Congressional Resolution Condemns State Abortion Bans, Declaring Reproductive Rights a Human Right

This concurrent resolution, which is essentially a formal statement of Congress’s opinion, takes a hard line against state laws restricting abortion access following the Dobbs decision. It doesn't create new law, but it lays out some serious findings about what’s happening on the ground and urges states to change course.

The resolution starts by detailing the public health fallout from these restrictions. It cites data showing that denying abortion care leads to an 8% increase in pregnancy-associated mortality overall, with Black women being hit the hardest. It also points out that in states like Texas and Louisiana, pregnant people are twice as likely to die during pregnancy or childbirth. For anyone managing a family or worried about healthcare costs, these statistics are a stark warning that policy changes have direct, life-or-death consequences in the real world.

The Human Cost of Criminalization

One of the most striking parts of this resolution is its focus on the criminal justice system. It finds that between 2006 and 2022, nearly 1,400 people were arrested in relation to pregnancy outcomes, and that in the two years after Dobbs, state prosecutors initiated at least 412 cases charging pregnant people with crimes related to pregnancy or loss. What’s especially concerning is the finding that in 264 of these cases, the information used to prosecute was obtained in a medical setting. Think about that: you go to the doctor for care, and that visit could potentially lead to criminal charges. This creates a chilling effect that could stop people from seeking necessary care, which is bad news for public health across the board.

Policy vs. International Obligations

This resolution argues that the current wave of abortion restrictions is inconsistent with U.S. obligations under international human rights law, citing treaties like the International Covenant on Civil and Political Rights. It affirms that reproductive rights are human rights and condemns the criminalization of abortion or any pregnancy outcome. This framing is a big deal because it shifts the debate from domestic constitutional law to global human rights standards. It’s essentially telling states that their current laws are out of step with what the U.S. has agreed to internationally.

The Call to Action for States

While this resolution is non-binding, its final declarations are a direct challenge to states that have enacted restrictions. Congress urges these states to repeal laws that criminalize abortion, prohibit the prosecution of people for having abortions or for any pregnancy outcome, and generally protect human rights. It also commends local governments—like those in Austin, TX, and Philadelphia, PA—that have passed their own resolutions affirming reproductive rights. For state legislators, this is a clear signal from Congress about where some federal lawmakers believe policy should be headed, even if they can't force the change directly. The resolution also expresses concern that the U.S. Department of State opted out of the upcoming U.N. Universal Periodic Review, linking domestic policy to international accountability.