Abortion in the United States

Abortion is a divisive issue in the United States. The issue of abortion is prevalent in American politics and culture wars, though a majority of Americans support continued access to abortion.[1][2][3][4][5][6] There are widely different abortion laws depending on state.[7]

A state map of the United States color-coded for abortion access. A number of U.S. states in the center and especially south of the country have banned abortion apart from certain medical exceptions. In contrast, abortion is available on demand without a mandated time limit in Alaska, Colorado, Minnesota, New Jersey, New Mexico, Oregon, Vermont, and Washington D.C. Because the situation is changing rapidly, please see the article text for details.
Status of elective abortion in the United States
  Illegal with exceptions[a]
  Legal but no providers
  Legal before cardiac-cell activity[b]
  Legal through 12th week LMP*
  Legal through 15th week LMP* (1st trimester)
  Legal through 18th week LMP*
  Legal through 20th week LMP*
  Legal through 22nd week LMP* (5 months)
  Legal before fetal viability[c]
  Legal through 24th week LMP* (5½ months)
  Legal through second trimester[d]
  Legal at any stage
*LMP is the time since the last menstrual period began.
This color-coded map illustrates the current legal status of elective-specific abortion procedures in each of the individual states, U.S. territories, and federal district.[a] A colored border indicates a more stringent restriction or ban that is blocked by legal injunction or trigger provision (as of September 18, 2023).

From the American Revolution to the mid-19th century abortion was not an issue of significant controversy; most held to the traditional Protestant Christian belief that personhood began at quickening, sometime between 18 and 21 weeks. It was legal prior to quickening in every state under the common law.[8][9][10][11] Connecticut was the first state to regulate abortion in 1821; it outlawed abortion after quickening, the moment in pregnancy when the pregnant woman starts to feel the fetus's movement in the uterus, and forbade the use of poisons to induce one post-quickening. Many states subsequently passed various laws on abortion until the Supreme Court of the United States decisions of Roe v. Wade and Doe v. Bolton decriminalized abortion nationwide in 1973. The Roe decision imposed a federally mandated uniform framework for state legislation on the subject. It also established a minimal period during which abortion is legal, with more or fewer restrictions throughout the pregnancy. Evangelical Christians were initially generally either supportive or indifferent to Roe — citing what they saw as a lack of biblical condemnation on the matter, its perceived affirmation of religious liberty, and furthering of non-intrusive government — but by the 1980s began to join anti-abortion Catholics to overturn the decision.[12][13] That basic framework, modified in Planned Parenthood v. Casey (1992), remained nominally in place, although the effective availability of abortion varied significantly from state to state, as many counties had no abortion providers.[14] Casey held that a law could not place legal restrictions imposing an undue burden for "the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus".[15] In December 2021, the FDA legalized telemedicine provision of medication abortion pills with delivery by mail, but many states have laws which restrict this option.

In 2022, Roe and Casey were overturned in Dobbs v. Jackson Women's Health Organization, ending protection of abortion rights by the United States Constitution and allowing individual states to regulate any aspect of abortion not preempted by federal law.[16] Since 1976, the Republican Party has generally sought to restrict abortion access based on the stage of pregnancy or to criminalize abortion, whereas the Democratic Party has generally defended access to abortion and has made contraception easier to obtain.[17]

The abortion-rights movement advocates for patient choice and bodily autonomy, while the anti-abortion movement maintains that the fetus has a right to live. Historically framed as a debate between the pro-choice and pro-life labels, most Americans agree with some positions of each side.[18] Support for abortion gradually increased in the U.S. beginning in the early 1970s,[19] and stabilized during the 2010s.[20][21] The abortion rate has continuously declined from a peak in 1980 of 30 per 1,000 women of childbearing age (15–44) to 11.3 by 2018.[22] In 2018, 78% of abortions were performed at 9 weeks or less gestation, and 92% of abortions were performed at 13 weeks or less gestation.[22] By 2023, medication abortions accounted for 63% of all abortions.[23] Almost 25% of women will have had an abortion by age 45, with 20% of 30 year olds having had one.[24] In 2019, 60% of women who had abortions were already mothers, and 50% already had two or more children.[25][26] Increased access to birth control has been statistically linked to reductions in the abortion rate.[27][28][29]

As of 2024, California, Michigan, Ohio, and Vermont are the only U.S. states to have explicit rights to abortion in their state constitutions. Other states have implicit rights to abortion subject to state judicial review, such as Kansas and Montana, or simply protect it via state law such as Colorado and Massachusetts. The state constitutions of Alabama, Louisiana, Tennessee, and West Virginia explicitly contain no right to an abortion.

Terminology

The abortion debate most commonly relates to the "induced abortion" of a pregnancy, which is also how the term is used in a legal sense.[nb 1] Some also use the term "elective abortion", which is used in relation to a claim to an unrestricted right of a woman to an abortion, whether or not she chooses to have one. The term elective abortion or voluntary abortion describes the interruption of pregnancy before viability at the request of the woman but not for medical reasons.[33]

In medical parlance, "abortion" can refer to either miscarriage or abortion until the fetus is viable. After viability, doctors call an abortion a "termination of pregnancy".

History

Early history and rise of anti-abortion legislation

Abortion was a fairly common practice in the history of the United States, and was not always controversial.[10][34] At a time when society was more concerned with the more serious consequence of women becoming pregnant out of wedlock, family affairs were handled out of public view.[35][34] Abortion did not become a public controversy until the health risk of unsafe abortions by (female) unlicensed practitioners was brought to the public attention in the 19th century.[36]

James Mohr wrote that even though pre-quickening abortion was legal in the first 3 decades of the 19th century, only 1 in 25 to 1 in 30 pregnancies ended in abortion. By the 1850s and 1860s this number had increased to 1 in 5 or 1 in 6.[37][11] John Keown highlights some challenges in pinning down the common law view, noting that "evidence of quickening would clearly facilitate prosecution".[38][39]

In the mid-1700s, Benjamin Franklin included a recipe for an abortifacient in a math textbook.[40][41] In 1728, Franklin condemned publisher Samuel Keimer for publishing an article on abortion. According to biographer Walter Isaacson, Franklin did not have a strong view on the issue.[42] In The Speech of Polly Baker Franklin places the blame for abortion and infanticide on the sexual double standard against women:[43]

Forgive me Gentlemen, if I talk a little extravagantly on these Matters; I am no Divine: But if you, great Men, must be making Laws, do not turn natural and useful Actions into Crimes, by your Prohibitions. Reflect a little on the horrid Consequences of this Law in particular: What Numbers of procur'd Abortions! and how many distress'd Mothers have been driven, by the Terror of Punishment and public Shame, to imbrue, contrary to Nature, their own trembling Hands in the Blood of their helpless Offspring! Nature would have induc'd them to nurse it up with a Parent's Fondness. 'Tis the Law therefore, 'tis the Law itself that is guilty of all these Barbarities and Murders. Repeal it then, Gentlemen; let it be expung'd for ever from your Books: And on the other hand, take into your wise Consideration, the great and growing Number of Batchelors in the Country, many of whom, from the mean Fear of the Expence of a Family, have never sincerely and honourably Courted a Woman in their Lives; and by their Manner of Living, leave unproduced (which I think is little better than Murder) Hundreds of their Posterity to the Thousandth Generation. Is not theirs a greater Offence against the Public Good, than mine? Compel them then, by a Law, either to Marry, or pay double the Fine of Fornication every Year.

In 1716 New York passed an ordinance prohibiting midwives from providing abortion.[44] Founding Father and Second President of the United States John Adams praised the Spartan lawgiver Lycurgus for refusing his sister-in-law from having an abortion even though it prevented him from assuming power.[44]

Early U.S. statutes did not prohibit early-term abortions: for the most part, abortion was not a crime until quickening, and most exceptions to this in practice were penalties imposed on practitioners if a woman under their care died as a consequence of the procedure.[45] Within the context of a sex scandal,[46] Connecticut became the first state to regulate abortion by statute in 1821. Many states subsequently passed various abortion laws. In 1829, New York made post-quickening abortions a felony and pre-quickening abortions a misdemeanor.[47] This was followed by 10 of the 26 states creating similar restrictions within the next few decades,[48] in particular by the 1860s and 1870s.[36] The first laws related to abortion were made to protect women from real or perceived risks, and those more restrictive penalized only the provider.[49]

Criminalization did not end the practice of abortion; unlicensed doctors and midwives continued to perform them. Most of the women receiving abortions from unlicensed practitioners were poor. Women's safety continued to be a concern, especially after the highly publicized death of Mary Rogers. Wealthier women could pay willing physicians to broadly interpret health exceptions in their favor. Euphemistic advertisements for abortifacients offered an assortment of herbal remedies.[45] Abortions increased during World War II as the need for female labor outweighed other concerns and bribes were often accepted in exchange for lax enforcement. Regulations were tightened after the war to encourage a return to traditional family life, until a reform movement started in the 1950s drawing attention to the public health issue of illegal abortions, and a consensus grew in the medical community that physicians should make decisions about when health exceptions apply.[50]

A number of other factors likely played a role in the rise of anti-abortion laws. As in Europe, abortion techniques advanced starting in the 17th century, and the conservatism of most in the medical profession with regards to sexual matters prevented the wide expansion of abortion techniques.[36][51]

Physicians, who were the leading advocates of abortion criminalization laws, appear to have been motivated at least in part by advances in medical knowledge. Science had discovered that fertilization inaugurated a more or less continuous process of development, which produced a new human being. Quickening was found to be not more or less crucial in the process of gestation than any other step. Many physicians concluded that if society considered it unjustifiable to terminate pregnancy after the fetus had quickened, and if quickening was a relatively unimportant step in the gestation process, then it was just as wrong to terminate a pregnancy before quickening as after quickening.[52] Patricia Cline Cohen, a professor emeritus at the University of California, Santa Barbara, said that these laws had come about not because society saw abortion as a crime, but from a small group of white male doctors from Boston who had taken it upon themselves to prove to the rest of the county that pre-quickening abortion should be seen as a crime. The doctors used flawed math to convince the American Medical Association to accept that pre-quickening abortion should also be outlawed, leading to the raft of state laws banning abortion in the latter half of the 19th century.[53] Doctors were also influenced by practical reasons to advocate anti-abortion laws. For one, abortion providers were usually female midwives without formal training or education. In an age where the leading doctors in the nation were attempting to standardize the medical profession, these unlicensed practitioners were considered a nuisance to public health.[54][36]

Despite campaigns to end the practice of abortion, abortifacient advertising was highly effective and abortion was commonly practiced, with the help of a midwife or other women,[8] in the mid-19th century,[55][56] although they were not always safe.[57] While the precise abortion rate was not known, James Mohr's 1978 book Abortion in America documented multiple recorded estimates by 19th-century physicians,[36] which suggested that between around 15% and 35% of all pregnancies ended in abortion during that period.[58] This era also saw a marked shift in the people who were obtaining abortions. Before the start of the 19th century, most abortions were sought by unmarried women, who had become pregnant out of wedlock and for which there was much less compassion compared to married women who got an abortion; many of them were wealthy and paid well.[36] Out of 54 abortion cases published in American medical journals between 1839 and 1880, over half were sought by married women, and well over 60% of the married women already had at least one child.[59]

The sense that married women were now frequently obtaining abortions worried many conservative physicians, who were almost exclusively men. In the Reconstruction era, much of the blame was placed on the burgeoning women's rights movement. Though the medical profession expressed hostility toward feminism, many feminists of the era were also opposed to abortion.[36][60][61] In The Revolution, a newspaper operated by Elizabeth Cady Stanton and Susan B. Anthony, an 1869 opinion piece was published arguing that instead of merely attempting to pass a law against abortion, the root cause must also be addressed.[61][62] The writer stated that simply passing an anti-abortion law would be "only mowing off the top of the noxious weed, while the root remains. ... No matter what the motive, love of ease, or a desire to save from suffering the unborn innocent, the woman is awfully guilty who commits the deed. It will burden her conscience in life, it will burden her soul in death; But oh! thrice guilty is he who drove her to the desperation which impelled her to the crime."[63] To many feminists of this era, abortion was regarded as an undesirable necessity forced upon women by thoughtless men.[64] The free love wing of the feminist movement refused to advocate for abortion and treated the practice as an example of the hideous extremes to which modern marriage was driving women.[65] Marital rape and the seduction of unmarried women were societal ills, which feminists believed caused the need to abort, as men did not respect women's right to abstinence.[65] Feminist opposition to abortion was much less prevalent by the 20th century, and it was feminists and physicians who came to question anti-abortion laws and raise public interest in the 1960s.[36]

 
Abortion laws in the U.S. before Roe:[66]
  Fully illegal (1 state).
  Legal in cases of risk to woman's life (29 states).
  Legal in cases of rape (1 state).
  Legal in cases of risk to woman's health (2 states).
  Legal in cases of risk to woman's health, rape or incest, or likely damaged fetus (12 states).
  Legal on request (5 states).

Physicians, one of the most famous and consequential being Horatio Storer, remained the loudest voice in the anti-abortion debate, and they carried their agenda to state legislatures around the country, advocating not only anti-abortion laws but also laws against birth control on racist and pseudoscientific grounds;[67] religious groups were not particularly active within this movement,[68] which presaged the modern debate over women's body rights.[69] Though many of these laws indicated the woman as a co-criminal, she was rarely prosecuted.[36] A campaign was launched against the movement and the use and availability of contraceptives. Criminalization of abortion accelerated from the late 1860s through the efforts of concerned legislators, doctors, and the American Medical Association influenced by Storer,[70][71] and were facilitated by the press.[36] In 1873, Anthony Comstock created the New York Society for the Suppression of Vice, an institution dedicated to supervising the morality of the public. Later that year, Comstock successfully influenced the United States Congress to pass the Comstock Law, which made it illegal to deliver through the U.S. mail any "obscene, lewd, or lascivious" material. It also prohibited producing or publishing information pertaining to the procurement of abortion, birth control, and venereal disease, including to medical students.[72] The production, publication, importation, and distribution of such materials was suppressed under the Comstock Law as being obscene, and similar prohibitions were passed by 24 of the 37 states.[73]

In 1900, abortion was normally a felony in every state. Some states included provisions allowing for abortion in limited circumstances, generally to protect the woman's health or to terminate pregnancies arising from rape or incest.[74] Most Americans did not view abortion as a crime, and abortions continued to occur and became increasingly available.[75] The American Birth Control League was founded by Margaret Sanger in 1921; it would become Planned Parenthood Federation of America in 1942.[76][77] By the 1930s, licensed physicians performed an estimated 800,000 abortions a year.[78]

Sherri Finkbine

In the early 1960s, a controversy centered around children's television host Sherri Finkbine that helped bring abortion and abortion law more directly into the American public eye. Living in the area of Phoenix, Arizona, Finkbine had had four healthy children; during her pregnancy with her fifth child, she discovered the child might have severe deformities when born.[79] This was likely because Finkbine had been taking sleeping pills that she was unaware contained thalidomide, a drug that increases the risk of fetal deformities during pregnancy.[80] Though Finkbine wanted an abortion, the abortion laws of Arizona only allowed abortions if a pregnancy posed a threat to the woman's life. The situation gained public attention after Finkbine shared the story with a reporter from The Arizona Republic, who disclosed her identity in spite of her requests for anonymity. On August 18, 1962, Finkbine traveled to Sweden to obtain a legal abortion, where it was confirmed that the fetus had severe deformities.[81]

Finkbine's story marked a turning point for women's reproductive rights and abortion law in the United States. Still, Finkbine was only able to get an abortion because she could afford to travel overseas for it,[82] highlighting an inequality in abortion rights persisting to this day whereby many women cannot afford or otherwise do not have the resources to obtain a legal abortion; in such cases, women may turn to illegal abortion.[83][84]

Pre-Roe precedents

In 1964, Gerri Santoro of Connecticut died trying to obtain an illegal abortion, and her photo became the symbol of an abortion-rights movement. Some women's rights activist groups developed their own skills to provide abortions to women who could not obtain them elsewhere. As an example, in Chicago, a group known as "Jane" operated a floating abortion clinic throughout much of the 1960s. Women seeking the procedure would call a designated number and be given instructions on how to find "Jane".[85]

In 1965, the U.S. Supreme Court case Griswold v. Connecticut struck down one of the remaining contraception Comstock laws in Connecticut and Massachusetts.[86] However, Griswold only applied to marital relationships, allowing married couples to buy and use contraceptives without government restriction. It took until 1972, with Eisenstadt v. Baird, to extend the precedent of Griswold to unmarried persons as well.[87] Following the Griswold case, the American College of Obstetricians and Gynecologists (ACOG) issued a medical bulletin accepting a recommendation from six years earlier that clarified that "conception is the implantation of a fertilized ovum",[88] and consequently birth control methods that prevented implantation became classified as contraceptives, not abortifacients.

