Americans Oppose Criminalizing Abortion. Too Many Policymakers Aren’t Listening.

Since the Supreme Court ruled in Dobbs v. Jackson and overturned Roe v. Wade in 2022, more than half of U.S. states have passed laws that dramatically restrict and criminalize abortion. These laws assign criminal penalties—including fines and prison time—not only to healthcare providers who provide abortions or write prescriptions for abortion pills, but in some cases, also to people who assist abortion seekers. Yet, a growing body of research suggests these punitive measures do not reflect the views of most Americans.

Our team on the Abortion Attitudes Project has been studying public opinion about abortion for approximately eight years, including whether people believe those involved in abortions—pregnant people, healthcare providers and people helping abortion seekers—should be punished if abortion is made illegal. Across various national surveys we conducted before and after Dobbs, we have consistently found that most people do not endorse harsh penalties for pregnant people or healthcare providers.