When the Supreme Court overturned Roe v. Wade in 2022, states scrambled to enact their own legal policies to regulate abortion, and a patchwork pattern emerged across the country. While some states protected and even expanded abortion rights and access, others severely curtailed it — like West Virginia.
“West Virginia has always had areas that have been deserts in other forms of health care,” says Dr. Anne Banfield, an OB-GYN who provides abortion services and left the state in early 2022. “And so those women really, in that state, or anyone who needs full-service reproductive care, often have to travel vast distances, creating these deserts, as we call them, where services just aren't available.”
Now, Banfield is concerned about what the 2024 election could bring, and what new changes or restrictions could come.
“I was, I guess, very naive,” Banfield told NPR about her mindset for years before leaving West Virginia. “It never crossed my mind then that I would ever live in a post-Roe world.”
Next-door states with vastly different policies
When the Dobbs decision prevailed, West Virginia’s state legislature acted quickly to make abortion illegal with very few exceptions. The story in neighboring Maryland was different. Sensing that Roe was in danger, Maryland state legislators introduced a number of bills in early 2022 to protect abortion rights. One bill that passed will be up for a referendum vote this fall, and Maryland voters will decide whether or not to enshrine abortion rights in an amendment to their state constitution.
Banfield now practices in a rural area of southern Maryland, and said she doesn’t have the same concerns about being an abortion provider as she had in West Virginia, nor does she feel the same kind of pressure she previously felt to engage in political activism around the issue.
“In Maryland, yes, there are still things, of course, that as an OB-GYN are not things I would support that are introduced into the legislature,” she said. But she added that those issues “are much more few and far between” compared to West Virginia.
Still, Banfield said she had at least come to value her relationship with the community in Elkins, Wv. while she was there. She said she never received any kind of abuse or threats that some providers face, and credits that, in part, to the fact that her former clinic only offered medically-necessary abortions, and not so-called elective procedures.
“If you hear a story in the community because you know somebody's cousin or sister, they're going to tell you the part about, ‘Oh, it was horrible, the baby had no brain,’ or… ‘her water had broken and she got sick,’” Banfield said of the reactions she would hear. But in a state where a majority of residents in years past have said abortions should be illegal in almost all cases, Banfield said there was a limit to some of her neighbors’ understanding.
“You don't necessarily hear other stories … like, ‘The patient had four other children. She was on two forms of birth control and got pregnant and knew she couldn't afford to have another baby,’” Banfield said. “Well, maybe you don't consider that a good reason for an abortion, but it sure as hell is for somebody else.”
Thinking about what 2024 and beyond may bring
Banfield says she still has many friends in Elkins, and recently attended graduation for her god-daughter there. She is not sure she would have left the state based on the Dobbs decision alone, but that practicing in Maryland means she and her patients have more resources and options to make the best decision for their health. And while she is fairly confident in the state of abortion rights in Maryland, she is concerned about what could happen at the federal level.
“My bigger concern for Maryland would be if there would be a federal [anti-abortion] bill passed. And then obviously we're all stuck in the same boat,” she said.
As Banfield looks ahead to November, she is discouraged by another Biden-Trump rematch. And despite President Joe Biden’s promise to protect abortion access, and former President Donald Trump’s pledge to leave the issue up to individual states, Banfield says there are other unknowns that worry her.
“One of the things that Maryland had done was to put in place a shield law to try to protect providers here in Maryland from the consequences of laws in states that have restrictions,” she explained. “But we don't know that when one of us flies into the state of Texas, could your name be on a list? We don't know that those restrictive states aren't going to try to do more things to prevent patients from traveling to reach care.”
Still, Banfield urges voters to pay attention to their local and state candidates as much as the presidential election. The House and the Senate, she said, are the ones who would either send a federal abortion bill to the president’s desk, or kill it before it even got there.
“Please go out and vote for your local elected officials and for your senators and for your legislators,” she said. “Because they make such a difference in what happens and what actually goes to the president's desk.”
Transcript
MARY LOUISE KELLY, HOST:
West Virginia is one of 14 states that enacted a near-total abortion ban after the Supreme Court overturned Roe v. Wade in 2022. The state and surrounding areas have been characterized as an abortion desert.
ANNE BANFIELD: And so those women really, in that state, or anyone who needs full-service reproductive care, often have to travel vast distances, creating these deserts, as we call them, where services just aren't available.
KELLY: That is Dr. Anne Banfield, an OB-GYN and abortion rights activist who left the small town of Elkins, W. Va., where she used to practice, for a job in a rural part of southern Maryland, just months before the Supreme Court struck down Roe.
BANFIELD: So I did, of course, know that the landscape was about to shift. And while it was not the driving force behind my decision, it certainly didn't hurt at all that Maryland, where I was planning to go, was a very protective state.
KELLY: She says it is quite a contrast to practice in Maryland, where laws to protect abortion access were expanded in response to the fall of Roe, and where, this November, voters will decide whether abortion rights will be enshrined in the state's constitution. This week, as part of our series, We, The Voters, I spoke with Dr. Banfield about the political contrast between neighboring states on this election-year issue.
BANFIELD: I was, I guess, very naive, perhaps, when I came out of training. It never crossed my mind then that I would ever live in a post-Roe world. I think that, for folks who weren't working in the space or didn't have a reason to be interested in these issues, even up until the Dobbs decision occurred, I think that there were still people who didn't realize the path that we were on and that they might someday live in a post-Roe world.
KELLY: Or, needless to say, in the middle of an election year where reproductive rights, where access to abortion is a huge issue on voters' minds. How is it weighing on your mind? What are your concerns, thoughts, hopes for this election year?
BANFIELD: I think my biggest concern is that people are not going to vote because they don't think it makes a difference, and that will have down-ballot consequences that we don't see fully. My concern is that we would end up in a situation where there would be federal law passed to restrict access to care. And that disruption of the physician-patient relationship on the federal level is something that I'm very concerned with.
KELLY: Does it reassure you when you hear Donald Trump say he wants to leave these decisions to individual states - let voters and people and the people who they elect in each state make these decisions?
BANFIELD: It doesn't really reassure me because we don't know what the consequences of laws in other states are going to do, even for the providers who are in protected states. You know, one of the things that Maryland had done was to put in place a shield law to try to protect providers here in Maryland from the consequences of laws in states that have restrictions. But we don't know that when one of us flies into the state of Texas, could your name be on a list? We don't know that those restrictive states aren't going to try to do more things to prevent patients from traveling to reach care. So I don't think that saying we're going to leave it as a state decision reassures me or makes me feel better about the situation at all.
KELLY: That brings me to the last thing I wanted to ask you, which is, if you were able to give a message directly to the candidates, either at the top of the ticket or local races back in West Virginia or Maryland, what would you want people running to be our political leaders to know about what it is like to do your job in this post-Roe era?
BANFIELD: I think they all need to recognize that they, as people, would not want interference in the doctor-patient relationships they are in with their physicians. And they should be thinking along those lines when they are making other choices that are going to impact someone else's ability to have the trusted and strong relationship that they need with their health care providers when they are thinking about legislating related to health care.
KELLY: Dr. Anne Banfield, thank you.
BANFIELD: Thank you so much, Mary Louise.
KELLY: And our series, We, The Voters, continues tomorrow. We will hear what can happen when you take more than a dozen voters who strongly disagree and ask them to find common ground on abortion policy. Transcript provided by NPR, Copyright NPR.
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