In 1967, Colorado became the first state to decriminalize abortion in cases of rape, incest, or in which pregnancy would lead to permanent physical disability of the woman. Similar laws were passed in California, Oregon, and North Carolina. In 1970, Hawaii became the first state to legalize abortions on the request of the woman,[89] and New York repealed its 1830 law and allowed abortions up to the 24th week of pregnancy. Similar laws were soon passed in Alaska and Washington. In 1970, Washington held a referendum on legalizing early pregnancy abortions, becoming the first state to legalize abortion through a vote of the people.[90] A law in Washington, D.C., which allowed abortion to protect the life or health of the woman, was challenged in the Supreme Court in 1971 in United States v. Vuitch. The court upheld the law, deeming that "health" meant "psychological and physical well-being", essentially allowing abortion in Washington, D.C. By the end of 1972, 13 states had a law similar to that of Colorado, while Mississippi allowed abortion in cases of rape or incest only and Alabama and Massachusetts allowed abortions only in cases where the woman's physical health was endangered. In order to obtain abortions during this period, women would often travel from a state where abortion was illegal to one where it was legal. The legal position prior to Roe v. Wade was that abortion was illegal in 30 states and legal under certain circumstances in 20 states.[91]

In the late 1960s, a number of organizations were formed to mobilize opinion both against and for the legalization of abortion. In 1966, the National Conference of Catholic Bishops assigned Monsignor James T. McHugh to document efforts to reform abortion laws, and anti-abortion groups began forming in various states in 1967. In 1968, McHugh led an advisory group which became the National Right to Life Committee.[92][93] The forerunner of the NARAL Pro-Choice America was formed in 1969 to oppose restrictions on abortion and expand access to abortion.[94] Following Roe v. Wade, in late 1973, NARAL became the National Abortion Rights Action League.

Roe v. Wade

 
The United States Supreme Court membership in 1973
F.l.t.r. seated Potter Stewart, William O. Douglas, Warren E. Burger (chief justice), William Brennan, and Byron White.
Standing Lewis F. Powell, Thurgood Marshall, Harry Blackmun, and William Rehnquist.

Prior to Roe v. Wade, 30 states prohibited abortion without exception, 16 states banned abortion except in certain special circumstances (e.g. rape, incest, and health threat to mother), 3 states allowed residents to obtain abortions, and New York allowed abortions generally.[95] Early that year, on January 22, 1973, the U.S. Supreme Court in Roe v. Wade invalidated all of these laws, and set guidelines for the availability of abortion. The decision returned abortion to its liberalized pre-1820 status.[36] Roe established that the right of privacy of a woman to obtain an abortion "must be considered against important state interests in regulation".[96] Roe also established a trimester framework, defined as the end of the first pregnancy trimester (12 weeks), as the threshold for state interest, such that states were prohibited from banning abortion in the first trimester but allowed to impose increasing restrictions or outright bans later in pregnancy.[96]

In deciding Roe v. Wade, the Court ruled that a Texas statute forbidding abortion except when necessary to save the life of the mother was unconstitutional. The Court arrived at its decision by concluding that the issue of abortion and abortion rights falls under the right of privacy in the United States (e.g. federal constitutionally-protected right), in the sense of the right of a person not to be encroached by the state. In its opinion, it listed several landmark cases where the court had previously found a right to privacy implied by the Constitution. The Court did not recognize a right to abortion in all cases, saying: "State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother."[97]

The Court held that a right to privacy existed and included the right to have an abortion. The court found that a mother had a right to abortion until viability, a point to be determined by the abortion doctor. After viability a woman can obtain an abortion for health reasons, which the Court defined broadly to include psychological well-being. A central issue in the Roe case and in the wider abortion debate in general is whether human life or personhood begins at conception, birth, or at some point in between. The Court declined to make an attempt at resolving this issue, writing: "We need not resolve the difficult question of when life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer." Instead, it chose to point out that historically, under English and American common law and statutes, "the unborn have never been recognized ... as persons in the whole sense", and thus the fetuses are not legally entitled to the protection afforded by the right to life specifically enumerated in the Fourteenth Amendment. Rather than asserting that human life begins at any specific point, the Court declared that the state has a "compelling interest" in protecting "potential life" at the point of viability.[97]

Doe v. Bolton

Under Roe v. Wade, state governments may not prohibit late terminations of pregnancy when "necessary to preserve the life or health of the mother", even if it would cause the demise of a viable fetus.[98] This rule was clarified by the 1973 judicial decision Doe v. Bolton, which specifies "that the medical judgment may be exercised in the light of all factors—physical, emotional, psychological, familial, and the woman's age—relevant to the well-being of the patient".[99][100][101] It is by this provision for the mother's mental health that women in the U.S. legally choose abortion after viability when screenings reveal abnormalities that do not cause a baby to die shortly after birth.[102][103][104][105]

Planned Parenthood v. Casey

In the 1992 case of Planned Parenthood v. Casey, the Court abandoned Roe's strict trimester framework but maintained its central holding that women have a right to choose to have an abortion before viability.[106] Roe had held that statutes regulating abortion must be subject to "strict scrutiny"—the traditional Supreme Court test for impositions upon fundamental Constitutional rights. Casey instead adopted the lower, undue burden standard for evaluating state abortion restrictions,[106] but re-emphasized the right to abortion as grounded in the general sense of liberty and privacy protected under the constitution: "Constitutional protection of the woman's decision to terminate her pregnancy derives from the Due Process Clause of the Fourteenth Amendment to the United States Constitution. It declares that no state shall "deprive any person of life, liberty, or property, without due process of law." The controlling word in the cases before us is 'liberty'."[107]

The Supreme Court continues to make decisions on this subject. On April 18, 2007, it issued a ruling in the case of Gonzales v. Carhart, involving a federal law entitled the Partial-Birth Abortion Ban Act of 2003 which President George W. Bush had signed into law. The law banned intact dilation and extraction, which opponents of abortion rights referred to as "partial-birth abortion", and stipulated that anyone breaking the law would get a prison sentence up to 2.5 years. The United States Supreme Court upheld the 2003 ban by a narrow majority of 5–4, marking the first time the Court has allowed a ban on any type of abortion since 1973. The opinion, which came from justice Anthony Kennedy, was joined by Justices Antonin Scalia, Clarence Thomas, and the two recent appointees, Samuel Alito and Chief Justice John Roberts.

In the case of Whole Woman's Health v. Hellerstedt, the Supreme Court in a 5–3 decision on June 27, 2016, swept away forms of state restrictions on the way abortion clinics can function. The Texas legislature enacted in 2013 restrictions on the delivery of abortions services that, it was argued by its opponents, created an undue burden for women seeking an abortion by requiring abortion doctors to have difficult-to-obtain "admitting privileges" at a local hospital and by requiring clinics to have costly hospital-grade facilities. The Court supported this argument and struck down these two provisions "facially" from the law at issue—that is, the very words of the provisions were invalid, no matter how they might be applied in any practical situation. According to the Supreme Court, the task of judging whether a law puts an unconstitutional burden on a woman's right to abortion belongs with the courts, and not the legislatures.[108]

The Supreme Court ruled similarly in June Medical Services, LLC v. Russo on June 29, 2020, in a 5–4 decision that a Louisiana state law, modeled after the Texas law at the center of Whole Woman's Health, was unconstitutional.[109] Like Texas' law, the Louisiana law required certain measures for abortion clinics that, if having gone into effect, would have closed five of the six clinics in the state. The case in Louisiana was put on hold pending the result of Whole Woman's Health, and was retried based on the Supreme Court's decision. While the District Court ruled the law unconstitutional, the Fifth Circuit found that unlike the Texas law, the burden of the Louisiana law passed the tests outlined in Whole Woman's Health, and thus the law was constitutional. The Supreme Court issued an order to suspend enforcement of the law pending further review, and agreed to hear the case in full in October 2019. It was the first abortion-related case to be heard by President Donald Trump's appointees to the Court, Neil Gorsuch and Brett Kavanaugh.[110] The Supreme Court found the Louisiana law unconstitutional for the same reasons as the Texas one, reversing the Fifth Circuit. The judgment was supported by Chief Justice John Roberts who had dissented on Whole Woman's Health but joined in judgment as to upholding the court's respect for the past judgment in that case.[109]

Dobbs v. Jackson Women's Health Organization

 
The composition of the Supreme Court at the time of Dobbs
Front row, l.t.r.: Samuel Alito, Clarence Thomas, John G. Roberts, Jr., Justice Stephen G. Breyer, Sonia Sotomayor.
Back row, l.t.r.: Brett M. Kavanaugh, Elena Kagan, Neil M. Gorsuch, Amy Coney Barrett.

The Supreme Court granted certiorari to Dobbs v. Jackson Women's Health Organization in May 2021, a case that challenges the impact of Roe v. Wade in blocking enforcement of a 2018 Mississippi law (the Gestational Age Act) that had banned any abortions after the first 15 weeks.[111] Oral arguments to Dobbs were held in December 2021, and a decision was expected by the end of the 2021–22 Supreme Court term. On September 1, 2021, Texas passed the Texas Heartbeat Act, one of the most restrictive abortion laws in the nation, banning most procedures after six weeks.[112] On May 2, 2022, a leaked draft majority opinion for Dobbs, written by Samuel Alito, set to overturn Roe was reported by Politico.[113]

On June 24, 2022, the Supreme Court overruled both Roe and Planned Parenthood v. Casey in the Dobbs case on originalist grounds that a right to abortion cannot be found in the U.S. Constitution. John Roberts, the Chief Justice of the United States, concurred in the decision to uphold the law at question as constitutional, by a 6–3 vote, and did not support overruling both Roe and Casey.[114][115] This enabled trigger laws, which had been passed in 13 states,[116][117][118] to effectively ban abortions in those states.[119][120]

Abortion-related initiatives were placed on the 2022 ballot in six states, the most in a single year. 2022 California Proposition 1, 2022 Michigan Proposal 3, and Vermont Proposal 5 enshrined the right to an abortion in state constitutions, while the 2022 Kansas abortion referendum, 2022 Kentucky Amendment 2, and Montana Legislative Referendum No. 131 rejected restrictions on abortion.[121] Voters in Ohio defeated August 2023 Ohio Issue 1 intended to make changes to the state's constitution more difficult, ahead of November 2023 Ohio Issue 1, which added the right to an abortion to the Ohio constitution.[122]

Travel to Mexico

 
Availability of abortion in Mexican states.
  Illegal but providers are not prosecuted
  Legal during first 15 weeks LMP (first 12 weeks of pregnancy)
  Legal for economic reasons if mother already has 3 children

In the wake of state abortion bans and restrictions in the United States, Americans have started traveling to Mexico for abortions, and Mexico has expressed a willingness to help.[123][124]

At least partly due to a unanimous 2021 Supreme Court of Justice of the Nation decision that penalties for abortion violate women's rights, abortion-providers are not prosecuted even in states where abortion remains illegal under state law; there are also legal exemptions for rape and medical reasons, and a police report is not required for a rape exemption. Providers openly treat American travelers in several states where abortion remains technically illegal, such as Nuevo Leon, which neighbors Texas. Following the Supreme Court ruling, abortion is being gradually legalized at the state level, and as of 2022 is legal during the first trimester (before the 13th week after implantation) in eleven states and Mexico City.[125][126] In an additional two states, abortion is legal for economic reasons if a woman already has 3 children; this is during the first trimester for one (Michoacan) and with no set limit for the other (Yucatán).[127]

Medical abortion

Medical abortion via mifepristone and misoprostol was approved for abortion in the United States by the FDA in September 2000.[128] As of 2007, it was legal and available in all 50 states, Washington, D.C., Guam, and Puerto Rico.[129] It was a prescription drug, and required that it could only be distributed to the public through specially qualified licensed physicians.[130]

In the midst of the COVID-19 pandemic on December 16, 2021, in light of the difficulties in accessing in-person healthcare services, the FDA approved the distribution of mifepristone via mail.[131] In states where abortion is banned or restricted, women are able to obtain pills through ordering from overseas online pharmacies, purchasing from pharmacies in Mexico, from services such as Aid Access,[132] or through a network of U.S.-Mexico border organizations that includes Red Necesito Abortar, Las Libres [es], and Marea Verde.[133][134][135][136][137]

In January 2023, the U.S. Department of Justice stated that USPS mailing of pills for medication abortion, even into states where abortion services are restricted, does not violate federal law.[138] In 2023, online access to abortion medication by mail delivered by the US Postal Service is currently available to citizens of all states.[139]

In light of the Dobbs decision, the Alliance Defending Freedom launched a lawsuit in November 2022 in the Northern District of Texas under Judge Matthew J. Kacsmaryk to seek to overturn the FDA's original approval of mifepristone. The Alliance argued that the FDA had ignored some studies that showed the medication to have harmful side effects, while the current federal administration under Joe Biden, the manufacturers of the drugs, and several doctors vouched for the safety of the drugs and the lack of standing in the plaintiff's case. Despite this, Judge Kacsmaryk ruled for the Alliance on April 7, 2023, reversing the FDA's approval and banning mifepristone across the United States after seven days.[140] A district judge in a separate lawsuit, Thomas O. Rice of the Eastern District of Washington, ruled that the FDA should not reverse access to mifepristone in 16 states.[141] Kacsmaryk's ruling was partially reversed by a panel on the Fifth Circuit Court of Appeals, leaving mifepristone on the market but reverting efforts made by the FDA to liberalize its use over seven years.[142] The case is expected to be ruled on by the Supreme Court.[141] Mifepristone is used for abortion in the tenth week of pregnancy. With the fact reported by the Guttmacher Institute, that more than half of abortion in the US is done with drugs,[143] the judge's decision will have a strong consequence.[144]

Legal status

Federal legislation

Since 1995, led by congressional Republicans, the U.S. House of Representatives and U.S. Senate have moved several times to pass measures banning the procedure of intact dilation and extraction, commonly known as partial birth abortion. Such measures passed twice by wide margins, but President Bill Clinton vetoed those bills in April 1996 and October 1997 on the grounds that they did not include health exceptions. Congressional supporters of the bill argue that a health exception would render the bill unenforceable, since the Doe v. Bolton decision defined "health" in vague terms, justifying any motive for obtaining an abortion. Congress was unsuccessful with subsequent attempts to override the vetoes.

The Born-Alive Infants Protection Act (BAIPA) was enacted August 5, 2002, by an Act of Congress and signed into law by George W. Bush. It asserts the human rights of infants born after a failed attempt to induce abortion. A "born-alive infant" is specified as a "person, human being, child, individual". "Born alive" is defined as the complete expulsion of an infant at any stage of development that has a heartbeat, pulsation of the umbilical cord, breath, or voluntary muscle movement, no matter if the umbilical cord has been cut or if the expulsion of the infant was natural, induced labor, cesarean section, or induced abortion. The Born-Alive Abortion Survivors Protection Act is a proposed piece of legislation that would result in criminal penalties for any practitioner who denies a born-alive infant care.

On October 2, 2003, with a vote of 281–142, the House approved the Partial-Birth Abortion Ban Act to ban intact dilation and extraction, with an exemption in cases of fatal threats to the woman. Through this legislation, a doctor could face up to two years in prison and civil lawsuits for performing such a procedure. A woman undergoing the procedure could not be prosecuted under the measure. On October 21, 2003, the United States Senate passed the bill by a vote of 64–34, with a number of Democrats joining in support. The bill was signed by President George W. Bush on November 5, 2003, but a federal judge blocked its enforcement in several states just a few hours after it became public law. The Supreme Court upheld the nationwide ban on the procedure in the case Gonzales v. Carhart on April 18, 2007, signaling a substantial change in the Court's approach to abortion law.[145] The 5–4 ruling said the Partial Birth Abortion Ban Act does not conflict with previous decisions regarding abortion.

The judicial interpretation of the U.S. Constitution regarding abortion, following the Supreme Court of the United States's 1973 landmark decision in Roe v. Wade, and subsequent companion decisions, is that abortion is legal but may be restricted by the states to varying degrees. States have passed laws to restrict late-term abortions, require parental notification for minors, and mandate the disclosure of abortion risk information to patients prior to the procedure.[146]

The official report of the U.S. Senate Judiciary Committee, issued in 1983 after extensive hearings on the Human Life Amendment (proposed by Senators Orrin Hatch and Thomas Eagleton), stated: "Thus, the [Judiciary] Committee observes that no significant legal barriers of any kind whatsoever exist today in the United States for a mother to obtain an abortion for any reason during any stage of her pregnancy."[147]

One aspect of the legal abortion regime now in place has been determining when the fetus is "viable" outside the womb as a measure of when the "life" of the fetus is its own (and therefore subject to being protected by the state). In the majority opinion delivered by the court in Roe v. Wade, viability was defined as "potentially able to live outside the mother's womb, albeit with artificial aid. Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks". When the court ruled in 1973, the then-current medical technology suggested that viability could occur as early as 24 weeks. Advances over the past three decades allow survival of some babies born at 22 weeks.[148]

As of 2006, the youngest child to survive a premature birth in the United States was a girl born at Kapiolani Medical Center in Honolulu, Hawaii, at 21 weeks and 3 days gestation.[149] Because of the split between federal and state law, legal access to abortion continues to vary by state. Geographic availability varies dramatically, with 87 percent of U.S. counties having no abortion provider.[150] Moreover, due to the Hyde Amendment, many Medicaid state programs do not cover abortions; as of 2022, 17 states including California, Illinois, and New York offer or require such coverage.[151]

The legality of abortion is frequently a major issue in nomination battles for the U.S. Supreme Court. Nominees typically remain silent on the issue during their hearings, as the issue may come before them as judges.[152]

The Unborn Victims of Violence Act, commonly known as Laci and Conner's Law, was passed by Congress and signed into law by President Bush on April 1, 2004, allowing two charges to be filed against someone who kills a pregnant mother (one for the mother and one for the fetus). It specifically bans charges against the mother and/or doctor relating to abortion procedures. Nevertheless, it has generated much controversy among pro-abortion rights advocates who view it as a potential step in the direction of banning abortion.

