 72 hours after required abortion counseling.

When the Supreme Court in December on a Mississippi law that restricts access to abortion, questions from the new conservative majority appeared sympathetic to the notion that states should be allowed to decide their abortion policies. While legislatures in many Mountain West and Great Plains states are working to dismantle abortion rights, Colorado lawmakers are reinforcing the state鈥檚 safeguards. If the justices overturn the 49-year-old decision that protects the right to an abortion, the expectation is that the demand for abortions in Colorado from people who live in those nearby states where abortion is being restricted will rise.

鈥淲e鈥檙e planning on it,鈥 said Margie Andersohn, practice manager at , a clinic in the Denver area that is trying to hire more staffers and recently purchased equipment that will enable it to perform abortions up to 20 weeks into pregnancy.

鈥淲e really do anticipate a lot more demand over the summer, unfortunately,鈥 said Dr. Rebecca Cohen, medical director of the referring to the potential effect of the Supreme Court decision.

Andersohn said demand at the Healthy Futures for Women clinic increased after Texas passed and offers to people who successfully sue someone who provided an abortion or helped a patient get one. The Supreme Court refused to block the law in early challenges. (Idaho recently .) At the clinic, appointments are being scheduled several days in advance, instead of the clinic鈥檚 preferred 24- to 48-hour window.

鈥淲omen are flooding in from Texas,鈥 she said.

At the Comprehensive Women鈥檚 Health Clinic, Texans make up a fifth of all patients on some days, and appointments are backlogged for several weeks, according to Cohen. She said the out-of-state patients tend to be further along in pregnancy, either because they needed time to sort out their work and travel logistics to get to a clinic with available appointments or because they encountered problems later in pregnancy that put their health or the fetus in danger, like their water breaking early.

鈥淭hey can develop heavy bleeding, they can develop infection, and there's also a very high risk that the fetus won鈥檛 survive,鈥 Cohen said. 鈥淭he safest thing to do is to end the pregnancy, but they're just not able to access that care in Texas.鈥

The Texas law permits abortions after six weeks when a pregnancy threatens the woman鈥檚 life or threatens a medical emergency.

The influx of out-of-staters coming to Colorado for abortions is creating a 鈥渄omino effect,鈥 pushing Colorado residents 鈥 especially in parts of the state with few clinics 鈥 to travel farther to find care, said Amanda Carlson, director of the Cobalt Abortion Fund. Cobalt helps people pay for travel, accommodations, and child care while they are seeking an abortion in Colorado. In late 2021, a third of its recipients were Texans.

Some Colorado clinics are struggling to keep up with the rising demand. Cohen鈥檚 clinic has launched a telehealth program to accommodate people who are eligible for medication abortions but need to be physically in Colorado for their consultation and when taking the medication. Health care worker shortages are making finding qualified staffers difficult, Cohen said.

The effects of the Texas law on Colorado may be just the beginning. Three of Colorado鈥檚 immediate neighbors are 鈥渃ertain or likely to attempt to ban abortion immediately鈥 if Roe v. Wade is compromised, the Guttmacher Institute, a research organization that supports abortion rights, . A fourth, Kansas, will ask voters in August to decide whether to change its constitution so that abortion is no longer considered a fundamental right.

About 10,400 people received abortions in Colorado in 2020, and about 13% of them came from out of state, according to the most recent .

Traveling to Colorado may become the best option for people seeking abortions from a wider range of states if Roe is struck down. , a researcher at the University of Texas-Austin, said the early part of the covid-19 pandemic offered a glimpse of how demand would look in a post-Roe nation, because states including Oklahoma, Louisiana, and Texas , deeming it a nonessential procedure.

During that time, most Texans who needed abortions traveled to New Mexico, Colorado, or Kansas, White said 鈥 patterns that could be a sign of what鈥檚 to come.

鈥淵our ability to exercise your reproductive autonomy is going to be incredibly dependent on where you live,鈥 White said.

White in the four months after Texas implemented its law in 2021, the number of Texans seeking abortions out of state was 5,500, compared with 500 during the same period in 2019. Nearly half went to Oklahoma, which several anti-abortion bills modeled on the Texas bill. Some also went to Kansas 鈥 which provided to out-of-staters.

Colorado, with about 20 abortion clinics, offers much more access than Oklahoma, Kansas, and New Mexico, each of which has about five. It would be one of the few states west of the Mississippi River that plans to protect abortion access in the event the Supreme Court overturns Roe v. Wade.

In that landscape, Colorado is viewed as 鈥渁 safe state for abortion access and reproductive health,鈥 said Katherine Riley, policy director for the .

But Colorado state law doesn鈥檛 explicitly guarantee access to an abortion. Legislators in the Democratic-controlled General Assembly just passed that establishes that every pregnant individual 鈥渉as a fundamental right to continue a pregnancy and give birth or to have an abortion.鈥 Democratic Gov. Jared Polis he would sign it into law.

The bill does not include any funding for low-income women to get abortions, which abortion rights proponents say will continue to limit access. A forbids public funding of abortion, and that means often are forced to pay out-of-pocket. Federal Medicaid funds also can鈥檛 be used to cover abortions. But Medicaid is a joint federal-state program, and 16 states use their own Medicaid funds to cover the procedure.

, a Democrat from Greenwood Village, Colorado, who is one of the bill鈥檚 sponsors, said the measure would prevent counties, municipalities, or any local entity from reversing abortion protections if Roe falls. 鈥淭hat was one of the main reasons why we felt it was really important to get this on the books,鈥 Froelich said.

But COLOR鈥檚 Riley said the new Colorado bill is not enough to permanently protect abortion access, pointing to the strong opposition by Republican lawmakers. She sees the bill as a stopgap measure until 2024, when abortion-rights advocates hope to present Coloradans with a ballot measure that would enshrine access in the state constitution.

鈥淭his will hold us,鈥 Froelich said of the bill. 鈥淲e do feel like this carries us into 2024.鈥

Conservative lawmakers in states considering abortion bans have recognized that residents may look to states such as Colorado in the future. In Missouri, where a state law banning most abortions after eight weeks of pregnancy is being challenged in court, one legislator is trying to to help a Missouri resident get an abortion, regardless of what state it occurs in.

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