TRAP Laws (Targeted Regulation of Abortion Providers)

TL;DR

• TRAP laws are state-level regulations that impose strict requirements on abortion providers and clinics.
• These laws often go beyond what is medically necessary and aim to make it harder for clinics to operate.
• Common TRAP law requirements include hospital admitting privileges and costly building standards.
• Critics say TRAP laws are designed to reduce abortion access under the guise of protecting health.
• The Supreme Court has struck down some TRAP laws as unconstitutional, notably in Whole Woman’s Health v. Hellerstedt (2016).

Definition

Targeted Regulation of Abortion Providers (TRAP) laws are laws that single out abortion clinics and providers for burdensome regulations not required of other medical practices. These laws typically involve health and safety standards, but critics argue they are intended more to restrict access to abortion than to protect patient health.

Key points

• Common TRAP regulations: Requirements for clinics to meet ambulatory surgical center standards, physicians to have admitting privileges at nearby hospitals, and specific hallway widths or room sizes.
• Impact on clinics: Many clinics have closed or limited services because they could not meet the requirements, especially in rural or conservative areas.
• Legal challenges: Courts have struck down some TRAP laws, finding they impose an “undue burden” on abortion access under precedents like Casey and Whole Woman’s Health.
• Political strategy: TRAP laws are often passed in states seeking to restrict abortion without outright bans, using regulatory means instead.

FAQ

• Are TRAP laws based on medical advice? Most major medical organizations argue that TRAP laws are not based on medical necessity and instead create unnecessary barriers.
• What’s an example of a TRAP law being overturned? In Whole Woman’s Health v. Hellerstedt (2016), the Supreme Court struck down Texas laws requiring hospital admitting privileges and surgical center standards.
• Do TRAP laws exist in all states? No. They are more common in states with strong anti-abortion policies and have led to regional disparities in abortion access.

Sources

• Guttmacher Institute. “Targeted Regulation of Abortion Providers (TRAP) Laws.” August 2021. https://www.guttmacher.org/evidence-you-can-use/targeted-regulation-abortion-providers-trap-laws
• Center for Reproductive Rights. “What Are TRAP Laws?” 2022. https://reproductiverights.org/what-are-trap-laws/
• Supreme Court of the United States. Whole Woman’s Health v. Hellerstedt, 579 U.S. ___ (2016). https://www.supremecourt.gov/opinions/15pdf/15-274_new_h315.pdf
• American College of Obstetricians and Gynecologists. “Opposition to TRAP Laws.” 2020. https://www.acog.org/clinical-information/policy-and-position-statements/statements-of-policy/2020/opposition-to-trap-laws