In 2021, the Women's Health Protection Act, which would codify abortion rights into federal law, was introduced by Judy Chu.[153] The bill passed the U.S. House of Representatives but was rejected by the U.S. Senate.[154]

After the Dobbs decision, Merrick Garland, the U.S. Attorney General, asserted that under federal law, states do not have the right to restrict access to FDA-approved abortion pills, but Louisiana passed a law to ban mailing them.[155] Legal experts cited as a potentially persuasive precedent the 2014 district decision in Zogenix v. Patrick, in which the court ruled that under the doctrine of federal preemption, Massachusetts could not ban the opioid Zohydro because it had been approved by the FDA.[156][157]

On September 13, 2022, Republican senator Lindsey Graham introduced legislation that would ban abortion nationwide after 15 weeks of pregnancy with exceptions for rape, incest, and the life of the patient, named the Protecting Pain-Capable Unborn Children from Late-Term Abortions Act.[158][159][160] Graham had previously introduced the Pain-Capable Unborn Child Protection Act, which set the period at 20 weeks.[161]

Penalties by state

Currently, 13 states have criminal penalties for performing abortions, regardless of gestational age.[162] The penalties in states that have made abortion illegal vary, as outlined below.

This chart lists only the penalties authorized specifically by the state laws which explicitly restrict (or ban) abortions. The chart does not address the risk of being prosecuted for violating any other law because of the abortion. The jurisprudence surrounding this question – whether laws such as "fetal-personhood laws",[163] or laws originally intended to protect pregnant women and their pregnancies from external aggressors, can now also be used to prosecute women who obtain abortions, or who terminate their own pregnancies, deliberately or unintentionally[164] – is unsettled, variable, and, in some states, unclear.[165] States with criminal penalties that are blocked by a court, have yet to take effect, or are unenforced are denoted by a grey background.

State Sentence
Abortion providers Patients getting abortions
  Alabama Performing an abortion is a Class A felony punishable by imprisonment for at least 10 years up to 99 years or life. Attempting to perform an abortion is a Class C felony punishable by imprisonment for at least 1 year and 1 day up to 10 years.[166] None authorized by the state's ban on abortion.[167]
  Arizona Performing or attempting to perform an abortion is punishable by imprisonment for a minimum of 2 years and a maximum of 5 years.[168]
  Arkansas Performing or attempting to perform an abortion is an unclassified felony punishable by imprisonment not to exceed 10 years and/or a maximum fine of $100,000.[169] None authorized by the state's ban on abortion.[170]
  Idaho Performing an abortion is a felony punishable by imprisonment for not less than 2 and not more than 5 years and/or a maximum fine of $5,000.[171] Purposely terminating a pregnancy other than by live birth is a felony punishable by imprisonment for not less than 1 and not more than 5 years and/or a maximum fine of $5,000.[172]
  Indiana Performing an illegal abortion is a Level 5 felony punishable by imprisonment for 1 to 6 years and/or a fine of up to $10,000.[173] None authorized by the state's ban on abortion.[174]
  Kentucky Intentional termination of life of an unborn human being is a class D felony punishable by imprisonment for not less than 1 and not more than 5 years.[175] None authorized by the state's ban on abortion.[176]
  Louisiana Committing an abortion is punishable by imprisonment for not less than one year and not more than ten years and/or a fine of not less than $10,000 or more than $100,000.[177] None authorized by the state's ban on abortion.[178]
  Mississippi Performing or attempting to perform an abortion is punishable by imprisonment for not less than 1 year and not more than 10 years.[179] None authorized by the state's ban on abortion.[180]
  Missouri Performing an abortion is a class B felony punishable by imprisonment for at least five years and no more than fifteen years.[181] None authorized by the state's ban on abortion.[182]
  North Dakota Performing an abortion is a class C felony punishable by imprisonment for a maximum of five years and/or a fine of $10,000.[183] None authorized by the state's ban on abortion.[184]
  Oklahoma Performing or attempting to perform an abortion is a felony punishable by imprisonment for a term not to exceed ten years and/or a maximum fine of $100,000.[185] None authorized by the state's ban on abortion.[186]
  South Dakota Procurement of abortion is a class 6 felony punishable by up to two years imprisonment and/or a fine of $4,000.[187]
  Tennessee Performing or attempting to perform an abortion is a class C felony punishable by imprisonment for not less than 3 years and not more than 15 years.[188] None authorized by the state's ban on abortion.[189]
  Texas Performing or attempting to perform an abortion is a first-degree felony if an unborn child ("an individual living member of the homo sapiens species from fertilization until birth, including the entire embryonic and fetal stages of development") dies as a result of the offense punishable by imprisonment of not less than 5 years and not more than 99 years and a maximum fine of $10,000; or a second-degree felony otherwise punishable by imprisonment of not less than 2 years and not more than 20 years and a maximum fine of $10,000.[190] None authorized by the state's ban on abortion.[191]
  Utah Killing an unborn child (not defined in the statute) is a second-degree felony punishable by imprisonment for not less than 1 and not more than 15 years.[192]
  West Virginia Performing an illegal abortion is a felony punishable by imprisonment for a minimum of 3 years and a maximum of 10 years.[193] None authorized by the state's ban on abortion.[194]
  Wisconsin Performing an abortion is a class H felony punishable by imprisonment for a maximum of 6 years and/or a fine of $10,000.[195] None authorized by the state's ban on abortion.[196]
  Wyoming Violation of abortion restrictions is a felony punishable by imprisonment for not more than 14 years.[197]

State-by-state legal status

 
States in which the right to an abortion is protected, either through state law, a state supreme court ruling, or both.[198]
  Abortion access protected by state law
  Abortion access protected by state Constitution
  Abortion access protected via both state law and state Constitution
  No state level protections
 
Map showing which states require parental involvement (minors).
  Parental notification or consent not required
  One parent must be informed beforehand
  Both parents must be informed beforehand
  One parent must consent beforehand
  Both parents must consent beforehand
  One parent must consent and be informed beforehand
  Parental notification law currently enjoined
  Parental consent law currently enjoined
 
Mandatory waiting period laws in the U.S.
  No mandatory waiting period
  Waiting period of less than 24 hours
  Waiting period of 24 hours or more
  Waiting period law currently enjoined
 
Abortion counseling laws in the U.S.
  No mandatory counselling
  Counselling in person, by phone, mail, and/or other
  Counselling in person only
  Counselling law enjoined
[needs update]
 
Mandatory ultrasound laws in the U.S.
  Mandatory. Must display image.
  Mandatory. Must offer to display image.
  Mandatory. Law unenforceable.
  Not mandatory. If ultrasound is performed, must offer to display image.
  Not mandatory. Must offer ultrasound.
  Not mandatory.

Prior to 2022 abortion was legal in all U.S. states, and every state had at least one abortion clinic.[199][200] Abortion is a controversial political issue, and regular attempts to restrict it occur in most states. Two such cases, originating in Texas and Louisiana, led to the Supreme Court cases of Whole Woman's Health v. Hellerstedt (2016) and June Medical Services, LLC v. Russo (2020) in which several Texas and Louisiana restrictions were struck down.[201][202]

The issue of minors and abortion is regulated at the state level, and 37 states require some parental involvement, either in the form of parental consent or in the form of parental notification. In certain situations, the parental restrictions can be overridden by a court.[203] Mandatory waiting periods, mandatory ultrasounds and scripted counseling are common abortion regulations. Abortion laws are generally stricter in conservative Southern states than they are in other parts of the country.

In 2019, New York passed the Reproductive Health Act (RHA), which repealed a pre-Roe provision that banned third-trimester abortions except in cases where the continuation of the pregnancy endangered a pregnant woman's life.[204][205]

Abortion in the Northern Mariana Islands, a United States Commonwealth territory, is illegal.[206][207][208]

Alabama House Republicans passed a law on April 30, 2019, that will criminalize most abortion if it goes into effect.[209] Dubbed the "Human Life Protection Act", it offers only two exceptions: serious health risk to the mother or a lethal fetal anomaly. Amendments that would have added cases of rape or incest to the list of exceptions were rejected[210] It will also make the procedure a Class A felony.[211] Twenty-five male Alabama senators voted to pass the law on May 13.[212] The next day, Alabama governor Kay Ivey signed the bill into law, primarily as a symbolic gesture in hopes of challenging Roe v. Wade in the Supreme Court.[213][214]

Since Alabama introduced the first modern anti-abortion legislation in April 2019, five other states have also adopted abortion laws including Mississippi, Kentucky, Ohio, Georgia and most recently Louisiana on May 30, 2019.[215]

In May 2019, the U.S. Supreme Court upheld an Indiana state law that requires fetuses which were aborted be buried or cremated.[216] In a December 2019 case, the court declined to review a lower court decision which upheld a Kentucky law requiring doctors to perform ultrasounds and show fetal images to patients before abortions.[217]

On June 29, 2020, previous Supreme Court rulings banning abortion restrictions appeared to be upheld when the U.S. Supreme Court struck down the Louisiana anti-abortion law.[218] Following the ruling, the legality of laws restricting abortion in states such as Ohio was then called into question.[219] It was also noted that Supreme Court Chief Justice John Roberts, who agreed that the Louisiana anti-abortion law was unconstitutional, had previously voted to uphold a similar law in Texas which was struck down by the U.S. Supreme Court in 2016.[220]

In May 2021, Texas lawmakers passed the Texas Heartbeat Act, banning abortions as soon as cardiac activity can be detected, typically as early as six weeks into pregnancy, and often before women know they are pregnant due to the length of the menstrual cycle (which usually lasts a median of four weeks and in some cases can be irregular).[221] In order to avoid traditional constitutional challenges based on Roe v. Wade, the law provides that any person, with or without any vested interest, may sue anyone that performs or induces an abortion in violation of the statute, as well as anyone who "aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise."[222] The law was challenged in courts, though had yet to have a full formal hearing as its September 1, 2021, enactment date came due. Plaintiffs sought an order from the U.S. Supreme Court to stop the law from coming into effect, but the Court issued a denial of the order late on September 1, 2021, allowing the law to remain in effect. While unsigned, Chief Justice John Roberts and Justice Stephen Breyer wrote dissenting opinions joined by Justices Elena Kagan and Sonia Sotomayor that they would have granted an injunction on the law until a proper judicial review.[223][224]

On September 9, 2021, Merrick Garland, the Attorney General and head of the United States Department of Justice, sued Texas over the Texas Heartbeat Act on the basis that "the law is invalid under the Supremacy Clause and the Fourteenth Amendment to the United States Constitution, is preempted by federal law, and violates the doctrine of intergovernmental immunity".[225] Garland further noted that the United States government has "an obligation to ensure that no state can deprive individuals of their constitutional rights."[226] The Complaint avers that Texas enacted the law "in open defiance of the Constitution".[227] The relief requested from the U.S. District Court in Austin, Texas includes a declaration that the Texas Act is unconstitutional, and an injunction against state actors as well as any and all private individuals who may bring a SB 8 action.[227][226] The idea of asking a federal court to impose an injunction upon the entire civilian population of a state is unprecedented and has drawn eyebrows.[228][229]

Colorado passed into law its Reproductive Health Equity Act in April 2022, which assures abortion rights for all citizens of the state. While the bill as passed maintained the status quo for abortion rights, it assures that "every individual has a fundamental right to make decisions about the individual's reproductive health care, including the fundamental right to use or refuse contraception; a pregnant individual has a fundamental right to continue a pregnancy and give birth or to have an abortion and to make decisions about how to exercise that right; and a fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of the state" regardless of changes that may happen at the federal level.[230]

On May 25, 2022, Oklahoma imposed a ban on elective abortions after Oklahoma Governor Kevin Stitt signed House Bill 4327. The bill bans elective abortion beginning at conception.[231] The law also permits private citizens to file lawsuits against abortion providers who knowingly provide, perform, or induce elective abortions on a pregnant woman. Abortion in cases of rape, incest, or high-risk pregnancies continue to be permitted.[232] A lawsuit was immediately filed by the ACLU in opposition to the bill.[233][234] At the time of enactment, Oklahoma was the only U.S. state to have passed a bill imposing such restrictions; the law made Oklahoma the first U.S. state to ban elective abortion procedures since prior to the ruling and implementation of Roe in 1973.[235][236][231]

After the Supreme Court overturned Roe on June 24, 2022, Texas and Missouri immediately banned abortions with the exception only if the pregnancy was deemed to be particularly life-threatening.[237][238]

On January 28, 2023, the Minnesota state Senate passed a bill guaranteeing women's rights to abortion and other reproductive medicine which was signed into law on January 31. The bill prohibits state and local governments from attempting to restrict access to sterilization or prenatal care, while also requiring contraceptive cost compensation.[239][240]

In 2023, five women launched a class action lawsuit against the State of Texas after they were reportedly denied abortions at a clinic in the State despite grave risks to their life. Four of the women traveled out of state in order to obtain an abortion, while the fifth only received the abortion in Texas when she was hospitalized after the fetus suffered a premature rupture of membranes. The case argues that the Texas law, which allows abortion if there is a health risk to the mother, is too vague and doctors will not perform an abortion for fear of legal repercussions.[241]

In response to the coronavirus pandemic

Amid the COVID-19 pandemic, anti-abortion government officials in several American states enacted or attempted to enact restrictions on abortion, characterizing it as a non-essential procedure that can be suspended during the medical emergency.[242] The orders have led to several legal challenges and criticism by human rights groups and several national medical organizations, including the American Medical Association.[243] Legal challenges on behalf of abortion providers, many of which were represented by the American Civil Liberties Union and Planned Parenthood, successfully stopped most of the orders on a temporary basis.[242]

One challenge was made against the FDA's rule on the distribution of mifepristone (RU-486), one of the two-part drug regimen to induce abortions. Since 2000, it is only available through health providers under the FDA's ruling. Due to the COVID-19 pandemic, access to mifepristone was a concern, and the American College of Obstetricians and Gynecologists along with other groups sued to have the rule relaxed to allow women to be able to access mifepristone at home through mail-order or retail pharmacies. While the Fourth Circuit issued a preliminary injunction against the FDA's ruling that would have allowed wider distribution, the Supreme Court ordered in a 6–3 decision in January 2021 to put a stay on the injunction, maintaining the FDA's rule.[244]

Sanctuary cities

Since 2019, the anti-abortion movement in the United States has sought declarations of "sanctuary cit[ies] for the unborn".[245] In June 2019, the city council of Waskom, Texas, voted to outlaw abortion in the city, declaring Waskom a "sanctuary city for the unborn" (the first such city to designate itself as such), as state governments elsewhere in the United States were also drafting abortion bans.[246][247] As of July 2019, there is no abortion clinic in the city.[248][249] The Waskom ordinance has led other small cities in Texas, and as of April 2021 in Nebraska, to vote in favor of becoming "sanctuary cities for the unborn".[250][251][252]

On April 6, 2021, Hayes Center, Nebraska, became the first city in Nebraska to outlaw abortion by local ordinance, declaring itself a "sanctuary city for the unborn."[253] The city of Blue Hill, Nebraska, followed suit and enacted a similar ordinance outlawing abortion on April 13, 2021.[254][255] In May 2021, Lubbock, Texas, with a population of less than 270,000, voted to ban abortion with the "sanctuary city for the unborn ordinance", becoming the largest city in the U.S. to ban abortion.[256][257][258]

Abortion rights movements have also pushed for similar counterpart legislation in other cities.[259]

Abortion financing

 
State Medicaid coverage of medically necessary abortion services (text-based list):
  Medicaid covers medically necessary abortion for low-income women through legislation.
  Medicaid covers medically necessary abortions for low-income women under court order.
  Medicaid denies abortion coverage for low-income women except for cases of rape, incest, life or health endangerment, or severe fetal abnormality.
  Medicaid denies abortion coverage for low-income women except for cases of rape, incest, life endangerment, or severe fetal abnormality.
  Medicaid denies abortion coverage for low-income women except for cases of rape, incest, or life or health endangerment.
  Medicaid denies abortion coverage for low-income women except for cases of rape, incest, or life endangerment.
  Medicaid denies abortion coverage for low-income women except for cases of life endangerment.

