In the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, state-level protections for abortion care are essential in guaranteeing the safety and dignity of people capable of pregnancy. In Dobbs, the Court overturned almost fifty years f precedent, concluding that Roe v. Wade and Planned Parenthood v. Casey wrongly determined that pregnant people had a right to access abortion care.  In so doing, it sent the issue of abortion back into the purview of state governments unless and until Congress acts on the issue.  In response, Republican-led states began imposing abortion bans, including total bans that prohibit abortion from the moment of fertilization with only limited medical exceptions.  Democrat-led states have passed laws guaranteeing reproductive rights to their citizens and shielding medical providers and patients from the laws of anti-choice states.  The federal government has not yet placed restrictions on abortions that were not permitted under Roe and Casey, but some Republicans in Congress have demanded that it enact new limitations.

In this legal environment, abortion rights in the District of Columbia are in a precarious position. D.C.’s local government was created by the federal government, and it exercises unique control over its affairs.  The District is also a target of the second Trump administration, putting the local government’s autonomy and ability to protect its residents in jeopardy.  In March 2025, the Republican-led Congress failed to pass a typically uncontroversial bill to fund D.C.’s government using locally-raised tax dollars.  Despite local officials’ warnings of steep cuts to D.C. services, the standoff continued for months, with far-right members of Congress insisting on attaching riders targeting abortion and voting rights in the District.  As of April 2026, Congress has still failed to pass a bill allowing D.C. to use almost one billion dollars in locally-raised taxes, leading local officials to use creative measures to solve the budget shortfall.  Further, in August 2025, President Trump began a law-enforcement surge in the District, which included federalizing members of the National Guard to patrol the city.  Despite the changes they have already made, Republican federal officials continue to threaten the District’s home rule and target local officials in the press.

These developments show that reproductive rights in D.C. are clearly at risk under the current administration and Congress, and given the limited power of the local government, there are few options for ensuring that the current local protections remain in place. However, there are several potential solutions that would give D.C. residents more local autonomy and protect pregnant people within its jurisdiction. This Note will first discuss the structure of D.C.’s government, the pre-Dobbs history of abortion access in D.C., and the impact of Dobbs on abortion in the District.  Next, it will examine the D.C. government’s responses to Dobbs, including the reproductive rights protections it has enacted since the leak of the Court’s draft opinion in May 2022.  Finally, it will analyze the viability of three solutions to protect abortion access in the District: statehood, retrocession to Maryland, and stronger home rule.

Keep Reading “Send Abortion Back to the States:” Options for Protecting Reproductive Rights in D.C. After Dobbs