Despite President Joe Biden's campaign promises to scrap the Hyde Amendment, the federal provision prohibiting federal money from being used to pay for most abortions remains intact.

The Hyde Amendment, a congressional rider attached to the U.S. Department of Health and Human Services' budget, has barred using federal funds for abortions in most cases since 1976. Its only exceptions are for cases of rape, incest or to save a pregnant woman's life.

In 2021, the then-Democratic-majority House for the first time passed spending legislation that didn't include the Hyde provision. But, by the time the legislation was reconciled with Senate measures and passed into law, the amendment was restored. No Republican voted for the Hyde-free spending bills in committee or in final floor consideration.

Democrats also introduced a bill in January 2023 that would have repealed the Hyde provision by requiring federal health care programs such as Medicaid and Medicare to cover abortion services. It died in committee.

The Hyde Amendment's critics say it most affects low-income women who receive Medicaid, a public insurance program that provides health care coverage to low-income people and their families. They argue the restriction interferes with patients' economic security and their access to safe health care. Supporters believe the amendment shields  taxpayers from funding abortions.

Among states that do not ban abortion, 17 and Washington, D.C., were following the Hyde amendment restrictions as of November 2024, and 20 states were paying for all or other medically necessary abortions for their Medicaid enrollees, according to a KFF analysis.

With Republicans poised to take control of the House and Senate in 2024, the Hyde Amendment is likely here to stay.

We rate this Promise Broken.