The abortion debate has also been extended to the question of who pays the medical costs of the procedure, with some states using the mechanism as a way of reducing the number of abortions.[citation needed]

The cost of an abortion varies depending on factors such as location, facility, timing, type of procedure, and whether or not there is insurance or some other type of financial assistance. In 2022, a medication abortion cost was about $580 at Planned Parenthood, though it could be more, up to around $800, in other facilities. During the first trimester an in-clinic abortion cost up to around $800, though often less; the average cost at Planned Parenthood was about $600. A second trimester procedure varied depending on the stage of pregnancy. The average ranged from about $715 earlier in the second trimester to $1,500–2,000 later in the second trimester.[260] A variety of resources from support organizations are available to contribute to the costs of the procedure, as well as travel expenses.[261]

Abortion fund organizations

A variety of organizations offer financial support for people seeking abortions, including travel and other expenses.[261] Access Reproductive Care–Southeast (ARC Southeast), the Brigid Alliance, the Midwest Access Coalition (MAC), and the National Network of Abortion Funds are examples of such groups.[261]

Medicaid

The Hyde Amendment is a federal legislative provision barring the use of federal Medicaid funds to pay for abortions except for rape and incest.[262] The provision, in various forms, was in response to Roe v. Wade, and has been routinely attached to annual appropriations bills since 1976, and represented the first major legislative success by the pro-life movement. The law requires that states cover abortions under Medicaid in the event of rape, incest, and life endangerment.[263]

Private insurance

  • Six states require coverage in all private plans: California, Illinois, Maine, New York, Oregon, and Washington. (2021)[264]
  • Note: The following figures are from 2008 and may have changed since that time.
  • 5 states (ID, KY, MO, ND, OK) restrict insurance coverage of abortion services in private plans: OK limits coverage to life endangerment, rape or incest circumstances; and the other four states limit coverage to cases of life endangerment.
  • 11 states (CO, KY, MA, MS, NE, ND, OH, PA, RI, SC, VA) restrict abortion coverage in insurance plans for public employees, with CO and KY restricting insurance coverage of abortion under any circumstances.
  • U.S. laws also ban federal funding of abortions for federal employees and their dependents, Native Americans covered by the Indian Health Service, military personnel and their dependents, and women with disabilities covered by Medicare.[265]

Mexico City policy

Under this policy, U.S. federal funding to NGOs that provide abortion is not permitted. The policy was first announced by President Ronald Reagan in 1984. It has been rescinded by Democratic presidents and reinstated by Republican presidents. The policy was rescinded in 2021 by President Joe Biden.[266]

Qualifying requirements for abortion providers

Qualifying requirements for performing abortions vary from state to state.[267] Vermont has allowed physician assistants to do some first-trimester abortions since the mid-1970s.[268] More recently, several states have changed their requirements for abortion providers, anticipating that the Supreme Court would overturn Roe v. Wade; now that the court has done so, more states are expanding eligibility to provide abortions. As of July 2022, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Montana, New Jersey, New York, Rhode Island, Virginia and Washington allow mid-level practitioners such as nurse practitioners, nurse midwives, and physicians assistants, to do some first-trimester abortions.[269] In other states, non-physicians are not permitted to perform abortions.

Statistics

Because reporting of abortions is not mandatory, statistics are of varying reliability. Both the Centers For Disease Control (CDC)[270] and the Guttmacher Institute[271][272] regularly compile these statistics.

 [273]
 [271][272]

Number of abortions

The annual number of legal induced abortions in the U.S. doubled between 1973 and 1979, and peaked in 1990. There was a slow but steady decline throughout the 1990s. Overall, the number of annual abortions decreased by 6% between 2000 and 2009, with temporary spikes in 2002 and 2006.[274]

By 2011, abortion rate in the nation dropped to its lowest point since the Supreme Court legalized the procedure. According to a study performed by Guttmacher Institute, long-acting contraceptive methods had a significant impact in reducing unwanted pregnancies. There were fewer than 17 abortions for every 1,000 women of child-bearing age. That was a 13%-decrease from 2008's numbers and slightly higher than the rate in 1973, when the Supreme Court's Roe v. Wade decision legalized abortion.[275] The study indicated a long-term decline in the abortion rate.[276][277][278]

In 2016, the Centers for Disease Control and Prevention (CDC) reported 623,471 abortions, a 2% decrease from 636,902 in 2015.[279]

During the first six months of 2023 (following Dobbs in 2022), the numbers of abortions in certain U.S. states changed dramatically compared to the same time period in 2020, according to the Guttmacher Institute. Abortions tripled in New Mexico and Wyoming and more than doubled in South Carolina and Kansas. For 13 states that had banned abortion, the Guttmacher Institute had no 2023 data to make the comparison.[280]

Medical abortions

A Guttmacher Institute survey of abortion providers estimated that early medical abortions accounted for 17% of all non-hospital abortions and slightly over one-quarter of abortions before 9 weeks gestation in the United States in 2008.[281] Medical abortions voluntarily reported to the CDC by 34 reporting areas (excluding Alabama, California, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, Maryland, Massachusetts, Nebraska, Nevada, New Hampshire, Pennsylvania, Tennessee, Vermont, Wisconsin, and Wyoming) and published in its annual abortion surveillance reports have increased every year since the September 28, 2000 FDA approval of mifepristone (RU-486): 1.0% in 2000, 2.9% in 2001, 5.2% in 2002, 7.9% in 2003, 9.3% in 2004, 9.9% in 2005, 10.6% in 2006, 13.1% in 2007, 15.8% in 2008, 17.1% in 2009 (25.2% of those at less than 9 weeks gestation).[282] Medical abortions accounted for 32% of first-trimester abortions at Planned Parenthood clinics in 2008.[283] By 2020, medication abortions accounted for more than 50% of all abortions.[284] In 2023, medication abortions obtained within the formal health care system had risen to 63% of all abortions, with the total percentage (which would include self-managed abortions by individuals in states with total bans) likely higher.[23]

Abortion and religion

A majority of abortions are obtained by religiously identified women. According to the Guttmacher Institute, "more than 7 in 10 U.S. women obtaining an abortion report a religious affiliation (37% protestant, 28% Catholic, and 7% other), and 25% attend religious services at least once a month. The abortion rate for protestant women is 15 per 1,000 women, while Catholic women have a slightly higher rate, 20 per 1,000."[285]

Abortions and ethnicity

Abortion rates tend to be higher among minority women in the U.S. In 2000–2001, the rates among black and Hispanic women were 49 per 1,000 and 33 per 1,000, respectively, vs. 13 per 1,000 among non-Hispanic white women. This figure includes all women of reproductive age, including women that are not pregnant. In other words, these abortion rates reflect the rate at which U.S. women of reproductive age have an abortion each year.[286]

In 2004, the rates of abortion by ethnicity in the U.S. were 50 abortions per 1,000 black women, 28 abortions per 1,000 Hispanic women, and 11 abortions per 1,000 white women.[287][288]

In-state vs. out-of-state

Roe v. Wade legalized abortion nationwide in 1973. In 1972, 41% of abortions were performed on women outside their state of residence, while in 1973 it declined to 21%, and then to 11% in 1974.[289]

In the decade from 2011 to 2020, during which many states increased abortion restrictions, the percentage of women nationwide who traveled out of state for an abortion increased steadily, from 6% in 2011 to 9% in 2020.[290] Out of state travel for an abortion was much more prevalent in the 29 states hostile to abortion rights, with percentages in those states rising from 9% in 2011 to 15% by 2020, while in states supportive of abortion rights, out of state travel for abortions rose from 2% to 3% between 2011 and 2020.[290]

Gutttmacher has released data about abortions by state of occurrence and state of residence.[290] In some states, these numbers can be tremendously different, for example in Missouri, a state very hostile to abortion rights, the abortion rate by state of occurrence dropped from 4 in 1000 women aged 15–44 for 2017 to 0.1 for 2020, because 57% of abortion recipients went out of state in 2017, while 99% did so in 2020.[290] In contrast, from 2017 to 2020, the abortion rate by state of residence for Missourians went up by 18% from 8.4 to 9.9.[290]

Some out of state travel pertains to locations of population centers in states; if large cities are close to state borders it may be common to cross borders for an abortion.[290] For example, Delaware, which is generally supportive of abortion rights, saw 44% of residents obtain their abortions in neighboring states.[290]

Motherhood

In 2019, 60% of women who had abortions were already mothers, and 50% already had two or more children.[25][26]

Reasons for abortions

A 1998 study revealed that in 1987 to 1988, women reported the following as their primary reasons for choosing an abortion:[291][292]

Percentage

of women

Primary reason for choosing an abortion
25.5% Want to postpone childbearing
21.3% Cannot afford a baby
14.1% Has relationship problem or partner does not want pregnancy
12.2% Too young; parent(s) or other(s) object to pregnancy
10.8% Having a child will disrupt education or employment
7.9% Want no (more) children
3.3% Risk to fetal health
2.8% Risk to maternal health
2.1% Other

The source of this information takes findings into account from 27 nations including the United States, and therefore, these findings may not be typical for any one nation.

According to a 1987 study that included specific data about late abortions (i. e., abortions "at 16 or more weeks' gestation"),[293] women reported that various reasons contributed to their having a late abortion:

Percentage

of women

Reasons contributing to a late abortion
71% Woman did not recognize she was pregnant or misjudged gestation
48% Woman had found it hard to make arrangements for an earlier abortion
33% Woman was afraid to tell her partner or parents
24% Woman took time to decide to have an abortion
8% Woman waited for her relationship to change
8% Someone had earlier pressured woman not to have abortion
6% Something changed some time after woman became pregnant
6% Woman did not know timing is important
5% Woman did not know she could get an abortion
2% A fetal problem was diagnosed late in pregnancy
11% Other

In 2000, cases of rape or incest accounted for 1% of abortions.[294]

A 2004 study by the Guttmacher Institute reported that women listed the following amongst their reasons for choosing to have an abortion:[292]

Percentage

of women

Reason for choosing to have an abortion
74% Having a baby would dramatically change my life
73% Cannot afford a baby now
48% Do not want to be a single mother or having relationship problems
38% Have completed my childbearing
32% Not ready for another child
25% Do not want people to know I had sex or got pregnant
22% Do not feel mature enough to raise a(nother) child
14% Husband or partner wants me to have an abortion
13% Possible problems affecting the health of the fetus
12% Concerns about my health
6% Parents want me to have an abortion
1% Was a victim of rape
less than .5% Became pregnant as a result of incest

A 2008 National Survey of Family Growth (NSFG) shows that rates of unintended pregnancy are highest among Blacks, Hispanics, and women with lower socio-economic status.[295]

  • 70% of all pregnancies among Black women were unintended
  • 57% of all pregnancies among Hispanic women were unintended
  • 42% of all pregnancies among White women were unintended

When women have abortions (by gestational age)

 
Abortion in the U.S. by gestational age, 2016[296]

According to the Centers for Disease Control, in 2011, most (64.5%) abortions were performed by ≤8 weeks' gestation, and nearly all (91.4%) were performed by ≤13 weeks' gestation. Few abortions (7.3%) were performed between 14 and 20 weeks' gestation or at ≥21 weeks' gestation (1.4%). From 2002 to 2011, the percentage of all abortions performed at ≤8 weeks' gestation increased 6%.[296]

Safety of abortions

The risk of death from carrying a child to term in the U.S. is approximately 14 times greater than the risk of death from a legal abortion.[297] In 2012, the mortality rate from legal abortion was 0.6 abortion-related deaths per 100,000 abortions.[297] The risk of abortion-related mortality increases with gestational age, but remains lower than that of childbirth through at least 21 weeks' gestation.[298][299][300]

For the period 2013 – 2019, the rate of mortality from legal abortion procedures in the US was 0.43 abortion-related deaths per 100,000 reported legal abortions, lower than the rates for previous 5-year periods.[301] In 2019, there were four identified deaths related to abortion in the US, out of 625,000 abortions.[301]

Birth control effects

Increased access to birth control has been statistically linked to reductions in the abortion rate.[27][28][29] As an element of family planning, birth control was federally subsidized for low income families in 1965 under President Lyndon B. Johnson's War on Poverty program. In 1970, Congress passed Title X to provide family planning services for those in need, and President Richard Nixon signed it into law. Funding for Title X rose from $6 million in 1971 to $61 million the next year, and slowly increased each year to $317 million in 2010, after which it was reduced by a few percent.[302]

In 2011, the Guttmacher Institute reported that the number of abortions in the U.S. would be nearly two-thirds higher without access to birth control.[303] In 2015, the Federation of American Scientists reported that federally mandated access to birth control had helped reduce teenage pregnancies in the U.S. by 44 percent, and had prevented more than 188,000 unintended pregnancies.[304]

Public opinion

 
Trend percent of Americans self-identifying as either "pro-life" or "pro-choice"

Americans have been equally divided on the issue; a May 2018 Gallup poll indicated that 48% of Americans described themselves as "pro-choice" and 48% described themselves as "pro-life".[21] A July 2018 poll indicated that 64% of Americans did not want the Supreme Court to overturn Roe v. Wade, while 28% did.[305] The same poll found that support for abortion being generally legal was 60% during the first trimester of pregnancy, dropping to 28% in the second trimester, and 13% in the third trimester.[306]

Support for the legalization of abortion has been consistently higher among more educated adults than less educated,[307] and in 2019, 70% of college graduates support abortion being legal in all or most cases, compared to 60% of those with some college, and 54% of those with a high school degree or less.[308]

In January 2013, a majority of Americans believed abortion should be legal in all or most cases, according to a poll by NBC News and The Wall Street Journal.[309] Approximately 70% of respondents in the same poll opposed Roe v. Wade being overturned.[309] A poll by the Pew Research Center yielded similar results.[310] Moreover, 48% of Republicans opposed overturning Roe, compared to 46% who supported overturning it.[310]

Gallup declared in May 2010 that more Americans identifying as "pro-life" is "the new normal", while also noting that there had been no increase in opposition to abortion. It suggested that political polarization may have prompted more Republicans to call themselves "pro-life".[20] The terms "pro-choice" and "pro-life" do not always reflect a political view or fall along a binary; in one Public Religion Research Institute poll, seven in ten Americans described themselves as "pro-choice" while almost two-thirds described themselves as "pro-life". The same poll found that 56% of Americans were in favor of legal access to abortion in all or some cases.[311]

A 2022 study reviewing the literature and public opinion datasets found that 43.8% of survey respondents in the U.S. consistently support both elective and traumatic abortion, whereas only 14.8% consistently oppose abortion irrespective of the reason, and others differ in their degree of support for abortion depending on the circumstances of the abortion.[19] 90% approve of abortion when the health of the woman is endangered, 77.4% when there is a strong chance of defects in the baby that could result from the pregnancy, and 79.5% when the pregnancy is the result of rape.[19]

A January 2023 Gallup poll found that nearly 7 in 10 Americans disapprove of the country's abortion policies, the highest rate in 23 years.[312]

Date of poll "Pro-life" "Pro-choice" Mixed / neither Don't know what terms mean No opinion
2016, May 4–8 46% 47% 3% 3% 2%
2015, May 6–10 44% 50% 3% 2% 1%
2014, May 8–11 46% 47% 3% 3%
2013, May 2–7 48% 45% 3% 3% 2%
2012, May 3–6 50% 41% 4% 3% 3%
2011, May 5–8 45% 49% 3% 2% 2%
2010, March 26–28 46% 45% 4% 2% 3%
2009, November 20–22 45% 48% 2% 2% 3%
2009, May 7–10 51% 42% 0 7%
2008, September 5–7 43% 51% 2% 1% 3%

By gender and age

Pew Research Center polling shows little change in views from 2008 to 2012; modest differences based on gender or age.[313]

The original article's table also shows by party affiliation, religion, and education level.

2011–2012 2009–2010 2007–2008
Legal Illegal Don't Know Legal Illegal Don't Know Legal Illegal Don't Know
Total 53% 41% 6% 48% 44% 8% 54% 40% 6%
Men 51% 43% 6% 46% 46% 9% 52% 42% 6%
Women 55% 40% 5% 50% 43% 7% 55% 39% 5%
18–29 53% 44% 3% 50% 45% 5% 52% 45% 3%
30–49 54% 42% 4% 49% 43% 7% 58% 38% 5%
50–64 55% 38% 7% 49% 42% 9% 56% 38% 6%
65+ 48% 43% 9% 39% 49% 12% 45% 44% 11%

By educational level

Support for the legalization of abortion is significantly higher among more educated adults than less educated, and has been consistently so for decades.[307] In 2019, 70% of college graduates support abortion being legal in all or most cases, as well as 60% of those with some college education, compared to 54% of those with a high school degree or less.[308]

2019
Educational attainment Legal in all or most cases Illegal in all or most cases
College grad or more 70% 30%
Some college 60% 39%
High school or less 54% 44%

By gender, party, and region

A January 2003 CBS News/The New York Times poll examined whether Americans thought abortion should be legal or not, and found variations in opinion which depended upon party affiliation and the region of the country.[314] The margin of error is +/– 4% for questions answered of the entire sample (overall figures) and may be higher for questions asked of subgroups (all other figures).[314]

Group Generally available Available, but with stricter limits than now Not permitted
Women 37% 37% 24%
Men 40% 40% 20%
Democrats 43% 35% 21%
Republicans 29% 41% 28%
Independents 42% 38% 18%
Northeasterners 48% 31% 19%
Midwesterners 34% 40% 25%
Southerners 33% 41% 25%
Westerners 43% 40% 16%
Overall 39% 38% 22%

By trimester of pregnancy

A CNN/USA Today/Gallup poll in January 2003 asked about the legality of abortion by trimester, using the question, "Do you think abortion should generally be legal or generally illegal during each of the following stages of pregnancy?"[315] This same question was also asked by Gallup in March 2000 and July 1996.[316][317] Polls indicates general support of legal abortion during the first trimester, although support drops dramatically for abortion during the second and third trimester.

Since the 2011 poll, support for legal abortion during the first trimester has declined.

2018 Poll 2012 Poll 2011 Poll 2003 Poll 2000 Poll 1996 Poll
Legal Illegal Legal Illegal Legal Illegal Legal Illegal Legal Illegal Legal Illegal
First trimester 60% 34% 61% 31% 62% 29% 66% 35% 66% 31% 64% 30%
Second trimester 28% 65% 27% 64% 24% 71% 25% 68% 24% 69% 26% 65%
Third trimester 13% 81% 14% 80% 10% 86% 10% 84% 8% 86% 13% 82%

By circumstance or reasons

According to Gallup's long-time polling on abortion, the majority of Americans are neither strictly "pro-life" or "pro-choice"; it depends upon the circumstances of the pregnancy. Gallup polling from 1996 to 2021 consistently reveals that when asked the question, "Do you think abortions should be legal under any circumstances, legal only under certain circumstances, or illegal in all circumstances?", Americans repeatedly answer "legal only under certain circumstances". According to the poll, in any given year 48–57% say legal only under certain circumstances, 21–34% say legal under any circumstances, and 13–19% illegal in all circumstances, with 1–7% having no opinion.[316]

Legal under any circumstances Legal only under certain circumstances Illegal in all circumstances No opinion
2021 May 3–18 32% 48% 19% 2%
2020 May 1–13 29% 50% 20% 2%
2019 May 1–12 25% 53% 21% 2%
2018 May 1–10 29% 50% 18% 2%
2017 May 3–7 29% 50% 18% 3%
2016 May 4–8 29% 50% 19% 2%
2015 May 6–10 29% 51% 19% 1%
2014 May 8–11 28% 50% 21% 2%
2013 May 2–7 26% 52% 20% 2%
2012 Dec 27–30 28% 52% 18% 3%
2012 May 3–6 25% 52% 20% 3%
2011 Jul 15–17 26% 51% 20% 3%
2011 June 9–12 26% 52% 21% 2%
2011 May 5–8 27% 49% 22% 3%
2009 Jul 17–19 21% 57% 18% 4%
2009 May 7–10 22% 53% 23% 2%
2008 May 8–11 28% 54% 18% 2%
2007 May 10–13 26% 55% 17% 1%
2006 May 8–11 30% 53% 15% 2%

According to the aforementioned poll,[316] Americans differ drastically based upon situation of the pregnancy, suggesting they do not support unconditional abortions. Based on two separate polls taken May 19–21, 2003, of 505 and 509 respondents respectively, Americans stated their approval for abortion under these various circumstances:

Poll Criteria Total Poll A Poll B
When the woman's life is endangered 78% 82% 75%
When the pregnancy was caused by rape or incest 65% 72% 59%
When the child would be born with a life-threatening illness 54% 60% 48%
When the child would be born mentally disabled 44% 50% 38%
When the woman does not want the child for any reason 32% 41% 24%

Another separate trio of polls taken by Gallup in 2003, 2000, and 1996,[316] revealed public support for abortion as follows for the given criteria:

Poll criteria 2003 Poll 2000 Poll 1996 Poll
When the woman's life is endangered 85% 84% 88%
When the woman's physical health is endangered 77% 81% 82%
When the pregnancy was caused by rape or incest 76% 78% 77%
When the woman's mental health is endangered 63% 64% 66%
When there is evidence that the baby may be physically impaired 56% 53% 53%
When there is evidence that the baby may be mentally impaired 55% 53% 54%
When the woman or family cannot afford to raise the child 35% 34% 32%

Gallup furthermore established public support for many issues supported by the anti-abortion community and opposed by the abortion rights community:[316]

Legislation 2011 Poll 2003 Poll 2000 Poll 1996 Poll
A law requiring doctors to inform patients about alternatives to abortion before performing the procedure 88% 86% 86%
A law requiring women seeking abortions to wait 24 hours before having the procedure done 69% 78% 74% 73%
Legislation 2005 Poll 2003 Poll 1996 Poll 1992 Poll
A law requiring women under 18 to get parental consent for any abortion 69% 73% 74% 70%
A law requiring that the husband of a married woman be notified if she decides to have an abortion 64% 72% 70% 73%

An October 2007 CBS News poll explored under what circumstances Americans believe abortion should be allowed, asking the question, "What is your personal feeling about abortion?" The results were as follows:[315]

Permitted in all cases Permitted, but subject to greater restrictions than it is now Only in cases such as rape, incest, or to save the woman's life Only permitted to save the woman's life Never Unsure
26% 16% 34% 16% 4% 4%

Additional polls

 
Results of Gallup opinion poll in the U.S. since 1975, legal restriction of abortion[318]
  • A June 2000 Los Angeles Times survey found that, although 57% of polltakers considered abortion to be murder, half of that 57% believed in allowing women access to abortion. The survey also found that, overall, 65% of respondents did not believe abortion should be legal after the first trimester, including 72% of women and 58% of men. Further, the survey found that 85% of Americans polled supported abortion in cases of risk to a woman's physical health, 54% if the woman's mental health was at risk, and 66% if a congenital abnormality was detected in the fetus.[319]
  • A July 2002 Public Agenda poll found that 44% of men and 42% of women thought that "abortion should be generally available to those who want it", 34% of men and 35% of women thought that "abortion should be available, but under stricter than limits it is now", and 21% of men and 22% of women thought that "abortion should not be permitted".[320]
  • A January 2003 ABC News/The Washington Post poll also examined attitudes towards abortion by gender. In answer to the question, "On the subject of abortion, do you think abortion should be legal in all cases, legal in most cases, illegal in most cases or illegal in all cases?", 25% of women responded that it should be legal in "all cases", 33% that it should be legal in "most cases", 23% that it should be illegal in "most cases", and 17% that it should be illegal in "all cases". 20% of men thought it should be legal in "all cases", 34% legal in "most cases", 27% illegal in "most cases", and 17% illegal in "all cases".[320]
  • Most Fox News viewers favor both parental notification as well as parental consent, when a minor seeks an abortion. A Fox News poll in 2005 found that 78% of people favor a notification requirement, and 72% favor a consent requirement.[321]
  • An April 2006 Harris poll on Roe v. Wade, asked, "In 1973, the U.S. Supreme Court decided that states' laws which made it illegal for a woman to have an abortion up to three months of pregnancy were unconstitutional, and that the decision on whether a woman should have an abortion up to three months of pregnancy should be left to the woman and her doctor to decide. In general, do you favor or oppose this part of the U.S. Supreme Court decision making abortions up to three months of pregnancy legal?", to which 49% of respondents indicated favor while 47% indicated opposition. The Harris organization has concluded from this poll that, "49 percent now support Roe vs. Wade".[322]
  • Two polls were released in May 2007 asking Americans "With respect to the abortion issue, would you consider yourself to be pro-choice or pro-life?" May 4–6, a CNN poll found 45% said "pro-choice" and 50% said pro-life.[323] Within the following week, a Gallup poll found 50% responding "pro-choice" and 44% pro-life.[324]
  • In 2011, a poll conducted by the Public Religion Research Institute found that 43% of respondents identified themselves as both "pro-life" and "pro-choice".[325]

Intact dilation and extraction

In 2003, the U.S. Congress outlawed intact dilation and extraction when it passed the Partial-Birth Abortion Ban Act. A Rasmussen Reports poll four days after the Supreme Court's opinion in Gonzales v. Carhart found that 40% of respondents "knew the ruling allowed states to place some restrictions on specific abortion procedures." Of those who knew of the decision, 56% agreed with the decision and 32% were opposed.[326] An ABC poll from 2003 found that 62% of respondents thought "partial-birth abortion" should be illegal; a similar number of respondents wanted an exception "if it would prevent a serious threat to the woman's health".

Gallup has repeatedly queried the American public on this issue.[316]

Legislation 2011 2003 2000 2000 2000 1999 1998 1997 1996
A law that would make it illegal to perform a specific abortion procedure conducted in the last six months, or second and/or third trimester of pregnancy, known by some opponents as a partial birth abortion, except in cases necessary to save the life of the mother 64% 70% 63% 66% 64% 61% 61% 55% 57%

Positions of political parties

After Roe, there was a national political realignment surrounding abortion. The abortion-rights movement in the United States initially emphasized the national policy benefits of abortion, such as smaller welfare expenses, slower population growth, and fewer illegitimate births. The abortion-rights movement drew support from the population control movement, feminists, and environmentalists. Anti-abortion advocates and civil-rights activists accused abortion-rights supporters of intending to control the population of racial minorities and the disabled, citing their ties to racial segregationists and eugenicist legal reformers. The abortion-rights movement subsequently distanced from the population control movement, and responded by taking up choice-based and rights-oriented rhetoric similar to what was used in the Roe decision.[327] Opponents of abortion experienced a political shift. The Catholic Church and the Democratic Party supported an expansive welfare state, wanted to reduce rates of abortion through prenatal insurance and federally funded day care, and opposed abortion at the time of Roe. Afterwards, the anti-abortion movement in the United States shifted more to Protestant faiths that saw abortion rights as part of a liberal-heavy agenda to fight against, and became part of the new Christian right. The Protestant influence helped make opposition to abortion part of the Republican Party's platform by the 1990s.[328][329] Republican-led states enacted laws to restrict abortion, including abortions earlier than Casey's general standard of 24 weeks.[120]

Into the 21st century, although members of both major U.S. political parties come down on either side of the issue, the Republican Party is often seen as being anti-abortion, since the official party platform opposes abortion and considers fetuses to have an inherent right to life. Republicans for Choice represents the minority of that party. In 2006, pollsters found that 9% of Republicans favor the availability of abortion in most circumstances.[330] Of Republican National Convention delegates in 2004, 13% believed that abortion should be generally available, and 38% believed that it should not be permitted. The same poll showed that 17% of all Republican voters believed that abortion should be generally available to those who want it, while 38% believed that it should not be permitted.[331] The Republican Party was supportive of abortion rights prior to 1976 Republican National Convention, at which they supported an anti-abortion constitutional amendment as a temporary political ploy to gain more support from Catholics; this stance brought many more social conservatives into the party resulting in a large and permanent shift toward support of the anti-abortion position.[332] The Democratic Party platform considers abortion to be a woman's right. Democrats for Life of America represents the minority of that party. In 2006, pollsters found that 74% of Democrats favor the availability of abortion in most circumstances.[330] Of Democratic National Convention delegates in 2004, 75% believed that abortion should be generally available, and 2% believed that abortion should not be permitted. The same poll showed that 49% of all Democratic voters believed that abortion should be generally available to those who want it, while 13% believed that it should not be permitted.[333]

The position of U.S. third political parties and other U.S. minor political parties is diverse. The Green Party supports legal abortion as a woman's right. While abortion is a contentious issue and the Maryland-based Libertarians for Life opposes the legality of abortion in most circumstances, the Libertarian Party platform (2012) states that "government should be kept out of the matter, leaving the question to each person for their conscientious consideration."[334] The issue of abortion has become deeply politicized. In 2002, 84% of state Democratic platforms supported the right to having an abortion while 88% of state Republican platforms opposed it. This divergence also led to Christian right organizations like Christian Voice, Christian Coalition of America, and Moral Majority having an increasingly strong role in the Republican Party. This opposition has been extended under the Foreign Assistance Act; in 1973, Jesse Helms introduced an amendment banning the use of aid money to promote abortion overseas, and in 1984 the Mexico City policy prohibited financial support to any overseas organization that performed or promoted abortions. The policy was revoked by President Bill Clinton and subsequently reinstated by President George W. Bush.[335] President Barack Obama overruled this policy by Executive Order on January 23, 2009,[336] and it was reinstated on January 23, 2017, by President Donald Trump.[335] On January 28, 2021, President Joe Biden signed a Presidential Memorandum that repealed the restoration of Mexico City policy and also called for the United States Department of Health and Human Services to "suspend, rescind or revoke" restrictions made to Title X.[337]

Effects of legalization and impact of abortion bans

 
The 2013 winter issue of Ms. was about abortion rights.

The risk of death due to legal abortion has fallen considerably since Roe v. Wade (1973) legalized it; this was due to increased physician skills, improved medical technology, and earlier termination of pregnancy.[338] From 1940 through 1970, deaths of pregnant women during abortion fell from nearly 1,500 to a little over 100.[338] According to the Centers for Disease Control and Prevention, the number of women who died in 1972 from illegal abortion was thirty-nine.[339] The Roe effect is a hypothesis suggesting that since supporters of abortion rights cause the erosion of their own political base by having fewer children, the practice of abortion will eventually lead to the restriction or illegalization of abortion.[340] The legalized abortion and crime effect is another controversial theory that posits legal abortion reduces crime because unwanted children are more likely to become criminals.[341][342][343]

Since Roe, there have been numerous attempts to reverse the decision.[344][345] In the 2011 election season, Mississippi placed an amendment on the ballot that redefined how the state viewed abortion. The personhood amendment defined personhood as "every human being from the moment of fertilization, cloning or the functional equivalent thereof"; if passed, it would have been illegal to get an abortion in the state.[346] On July 11, 2012, a Mississippi federal judge ordered an extension of his temporary order to allow the state's only abortion clinic to stay open. The order was to stay in place until U.S. District Judge Daniel Porter Jordan III could review newly drafted rules on how the Mississippi Department of Health would administer a new abortion law. The law in question came into effect on July 1, 2012.[347]

Between 2008 and 2016, the Turnaway Study followed a group of 1,000 women, two of whom died after giving birth,[348] for five years after they sought an abortion,[349] and compared their health and socio-economic consequences of receiving an abortion or being denied one.[349][350] The study found that those who were provided with abortion performed better, and those who were denied one suffered negative consequences.[351][352] Scientific American described it as landmark.[348] A follow-up Turnaway Study was confirmed to determinate the health and economic impact of Roe being overturned,[351][353] which other scholars also analyzed.[49] According to a 2019 study, were Roe reversed and abortion bans implemented in states with trigger laws, including states considered highly likely to ban abortion, "increases in travel distance are estimated to prevent 93,546 to 143,561 women from accessing abortion care."[354]

For the Dobbs v. Jackson Women's Health Organization case,[355] which confirmed the May 2022 leaks obtained by Politico and overruled Roe and Planned Parenthood v. Casey in June 2022,[356][357][358] among the over 130 amici curiae briefs, hundreds of scientists provided evidence, data, and studies, in particular the Turnaway Study, in favor of abortion rights and to rebuke arguments made to the Court that abortion "has no beneficial effect on women's lives and careers—and might even cause them harm".[359] The American Historical Association (AHA) and the Organization of American Historians (OAH) were among those who signed an amici curiae brief for Dobbs,[360] and were cited, among others,[361] by Reason,[362] Syracuse University News,[363] and The Washington Post.[75] AHA and OAH jointly issued a statement against the Supreme Court's decision, which was reported by Anchorage Daily News,[364] Inside Higher Ed,[365] Insight Into Diversity,[366] and the Strict Scrutiny podcast from Crooked Media,[367] saying they have "declined to take seriously the historical claims of our [amicus curiae] brief". Joined by at least 30 other academic and scholarly institutions, they condemned "the court's misinterpretation about the history of legalized abortion" and said it has "the potential to exacerbate historic injustices and deepen inequalities in our country".[368]

Unintended live birth

Although it is uncommon,[369][370][371] women sometimes give birth in spite of an attempted abortion.[372][373][374] Reporting of live birth after attempted abortion may not be consistent from state to state, but 38 were recorded in one study in upstate New York in the two-and-a-half years before Roe v. Wade.[375] Under the Born-Alive Infants Protection Act of 2002,[376][377] medical staff must report live birth if they observe any breathing, heartbeat, umbilical cord pulsation, or confirmed voluntary muscle movement, regardless of whether the born-alive is non-viable ex utero in the long term because of birth defects, and regardless of gestational age, including gestational ages which are too early for long-term viability ex utero.[378][379][380]

See also

Notable cases
  • Becky Bell, an American teenage girl who died as a result of an unsafe abortion in 1988.
  • Sherri Chessen, an actress who had difficulty seeking an abortion for her thalidomide-deformed baby in 1962.
  • Gerardo Flores, convicted in 2005 on two counts of capital murder for giving his girlfriend, who was carrying twins, an at-home abortion.
  • Gianna Jessen, an American woman who was born alive in 1977 after an attempted saline abortion.
  • Rosie Jimenez, an American woman who was the first recorded death due to an unsafe abortion after federal Medicaid funds for abortions were removed by the Hyde Amendment in 1977.
  • Gerri Santoro, an American woman who died because of an unsafe abortion in 1964.

Notes

  1. ^ a b All states make exceptions if the mother’s life is in immediate danger.
    • Exceptions for risk to mother's physical health: Alabama, Arizona, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, Tennessee, Utah, West Virginia, Wisconsin, and Wyoming.
    • Exceptions for risk to mother's general health: California, Connecticut, Delaware, Hawaii, Indiana, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, Rhode Island, Virginia, Washington.
    • Exception for pregnancy due to rape or incest: Georgia, Idaho, Indiana, Iowa, Mississippi, North Dakota, South Carolina, West Virginia, Utah, and Wyoming.
    • Exception for lethal fetal abnormality: Alabama, Delaware, Florida, Georgia, Indiana, Iowa, Louisiana, Maryland, Massachusetts, South Carolina, West Virginia, Wyoming, and Utah.
    Note that these exceptions may have a time frame in which pregnant woman can use the exceptions to get an abortion; current time limits for these exceptions range from cardiac-cell activity (or 6 weeks) to the entire pregnancy before birth (no limit).
  2. ^ This generally happens in the 6th week LMP.
  3. ^ Typically, it is between the 23rd or 24th week LMP.
  4. ^ Variously defined as through 27th or 28th week LMP; in Massachusetts, 24 weeks from implantation ≈ 27 weeks LMP.
  1. ^ According to the Supreme Court's decision in Roe v. Wade (1973):

    (a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician.

    (b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health.

    (c) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.[30]

    The 5th edition of the Black's Law Dictionary (1979) defined abortion as "knowing destruction" or "intentional expulsion or removal".[31] Into the 21st century, its free, online version defines it as "artificial or spontaneous termination of a pregnancy before the embryo or foetus can survive on its own outside a woman's uterus."[32]

References

  1. ^ "'Pro-Choice' or 'Pro-Life' Demographic Table". Gallup.com. November 9, 2017. Retrieved January 25, 2024.
  2. ^ "Public Opinion on Abortion". Pew Research Center. Retrieved January 25, 2024.
  3. ^ NW, 1615 L. St; Suite 800Washington; Inquiries, DC 20036USA202-419-4300 | Main202-857-8562 | Fax202-419-4372 | Media. "Religious Landscape Study". Pew Research Center's Religion & Public Life Project. Retrieved January 25, 2024.{{cite web}}: CS1 maint: numeric names: authors list (link)
  4. ^ Diamant, Jeff; Sandstrom, Aleksandra. "Do state laws on abortion reflect public opinion?". Pew Research Center. Retrieved January 25, 2024.
  5. ^ "Abortion Attitudes in a Post-Roe World: Findings From the 50-State 2022 American Values Atlas | PRRI". PRRI | At the intersection of religion, values, and public life. February 23, 2023. Retrieved January 25, 2024.
  6. ^ Fetterolf, Janell; Clancy, Laura. "Support for legal abortion is widespread in many countries, especially in Europe". Pew Research Center. Retrieved February 16, 2024.
  7. ^ Staff (June 24, 2022). "Roe Abolition Makes U.S. a Global Outlier". Foreign Policy. Retrieved July 31, 2023.
  8. ^ a b Blakemore, Erin (May 22, 2022). "The complex early history of abortion in the United States". National Geographic. Archived from the original on May 17, 2022. Retrieved July 26, 2022. But that view of history is the subject of great dispute. Though interpretations differ, most scholars who have investigated the history of abortion argue that terminating a pregnancy wasn't always illegal—or even controversial. ... A pregnant woman might consult with a midwife, or head to her local drug store for an over-the-counter patent medicine or douching device. If she owned a book like the 1855 Hand-Book of Domestic Medicine, she could have opened it to the section on 'emmenagogues,' substances that provoked uterine bleeding. Though the entry did not mention pregnancy or abortion by name, it did reference 'promoting the monthly discharge from the uterus.'
  9. ^ Balmer, Randall (May 10, 2022). "The Religious Right and the Abortion Myth". POLITICO. Retrieved July 31, 2023.
  10. ^ a b Reagan, Leslie J. (2022) [1997]. When Abortion Was a Crime: Women, Medicine and the Law in the United States, 1867–1973 (1st ed.). Berkeley: University of California Press. ISBN 978-0520387416.
  11. ^ a b Wilson, Jacque (January 22, 2013). "Before and after Roe v. Wade". CNN. Retrieved May 9, 2022.
  12. ^ Williams, Daniel K. (May 9, 2022). "This Really Is a Different Pro-Life Movement". The Atlantic. Retrieved August 2, 2023.
  13. ^ Taylor, Justin (May 9, 2018). "How the Christian Right Became Prolife on Abortion and Transformed the Culture Wars". The Gospel Coalition. Retrieved August 2, 2023.
  14. ^ Alesha Doan (2007). Opposition and Intimidation: The Abortion Wars and Strategies of Political Harassment. University of Michigan Press. p. 57. ISBN 9780472069750.
  15. ^ Casey, 505 U.S. at 877.
  16. ^ Mangan, Dan; Breuninger, Kevin (June 24, 2022). "Supreme Court overturns Roe v. Wade, ending 50 years of federal abortion rights". CNBC. Archived from the original on June 25, 2022. Retrieved June 24, 2022.
  17. ^ Wilson, Joshua C. (2020). "Striving to Rollback or Protect Roe: State Legislation and the Trump-Era Politics of Abortion". Publius: The Journal of Federalism. 50 (3): 370–397. doi:10.1093/publius/pjaa015. S2CID 225601579.
  18. ^ Saad, Lydia (August 8, 2011). "Plenty of Common Ground Found in Abortion Debate". Gallup.com. Retrieved August 8, 2013.
  19. ^ a b c Osborne, Danny; Huang, Yanshu; Overall, Nickola C.; Sutton, Robbie M.; Petterson, Aino; Douglas, Karen M.; Davies, Paul G.; Sibley, Chris G. (2022). "Abortion Attitudes: An Overview of Demographic and Ideological Differences". Political Psychology. 43: 29–76. doi:10.1111/pops.12803. ISSN 0162-895X. S2CID 247365991.
  20. ^ a b Saad, Lydia (May 14, 2010). "The New Normal on Abortion: Americans More "Pro-Life"". Gallup. Retrieved August 8, 2013.
  21. ^ a b Jeffrey Jones (June 11, 2018). "U.S. Abortion Attitudes Remain Closely Divided". Gallup.
  22. ^ a b Kortsmit, K; Jatlaoui, TC; Mandel, MG (2020). "Abortion Surveillance – United States, 2018". Morbidity and Mortality Weekly Report. 69 (7). Centers for Disease Control and Prevention: 1–29. doi:10.15585/mmwr.ss6907a1. PMC 7713711. PMID 33237897.
  23. ^ a b Jones, Rachel K.; Friedrich-Karnik, Amy (March 19, 2024). "Medication Abortion Accounted for 63% of All US Abortions in 2023—An Increase from 53% in 2020". Guttmacher Institute.
  24. ^ Jones, Rachel K. (October 19, 2017). "Abortion Is a Common Experience for U.S. Women, Despite Dramatic Declines in Rates". Guttmacher Institute.
  25. ^ a b Sanger-Katz, Margot; Cain Miller, Claire; Bui, Quoctrung (December 14, 2021). "Who Gets Abortions in America?". The New York Times. Six in 10 women who have abortions are already mothers, and half of them have two or more children, according to 2019 data from the Centers for Disease Control and Prevention. "One of the main reasons people report wanting to have an abortion is so they can be a better parent to the kids they already have," Professor Upadhyay said.
  26. ^ a b Zerwick, Phoebe (June 24, 2022). "The Latest Abortion Statistics and Facts". Parenting. Did you know that a majority of people who have abortions are already parents? Of those who received an abortion, 60 percent had "one or more" previous children—according to 2019 data from the Centers for Disease Control and Prevention (CDC).
  27. ^ a b Peipert, Jeffrey F.; Madden, Tessa; Allsworth, Jenifer E.; Secura, Gina M. (December 2012). "Preventing Unintended Pregnancies by Providing No-Cost Contraception". Obstetrics & Gynecology. 120 (6): 1291–1297. doi:10.1097/AOG.0b013e318273eb56. PMC 4000282. PMID 23168752. Conclusion: We noted a clinically and statistically significant reduction in abortion rates, repeat abortions, and teenage birth rates. Unintended pregnancies may be reduced by providing no-cost contraception and promoting the most effective contraceptive methods.
  28. ^ a b Dreweke, Joerg (March 18, 2016). "New Clarity for the U.S. Abortion Debate: A Steep Drop in Unintended Pregnancy Is Driving Recent Abotion Declines". Guttmacher Institute. Retrieved January 22, 2021.
  29. ^ a b Guyot, Katherine; Sawhill, Isabel V. (July 29, 2019). "Reducing access to contraception won't reduce the abortion rate". Brookings Institution. Retrieved January 22, 2021. While the new rules were motivated by opposition to abortion, the state experiences we highlight in our paper show that increasing access to highly effective methods of contraception (and thus preventing unintended pregnancies) is a more effective way to reduce abortion rates. Barriers to contraceptive access will impede further progress in reducing unintended pregnancy rates, will raise government costs for Medicaid and other social programs, and will lead to more women seeking an abortion.
  30. ^ "Roe v. Wade, 410 U.S. 113 (1973)". Justia. January 22, 1973. Retrieved May 12, 2022.
  31. ^ Caron, Wilfred R. (Spring 1982). "The Human Life Federalism Amendment – An Assessment". The Catholic Lawyer. 27 (2): 87–111. PMID 11655614. Retrieved May 12, 2022. (5th ed. 1979) ('abortion' is defined simply as 'the knowing destruction of the life of an unborn child or the intentional expulsion or removal of an unborn child from the womb other than for the principal purpose of producing a live birth or removing a dead fetus').
  32. ^ "What is abortion". The Law Dictionary. July 12, 2013. Archived from the original on March 2, 2021. Retrieved May 12, 2022.
  33. ^ Watson, Katie (December 20, 2019). "Why We Should Stop Using the Term 'Elective Abortion'". AMA Journal of Ethics. 20 (12): 1175–1180. doi:10.1001/amajethics.2018.1175. PMID 30585581.
  34. ^ a b Ganong, Lawrence H.; Coleman, Marilyn, eds. (2014). The Social History of the American Family: An Encyclopedia. Sage Publications. ISBN 978-1-4522-8615-0. Terminations of pregnancy were commonly practiced...many of the earliest court cases involved women who became pregnant before marriage and wished to avoid the shame associated with an illegitimate pregnancy.
  35. ^ Miller, Wilbur R., ed. (2012). The Social History of Crime and Punishment in America: An Encyclopedia. Sage Reference. ISBN 978-1-4833-0593-6. During the colonial period, control over reproduction, similar to most family matters, remained a private concern...Most Americans did not consider abortion legally or morally wrong as long as it occurred prior to quickening.
  36. ^ a b c d e f g h i j k Hardin, Garrett (December 1978). "Abortion in America. The Origins and Evolution of National Policy, 1800–1900. James C. Mohr". The Quarterly Review of Biology. 53 (4): 499. doi:10.1086/410954. The long silence had led us to assume that opposition to abortion had existed from time immemorial. Not so: most of the opposition to, and all of the laws against, abortion arose in the 19th century. Historian Mohr amply documents the earlier acceptance of abortion. ... In the 19th century even many of the feminists expressed horror at abortion, urging abstinence instead. Not so in the 20th century. In the 19th century the medical profession was fairly united against abortion; Mohr argues that this arose from the commercial competition between the 'regulars' (men with M.D.'s) and the irregulars (women without M.D.'s)... A key role in generating prohibition laws was played by the press, ... . By 1900 the abortion-prohibition laws were immune to questioning, as they remained until the 1960's when feminists and a new breed of physicians combined to arouse the public to the injustice of the law.
  37. ^ Mohr, James (1978). Abortion in America: The Origins and Evolution of National Policy. New Oxford University Press. p. 50. ISBN 0-19-502249-1.
  38. ^ Stauch, Marc; Wheat, Kay (2018). Text, Cases and Materials on Medical Law and Ethics. United Kingdom: Taylor & Francis.
  39. ^ Keown, John (1988). Abortion, doctors and the law: Some aspects of the legal regulation of abortion in England from 1803 to 1982. Cambridge University press. p. 3.
  40. ^ Feng, Emily; Restrepo, Manuela López (May 18, 2022). "Benjamin Franklin gave instructions on at-home abortions in a book in the 1700s". NPR. Retrieved March 24, 2023.
  41. ^ Farrell, Molly (May 5, 2022). "Ben Franklin Put an Abortion Recipe in His Math Textbook". Slate. ISSN 1091-2339. Retrieved March 24, 2023.
  42. ^ "Did Ben Franklin Publish a Recipe in a Math Textbook on How to Induce Abortion?". May 16, 2022.
  43. ^ Rust, Marion (2012). Prodigal Daughters: Susanna Rowson's Early American Women. United States: University of North Carolina Press. p. 53. Unsanctioned pregnancy thus threatened the optimism of a newly developing cultural ethos that emphasized man's aptitude for self-direction. Prodigal daughters were correspondingly difficult to reconcile with the ideology of self-determination that was reinforced by welcoming home a prodigal son. Hence the cruel end they inevitably met in the genre dedicated to their story, the early American seduction novel, wherein they purchased their reclamation with their lives. This point is reinforced by a case in which Franklin, ever the pragmatist, did support single motherhood as a means to augmenting the population in the "Speech of Miss Polly Baker" (1747). Here, he cites abortion and infanticide among the extreme measures to which sexually active single women are forced by the inequitable sanctions imposed on them as opposed to their male sexual partners.
  44. ^ a b "A Conversation About Abortion Between Justice Blackmun and the Founding Fathers".
  45. ^ a b Miller, Wilbur R., ed. (2012). The Social History of Crime and Punishment in America: An Encyclopedia. Sage Reference. p. 2. States passed the first wave of abortion laws in the 1820s and 1830s. Connecticut was the first state to enact a law in 1821, followed by Missouri, Illinois, and New York. By 1840, 10 more states had passed statutes. These laws did not intend to ban abortion but to make it safer through regulation. Legislators were concerned that women sometimes faced death or serious injuries from poison potions or dangerous instruments. Legislation generally made abortion illegal only after quickening and punished the abortionist, not the woman seeking the abortion.
  46. ^ Brockell, Gillian (May 17, 2019). "How a sex scandal led to the nation's first abortion law 200 years ago". The Washington Post. Retrieved May 9, 2022.
  47. ^ Buell, Samuel (1991). "Criminal Abortion Revisited". New York University Law Review. 66 (6): 1774–1831. PMID 11652642. Retrieved July 27, 2022 – via Duke.edu.
  48. ^ Jacobson, Donna (2019). "When Abortion Became Illegal". Connecticut History Review. 58 (2): 49–81. doi:10.5406/connhistrevi.58.2.0049. S2CID 211430012.
  49. ^ a b Georgian, Elizabeth (July 1, 2022). "The End of Roe in Historical Perspective". Clio and the Contemporary. Retrieved July 27, 2022.
  50. ^ United States v. Vuitch (1971)
  51. ^ Paul M, Lichtenberg ES, Borgatta L, Grimes DA, Stubblefield PG, Creinin MD, Joffe C (2009). "Abortion and Medicine: A Sociopolitical History" (PDF). Management of Unintended and Abnormal Pregnancy (1st ed.). Oxford: John Wiley & Sons. ISBN 978-1-4443-1293-5. OL 15895486W. Archived (PDF) from the original on January 19, 2012.
  52. ^ Mohr, James C. (1978). Abortion in America: The Origins and Evolution of National Policy. Oxford University Press. pp. 35–36. ISBN 978-0195026160.
  53. ^ Cohen, Patricia Cline (June 24, 2022). "The Dobbs decision looks to history to rescind Roe". The Washington Post. Archived from the original on June 29, 2022. Retrieved June 28, 2022.
  54. ^ Mohr, James C. (1978). Abortion in America: The Origins and Evolution of National Policy. Oxford University Press. p. 34. ISBN 978-0195026160.
  55. ^ Acevedo, Zachary P. V. (Summer 1979). "Abortion in early America". Women Health. 4 (2): 159–167. doi:10.1300/J013v04n02_05. PMID 10297561. This piece describes abortion practices in use from the 1600s to the 19th century among the inhabitants of North America. The abortive techniques of women from different ethnic and racial groups as found in historical literature are revealed. Thus, the point is made that abortion is not simply a 'now issue' that effects select women. Instead, it is demonstrated that it is a widespread practice as solidly rooted in our past as it is in the present.
  56. ^ Samuels, Alex; Potts, Monica (July 25, 2022). "How The Fight To Ban Abortion Is Rooted In The 'Great Replacement' Theory". FiveThirtyEight. Retrieved July 26, 2022. Throughout colonial America and into the 19th century, abortions were fairly common with the help of a midwife or other women and could be obtained until the point that you could feel movement inside, according to Lauren MacIvor Thompson, a historian of early-20th-century women's rights and public health. Most abortions were induced through herbal or medicinal remedies and, like other medical interventions of the time, weren't always effective or safe.
  57. ^ Reagan, Leslie J. (June 2, 2022). "What Alito Gets Wrong About the History of Abortion in America". Politico. Retrieved July 26, 2022.
  58. ^ Mohr, James C. (1978). Abortion in America: The Origins and Evolution of National Policy. Oxford University Press. pp. 76–82. ISBN 978-0195026160.
  59. ^ Mohr, James C. (1978). Abortion in America: The Origins and Evolution of National Policy. Oxford University Press. pp. 100–101. ISBN 978-0195026160.
  60. ^ Gordon, Sarah Barringer (2006). "Law and Everyday Death: Infanticide and the Backlash against Woman's Rights after the Civil War". In Sarat, Austin; Douglas, Lawrence; Umphrey, Martha, eds. Lives of the Law. University of Michigan Press. p. 67
  61. ^ a b Schiff, Stacy (October 13, 2006). "Desperately Seeking Susan". The New York Times. Retrieved February 5, 2009.
  62. ^ Federer, William (2003). American Minute. Amerisearch. p. 81. ISBN 978-0965355780.
  63. ^ Anthony, Susan B. (July 8, 1869). "Marriage and Maternity". The Revolution. Archived October 5, 2011, at the Wayback Machine. Retrieved July 26, 2022 – via the University Honors Program, Syracuse University.
  64. ^ Mohr, James C. (1978). Abortion in America: The Origins and Evolution of National Policy. Oxford University Press. p. 110. ISBN 978-0195026160.
  65. ^ a b Mohr, James C. (1978). Abortion in America: The Origins and Evolution of National Policy. Oxford University Press. p. 112. ISBN 978-0195026160.
  66. ^ "States Probe Limits of Abortion Policy". The Pew Charitable Trusts. June 22, 2006. Retrieved July 26, 2022. Updated April 23, 2007.
  67. ^ Samuels, Alex; Potts, Monica (July 25, 2022). "How The Fight To Ban Abortion Is Rooted In The 'Great Replacement' Theory". FiveThirtyEight. Retrieved July 26, 2022. Declining white birth rates, along with the rising eugenics movement — a now-discredited pseudoscience focused on the genetic fitness of white Americans — were connected to the practice of abortion, and this helped bolster flawed, racist arguments for a total ban of the procedure. 'The physicians trying to pass these anti-abortion laws were concerned about how abortion was a 'danger' to our society and the ways we want our country to be,' said Shannon Withycombe, a professor of history at the University of New Mexico who studies 19th-century women's health. Their tactics worked. By the 1900s, abortion was illegal in every U.S. state.
  68. ^ Samuels, Alex; Potts, Monica (July 25, 2022). "How The Fight To Ban Abortion Is Rooted In The 'Great Replacement' Theory". FiveThirtyEight. Retrieved July 26, 2022. It took time for the anti-abortion movement to attract supporters, and unlike today, religious groups were not originally an active part of it. Still, momentum built as a small but influential number of physicians began arguing that licensed male doctors — as opposed to female midwives — should care for women throughout the reproductive cycle. In the late 1850s, one of the leaders of the nascent anti-abortion movement, a surgeon named Horatio Robinson Storer, began arguing that he didn't want the medical profession to be associated with abortion. He was able to push the relatively new American Medical Association to support his cause, and soon they were working to delegitimize midwives and enforce abortion bans. In an 1865 essay issued by order of the AMA, Storer went so far as to say of white women that 'upon their loins depends the future destiny of the nation.'
  69. ^ Hartmann, B (1997). "Population control I: Birth of an ideology". International Journal of Health Services. 27 (3): 523–540. doi:10.2190/bl3n-xajx-0yqb-vqbx. PMID 9285280. S2CID 39035850.
  70. ^ Lewis, Jone Johnson (2006). "Abortion History: A History of Abortion in the United States". Women's History. About.com. Archived from the original on March 3, 2017. Retrieved July 26, 2022.
  71. ^ Abdeltath, Rund; Arablouei, Ramtin; Caine, Julie; Kaplan-Levenson, Laine; Wu, Lawrence; Yvellez, Victor; Miner, Casey; Sangweni, Yolanda; Steinberg, Anya; George, Deborah. "Before Roe: The Physicians' Crusade". Throughline. NPR. Retrieved July 26, 2022.
  72. ^ Bennett, DeRobigne Mortimer (1878). Anthony Comstock: His Career of Cruelty and Crime, A Chapter from "The Champions of the Church: Their Crimes and Persecutions". New York: D. M. Bennett. Retrieved July 27, 2022 – via Internet Archive.
  73. ^ Kevles, Daniel J. (July 22, 2001). "The Secret History of Birth Control". The New York Times. Retrieved October 21, 2006.
  74. ^ "A Political, Public & Moral Look at Abortion". New York University. February 28, 2006. Archived from the original on October 4, 2016. Retrieved July 27, 2022.
  75. ^ a b Cohen, Patricia Cline (June 24, 2022). "The Dobbs decision looks to history to rescind Roe". The Washington Post. Retrieved July 27, 2022.
  76. ^ Sanger, Margaret (November 18, 1921). "The Morality of Birth Control". Retrieved July 27, 2022 – via American Rhetoric.
  77. ^ Cullen-DuPont, Kathryn (2000). Encyclopedia of Women's History in America. Infobase Publishing. p. 11. ISBN 978-0816041008. Retrieved November 28, 2011 – via Google Books.
  78. ^ Boyer, Paul S., ed. (2006). The Oxford companion to United States history. Oxford: Oxford University Press. p. 3. ISBN 978-0195082098. Retrieved July 27, 2022 – via Internet Archive.
  79. ^ "Sherri Finkbine's Abortion: Its Meaning 50 Years Later". Planned Parenthood Advocates of Arizona. August 15, 2012. Retrieved December 2, 2017.
  80. ^ Braun, Whitny (December 29, 2015). "Thalidomide: The Connection Between a Statue in Trafalgar Square, a 1960s Children's Show Host and the Abortion Debate". The Huffington Post. Retrieved December 2, 2017.
  81. ^ "Debating Reproductive Rights – Reproductive Rights and Feminism, History of Abortion Battle, History of Abortion Debate, Roe v. Wade and Feminists". Cliohistory.org. Retrieved December 2, 2017.
  82. ^ "Abortion". Who.int. Retrieved December 16, 2020.
  83. ^ Dore, Kate (June 24, 2022). "Supreme Court's overturning of Roe v. Wade will financially hurt the 'most marginalized' women, experts say". CNBC. Retrieved June 28, 2022.
  84. ^ Lenharo, Mariana (June 24, 2022). "After Roe v. Wade: US researchers warn of what's to come". Nature. 607 (7917): 15–16. Bibcode:2022Natur.607...15L. doi:10.1038/d41586-022-01775-z. PMID 35750925. S2CID 250022457.
  85. ^ Johnson, Linnea. "Something Real: Jane and Me. Memories and Exhortations of a Feminist Ex-Abortionist". CWLU Herstory Project. Archived from the original on July 25, 2011. Retrieved May 23, 2010.
  86. ^ Griswold v. Connecticut, 381 U.S. 479 (1965).
  87. ^ Eisenstadt v. Baird, 405 U.S. 438 (1972).
  88. ^ American College of Obstetricians and Gynecologists Terminology Bulletin. Terms Used in Reference to the Fetus. No. 1. Philadelphia: Davis, September 1965.
  89. ^ "Medicine: Abortion on Request". Time. March 9, 1970. Archived from the original on December 1, 2010. Retrieved October 15, 2012. (subscription required)
  90. ^ "Abortion Reform in Washington State - HistoryLink.org". Historylink.org. Retrieved October 9, 2017.
  91. ^ Kliff, Sarah (January 22, 2013). "Charts: How Roe v. Wade changed abortion rights". The Washington Post.
  92. ^ Cassidy, Keith (1995). "The Right to Life Movement". In Donald T. Critchlow (ed.). The Politics of Abortion and Birth Control in Historical Perspective. Issues in Policy History. Penn State Press. p. 140. ISBN 978-0271015705.
  93. ^ Staggenborg, Suzanne (1994). The Pro-Choice Movement: Organization and Activism in the Abortion Conflict. Oxford University Press. p. 35. ISBN 978-0195089257.
  94. ^ "Content Module Example Page". Archived from the original on February 9, 2019. Retrieved October 21, 2019.
  95. ^ Lessons from Before Roe: Will Past be Prologue? The Guttmacher Policy Review, Vol. 6 Iss. 1, March 1, 2003. Retrieved January 11, 2017.
  96. ^ a b Roe v. Wade, 410 U.S. 113, 154 (1973) "We, therefore, conclude that the right of personal privacy includes the abortion decision, but that this right is not unqualified, and must be considered against important state interests in regulation."
  97. ^ a b Roe v. Wade, 410 U.S. 113 (1972). Findlaw.com. Retrieved April 14, 2011.
  98. ^ Roe v. Wade, 410 U.S. 113, 164 (1973) ("If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during [the third trimester], except when it is necessary to preserve the life or health of the mother.")
  99. ^ Doe v. Bolton, 410 U.S. 179, 192 (1973)
  100. ^ "Frontline / Abortion Wars / Roe v Wade and Beyond". PBS. Retrieved October 5, 2015.
  101. ^ "The Right to Choose at 25: Looking Back and Ahead". ACLU. Retrieved October 5, 2015.
  102. ^ Dailard, Cynthia (June 1999). "Issues and Implications, Abortion Restrictions and the Drive for Mental Health Parity: A Conflict in Values?". The Guttmacher Report on Public Policy. 2 (3). Archived from the original on October 4, 2015. Retrieved October 2, 2015.
  103. ^ Palley, Marian Lief and Howard (2014). The Politics of Women's Health Care in the US. New York & London: Palgrave Pivot. p. 74. ISBN 978-1137008633. Retrieved October 5, 2015.
  104. ^ "Abortion after the First Trimester in the United States" (PDF). Planned Parenthood. February 2014. Retrieved October 5, 2015.
  105. ^ "Fetal Viability And Late-Term Abortion: The Facts And The Law". Democratic Underground. Retrieved October 5, 2015.
  106. ^ a b Planned Parenthood v. Casey, 505 U.S. 833, 878 (1992) ("(a) To protect the central right recognized by Roe v. Wade while at the same time accommodating the State's profound interest in potential life, we will employ the undue burden analysis as explained in this opinion. An undue burden exists, and therefore, a provision of law is invalid, if its purpose or effect is to place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.")
  107. ^ Planned Parenthood v. Casey, 505 U.S. 833, 846 (1992)
  108. ^ Denniston, Lyle (June 27, 2016). "Whole Woman's Health v. Hellerstedt – Opinion analysis: Abortion rights reemerge strongly". SCOTUSblog. Retrieved June 29, 2016.
  109. ^ a b Liptak, Adam (June 29, 2020). "Supreme Court Strikes Down Louisiana Abortion Restrictions". The New York Times. Retrieved June 29, 2020.
  110. ^ Barnes, Robert (October 4, 2019). "Supreme Court to review ruling on Louisiana abortion law". The Washington Post. Retrieved October 4, 2019.
  111. ^ Quinn, Melissa (May 17, 2021). "Supreme Court takes up blockbuster case over Mississippi's 15-week abortion ban". CBS News. Retrieved May 17, 2021.
  112. ^ Rabin, Roni Caryn (September 1, 2021). "Answers to Questions About the Texas Abortion Law". The New York Times. Archived from the original on October 1, 2021.
  113. ^ Gerstein, Josh; Ward, Alexander (May 2, 2022). "Exclusive: Supreme Court has voted to overturn abortion rights, draft opinion shows". Politico. Retrieved May 3, 2022.
  114. ^ "The Dobbs v. Jackson Decision, Annotated". The New York Times. June 24, 2022. Retrieved July 27, 2022.
  115. ^ Breuninger, Kevin; Mangan, Dan (June 24, 2022). "Supreme Court overturns Roe v. Wade, ending 50 years of federal abortion rights". CNBC. Retrieved June 24, 2022.
  116. ^ Wolfe, Elizabeth (May 3, 2022). "13 states have passed so-called 'trigger laws,' bans designed to go into effect if Roe v. Wade is overturned". CNN. Retrieved July 27, 2022.
  117. ^ Chiwaya, Nigel (May 3, 2022). "Map: These 'trigger law' states would ban abortion only if Roe is overturned". NBC News. Retrieved July 27, 2022.
  118. ^ Jiménez, Jesus (May 4, 2022). "What is a trigger law? And which states have them?". The New York Times. Retrieved July 27, 2022.
  119. ^ Thomson-DeVeaux, Amelia (June 24, 2022). "The Supreme Court's Argument For Overturning Roe v. Wade". FiveThirtyEight. Retrieved July 27, 2022.
  120. ^ a b Thomson-DeVeaux, Amelia (June 24, 2022). "Roe v. Wade Defined An Era. The Supreme Court Just Started A New One". FiveThirtyEight. Retrieved July 27, 2022.
  121. ^ Weixel, Nathaniel (August 21, 2022). "State ballot measures are new abortion battleground". The Hill. Retrieved September 9, 2022.
  122. ^ Terkel, Amanda; Wu, Jiachuan (August 9, 2023). "Abortion rights have won in every election since Roe v. Wade was overturned". NBC News. Retrieved August 9, 2023.
  123. ^ Weiss, Elias (June 28, 2022). "Arizona Women Eye Mexico for Abortions, Amid Conflicting Advice". Phoenix New Times. Retrieved July 26, 2022.
  124. ^ Linares, Albinson; Telemundo, Noticias Telemundo; Gutiérrez, Maricruz (July 1, 2022). "'We're here': Mexican groups slam U.S. abortion restrictions as they help more American women". NBC News. Retrieved July 26, 2022.
  125. ^ Flores, Silvana (August 31, 2023). "Abortion is now decriminalized in 12 Mexican states". NBC News. Reuters. Retrieved August 31, 2023.
  126. ^ "Aborto legal y seguro" (PDF) (in Spanish). GIRE. September 2021. p. 19. Retrieved July 26, 2022.
  127. ^ "Aborto legal y seguro" (PDF) (in Spanish). Sistema de Indicadores Estadísticos de Género – Instituto Nacional de las Mujeres. 2022. pp. 1–4. Retrieved July 26, 2022.
  128. ^ "FDA approval letter for Mifepristone". FDA. September 28, 2000. Archived from the original on November 16, 2001. Retrieved September 16, 2006.
  129. ^ "Medication Abortion in the United States: Mifepristone Fact Sheet" (PDF). Gynuity Health Projects. 2005. Archived from the original (PDF) on September 24, 2007.
  130. ^ Jones RK, Jerman J (March 2017). "Abortion Incidence and Service Availability In the United States 2014". Perspectives on Sexual and Reproductive Health. 49–1 (1): 17–27. doi:10.1363/psrh.12015. PMC 5487028. PMID 28094905. Archived from the original on October 17, 2017. Retrieved October 16, 2017.
  131. ^ "FDA Allows Abortion Pill to Stay Available by Mail". WebMD. Retrieved September 22, 2022.
  132. ^ Kimball, Spencer (June 27, 2022). "Women in states that ban abortion will still be able to get abortion pills online from overseas". CNBC. Retrieved February 27, 2023.
  133. ^ "'Marea Verde' Feminist Collective Defends the Right To Decide in Mexico: "Sick and Tired of Seeing Our Sisters Go to Jail" – Ms. Magazine". Ms. Retrieved September 22, 2022.
  134. ^ "'I need an abortion': The text that gets pills sent in secret". BBC News. August 25, 2022. Retrieved September 22, 2022.
  135. ^ "Abortion doulas in Mexico anticipate influx of U.S. women seeking abortions". Dallas News. July 5, 2022. Retrieved September 22, 2022.
  136. ^ Sánchez, Alejandra (May 25, 2022). "Ayudan chihuahuenses a mujeres de EU a abortar". El Diario de Juárez (in Spanish). Retrieved September 22, 2022. El Diario de Chihuahua
  137. ^ "Covert network provides pills for thousands of abortions in U.S. post Roe". Washington Post. October 18, 2022. Retrieved February 27, 2023.
  138. ^ Shepardson, David (January 4, 2023). "U.S. Postal Service can continue to deliver prescription abortion medication, DOJ says". Reuters. Retrieved February 27, 2023.
  139. ^ "Get abortion pills by mail in all 50 U.S. states. The help desk and Aid Access doctors are here to support you through the whole online order process". www.aidaccess.org. April 15, 2023. Archived from the original on April 15, 2023. Retrieved April 15, 2023.
  140. ^ Marimow, Ann E.; Kitchener, Caroline; Stein, Perry (April 7, 2023). "Texas judge suspends FDA approval of abortion pill mifepristone". The Washington Post. Retrieved April 7, 2023.
  141. ^ a b VanSickle, Abbie; Belluck, Pam (April 8, 2023). "With Dueling Rulings, Abortion Pill Cases Appear Headed to the Supreme Court". The New York Times. Retrieved April 13, 2023.
  142. ^ Cheney, Kyle; Gerstein, Josh; Ollstein, Alice (April 13, 2023). "Appeals court keeps abortion pill on the market but sharply limits access". Politico. Retrieved April 13, 2023.
  143. ^ "Medication Abortion Now Accounts for More Than Half of All US Abortions". Guttmacher Institute. February 22, 2022.
  144. ^ Gambino, Lauren (April 8, 2023). "Democrats condemn judge's 'draconian' decision threatening abortion drug". The Guardian.
  145. ^ Greenhouse, Linda (April 19, 2007). "Justices Back Ban on Method of Abortion". The New York Times. Retrieved January 3, 2010.
  146. ^ Interactive maps comparing U.S. abortion restrictions by state, LawServer
  147. ^ Report, Committee on the Judiciary, U.S. Senate, on Senate Joint Resolution 3, 98th Congress, 98–149, June 7, 1983, p. 6.
  148. ^ "Perinatal Management of Extreme Preterm Birth before 27 weeks of gestation A Framework for Practice" (PDF). British Association of Perinatal Medicine. October 2019. Retrieved December 4, 2019.
  149. ^ Baptist Hospital of Miami, Fact Sheet at the Wayback Machine (archived March 26, 2009). (archived from the original on March 26, 2009)
  150. ^ "Access to Abortion" (PDF). National Abortion Federation. 2003. Archived (PDF) from the original on June 19, 2007. Retrieved June 17, 2007.
  151. ^ ""Public Funding for Abortion" (map)" (PDF). Retrieved August 8, 2013.
  152. ^ Alder, Madison (November 30, 2021). "Roe Abortion Decision Fueled Supreme Court Confirmation Wars". Retrieved December 13, 2022.
  153. ^ "Women's Health Protection Act of 2021". Congress. June 8, 2021. Retrieved June 26, 2022.
  154. ^ "Senate rejects Democratic bill to codify abortion rights". NBC News. February 28, 2022. Retrieved June 26, 2022.
  155. ^ Jacob Knutson (June 24, 2022). "AG Garland: States can't ban FDA-approved abortion pills on safety grounds". Axios.
  156. ^ When Massachusetts tried to ban an opioid, a court said no. What about abortion pills?
  157. ^ ZOGENIX, INC. v. DEVAL PATRICK, in his official capacity as GOVERNOR OF THE COMMONWEALTH OF MASSACHUSETTS, et al. / ORDER / April 15, 2014
  158. ^ "Sen. Graham introduces bill to ban abortion nationwide at 15 weeks". NBC News. Retrieved September 13, 2022.
  159. ^ "Graham's abortion ban stuns Senate GOP". POLITICO. September 13, 2022. Retrieved September 13, 2022.
  160. ^ Karni, Annie (September 13, 2022). "Graham Proposes 15-Week Abortion Ban, Seeking to Unite Republicans". The New York Times. ISSN 0362-4331. Retrieved September 13, 2022.
  161. ^ "Graham Reintroduces 20-Week Abortion Ban". Office of U.S. Senator Lindsay Graham. Retrieved September 16, 2022.
  162. ^ "Where abortion stands in your state: A state-by-state breakdown of abortion laws".
  163. ^ "EXPLAINER: What's the role of personhood in abortion debate?". ABC News.
  164. ^ "Prosecuting pregnancy loss: Why advocates fear a post-Roe surge of charges". ABC News.
  165. ^ "Losing a pregnancy could land you in jail in post-Roe America". NPR.org.
  166. ^ "HB314". Retrieved July 28, 2022.
  167. ^ "HB314". Retrieved July 28, 2022. Section 5. No woman upon whom an abortion is performed or attempted to be performed shall be criminally or civilly liable.
  168. ^ "Arizona Revised Statutes Title 13. Criminal Code §13-3603". Retrieved October 8, 2022.
  169. ^ "SB6". Retrieved July 28, 2022.
  170. ^ "SB6". Retrieved July 28, 2022. 5-61-404. Prohibition. (c) This section does not: (1) Authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child.
  171. ^ "Title 18 Crimes and Punishments Chapter 6 Abortion and Contraceptives" (PDF). Retrieved July 28, 2022.
  172. ^ "Title 18 Crimes and Punishments Chapter 6 Abortion and Contraceptives" (PDF). Retrieved July 28, 2022. 18-606 (2) Every woman who knowingly submits to an abortion or solicits of another, for herself, the production of an abortion, or who purposely terminates her own pregnancy otherwise than by a live birth, shall be deemed guilty of a felony...
  173. ^ "Senate Bill 1". Retrieved October 8, 2022.
  174. ^ "Senate Bill 1". Retrieved October 8, 2022. The following sections of this chapter do not apply to a pregnant woman who terminates her own pregnancy or kills a fetus that she is carrying
  175. ^ "KRS Chapter 311". Retrieved July 28, 2022.
  176. ^ "KRS Chapter 311". Retrieved July 28, 2022. 311.772 (5) Nothing in this section may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty
  177. ^ "SB342". Retrieved July 28, 2022.
  178. ^ "SB342". Retrieved July 28, 2022. 87.7. D. This Section does not apply to a pregnant female upon whom an abortion is committed or performed in violation of this Section and the pregnant female shall not be held responsible for the criminal consequences of any violation of this Section.
  179. ^ "Mississippi Code Title 41. Public Health". Retrieved July 28, 2022.
  180. ^ "Mississippi Code Title 41. Public Health". Retrieved July 28, 2022. 41-41-45. (4) Any person, except the pregnant woman, who purposefully, knowingly or recklessly performs or attempts to perform or induce an abortion in the State of Mississippi...
  181. ^ "Title XII Public Health and Welfare Chapter 188". Retrieved July 28, 2022.
  182. ^ "Title XII Public Health and Welfare Chapter 188". Retrieved July 28, 2022. 188.017. 2. A woman upon whom an abortion is performed or induced in violation of this subsection shall not be prosecuted for a conspiracy to violate the provisions of this subsection.
  183. ^ "Century Code Chapter 12.1–31 Miscellaneous Offenses". Retrieved July 28, 2022.
  184. ^ "Century Code Chapter 12.1–31 Miscellaneous Offenses". Retrieved July 28, 2022. 12.1-31-12. 2. It is a class C felony for a person, other than the pregnant female upon whom the abortion was performed, to perform an abortion.
  185. ^ "SB612". Retrieved July 28, 2022.
  186. ^ "SB612". Retrieved July 28, 2022. B. 3. This section does not: a. authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child.
  187. ^ "Codified Laws 22-17-5.1". Retrieved July 28, 2022.
  188. ^ "T. C. A. § 39-15-217" (PDF). Retrieved July 28, 2022.
  189. ^ "T. C. A. § 39-15-217" (PDF). Retrieved July 28, 2022. No penalty may be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or induced.
  190. ^ "Health and Safety Code Title 2 Health Subtitle H Public Health Provisions Chapter 170A Performance of Abortion". Retrieved July 28, 2022.
  191. ^ "Health and Safety Code Title 2 Health Subtitle H Public Health Provisions Chapter 170A Performance of Abortion". Retrieved July 28, 2022. Sec. 170A.003. Construction of Chapter. This chapter may not be construed to authorize the imposition of criminal, civil, or administrative liability or penalties on a pregnant female on whom an abortion is performed, induced, or attempted.
  192. ^ "Utah Criminal Code Section 314". Retrieved July 28, 2022.
  193. ^ "HB 302". Retrieved October 9, 2022.
  194. ^ "HB 302". Retrieved October 9, 2022. (c) This section may not be construed to subject a mother to a criminal penalty for any violation of this section.
  195. ^ "Wisconsin Code 940.04". Retrieved October 8, 2022.
  196. ^ "Wisconsin Code 940.04". Retrieved October 8, 2022. Any person, other than the mother, who intentionally destroys the life of an unborn child is guilty of a Class H felony.
  197. ^ "Title 35 Public Health and Safety" (PDF). Retrieved July 28, 2022.
  198. ^ "Tracking Abortion Laws by State". The New York Times. January 12, 2024. Retrieved March 23, 2024.
  199. ^ "Using Abortion Pills for Safe Abortion in the USA. Self-Managed Abortion; Safe and Supported (SASS). Women Help Women Consultation". Consult.womenhelp.org. January 12, 2017. Retrieved July 21, 2017.
  200. ^ Politics (February 10, 2017). "Here's how many abortion clinics are in each state". Business Insider. Retrieved July 21, 2017.
  201. ^ "Strict Texas abortion law struck down". BBC News. June 27, 2016.
  202. ^ Liptak, Adam (June 29, 2020). "Supreme Court Strikes Down Louisiana Abortion Law, With Roberts the Deciding Vote". The New York Times.
  203. ^ "Parental Involvement in Minors' Abortions". Guttmacher Institute. March 1, 2022.
  204. ^ "New York Dems Flex Muscles, Pass Reproductive Health Act". CBSNewYork. January 22, 2019.
  205. ^ Russo, Amy (January 23, 2019). "Andrew Cuomo Signs Abortion Bill Into Law, Codifying Roe v. Wade". HuffPost. Retrieved May 15, 2022.
  206. ^ "Legal opinion backs abortion". Saipan Tribune. May 12, 2000. Retrieved May 15, 2022.
  207. ^ "Lang: Abortion is illegal in CNMI". Saipan Tribune. May 17, 2000. Retrieved May 15, 2022.
  208. ^ Boyette, Chris; Croft, Jay (June 7, 2019). "Abortion is legal in Guam. But the closest provider is a long flight away". CNN. Retrieved May 15, 2022.
  209. ^ Stracqualursi, Veronica (May 1, 2019). "Alabama House passes bill that would make abortion a felony". CNN. Retrieved May 2, 2019.
  210. ^ Elliott, Debbie (May 1, 2019). "Alabama Lawmakers Move To Outlaw Abortion In Challenge To Roe V. Wade". NPR.org. Retrieved May 6, 2019.
  211. ^ Smith, Kate (May 13, 2019). "Ahead of Alabama abortion bill debate, Lieutenant Governor fights against rape and incest exceptions". CBS News. Retrieved May 14, 2019.
  212. ^ Garrand, Danielle (May 15, 2019). "Alabama just criminalized abortions – and every single yes vote was cast by a white man". CBS News. Retrieved May 15, 2019.
  213. ^ Kelly, Caroline (May 15, 2019). "Alabama governor signs nation's most restrictive anti-abortion bill into law". CNN. Retrieved May 15, 2019.
  214. ^ Rambaran, Vandana (May 15, 2019). "Alabama 'has gone too far' with 'extreme' abortion bill, Pat Robertson says". Fox News. Retrieved May 15, 2019.
  215. ^ "Louisiana's Democratic governor signs abortion ban into law". NBC News. Associated Press. May 30, 2019. Retrieved August 27, 2019.
  216. ^ Totenberg, Nina; Montanaro, Domenico (May 28, 2019). "Supreme Court Upholds Indiana Provision Mandating Fetal Burial or Cremation". NPR.
  217. ^ Kruzel, John (December 9, 2019). "Supreme Court declines to hear Kentucky ultrasound law". The Hill.
  218. ^ Ariane de Vogue, Devan Cole and Caroline Kelly. "John Roberts sides with liberals on Supreme Court to block controversial Louisiana abortion law". CNN.
  219. ^ "Supreme Court's Louisiana abortion case could have implications in Ohio: Capitol Letter". cleveland. June 30, 2020.
  220. ^ Najmabadi, Shannon (June 29, 2020). "Supreme Court affirms abortion protections, strikes down Louisiana abortion law". The Texas Tribune.
  221. ^ Waller, Allyson (September 8, 2021). "Texas has banned abortions at about six weeks. But the time frame for pregnant patients to get one is less than two". The Texas Tribune. Retrieved May 4, 2022.
  222. ^ "Texas Legislature Online – 85(R) Text for SB 8". Capitol.texas.gov. Retrieved May 28, 2021.
  223. ^ De Vogue, Ariane (September 1, 2021). "Texas 6-week abortion ban takes effect after Supreme Court inaction". CNN. Archived from the original on September 1, 2021. Retrieved September 2, 2021.
  224. ^ Totenberg, Nina (September 2, 2021). "Supreme Court Upholds New Texas Abortion Law, For Now". NPR. Retrieved September 2, 2021.
  225. ^ "Docket for United States v. State of Texas, 1:21-cv-00796". CourtListener.com. Retrieved September 13, 2021.
  226. ^ a b Barrett, Devlin; Marimow, Ann E. (September 9, 2021). "Justice Department sues Texas to block six-week abortion ban". The Washington Post. Retrieved September 9, 2021.
  227. ^ a b Johnson, Carrie; Sprunt, Barbara (September 9, 2021). "Justice Department Sues Texas Over New Abortion Ban". NPR News. Retrieved September 9, 2021. (includes full text of lawsuit)
  228. ^ Tierney Sneed (September 10, 2021). "The Justice Department's uphill battle against Texas' abortion ban". CNN. Retrieved September 13, 2021.
  229. ^ The Editorial Board (September 9, 2021). "Merrick Garland's Texas Two-Step". The Wall Street Journal. ISSN 0099-9660. Retrieved September 13, 2021.
  230. ^ Mizelle, Shanwa (April 4, 2022). "Colorado governor signs bill to protect access to abortion". CNN. Retrieved April 4, 2022.
  231. ^ a b "Oklahoma governor signs nation's strictest abortion ban". MSN. Retrieved May 27, 2022.
  232. ^ World, Barbara Hoberock Tulsa. "Bill making abortion illegal starting at conception signed by Oklahoma governor". San Francisco Examiner. Archived from the original on May 27, 2022. Retrieved May 26, 2022.
  233. ^ "Legal challenge filed to stop Oklahoma anti-abortion bill". ABC News. Associated Press. May 26, 2022. Retrieved May 26, 2022.
  234. ^ Weber, Andy (May 20, 2022). "Lawsuit planned over 'extreme,' 'very dangerous' latest abortion ban, ACLU Oklahoma says". KOCO. Retrieved May 26, 2022.
  235. ^ Forman, Carmen. "Oklahoma governor signs nation's strictest abortion ban. It starts immediately". USA TODAY. Retrieved May 27, 2022.
  236. ^ Yahoo! News, Yahoo! News (May 25, 2022). ""Oklahoma governor signs into law strictest abortion ban in the U.S"". Yahoo! News. pp. Full Article. Retrieved May 25, 2022.
  237. ^ Vagianos, Alanna (June 24, 2022). "Abortion Is Now Illegal In These States". HuffPost. Retrieved June 25, 2022.
  238. ^ Munce, Megan (June 25, 2022). "What you need to know about abortion in Texas". The Texas Tribune. Retrieved June 26, 2022.
  239. ^ Druker, Simon. "Minn. Senate passes law guaranteeing right to abortion, reproductive care". upi.
  240. ^ Kashiwagi, Sydney (January 31, 2023). "Minnesota governor signs bill codifying 'fundamental right' to abortion into law". CNN. Archived from the original on February 2, 2023. Retrieved February 24, 2023.
  241. ^ Stempel, Jonathan; Pierson, Brendan. "Five women who say they were denied abortions sue Texas". Reuters. Retrieved March 7, 2023.
  242. ^ a b Gold, Hannah (April 7, 2020). "Every State That's Tried to Ban Abortion Over the Coronavirus". The Cut. Retrieved April 7, 2020.
  243. ^ "In Texas, Oklahoma, Women Turned Away Because Of Coronavirus Abortion Bans". NPR. Retrieved April 8, 2020.
  244. ^ Millhauser, Ian (January 13, 2021). "The Supreme Court hands down its first anti-abortion decision of the Amy Coney Barrett era". Vox. Retrieved January 13, 2021.
  245. ^ Glenza, Jessica (April 27, 2021). "The tiny American towns passing anti-abortion rules". The Guardian. Retrieved May 11, 2022.
  246. ^ "Texas town bans abortion in all-male council vote". BBC News. June 13, 2019. Retrieved January 23, 2020.
  247. ^ Miller, Ryan W. (June 14, 2019). "'Sanctuary city for the unborn': All-male city council in Texas town bans most abortions". USA Today. Retrieved January 23, 2020.
  248. ^ Stanley-Becker, Isaac (June 13, 2019). "Five men outlaw abortion in a Texas town, declaring a 'sanctuary city for the unborn'". The Washington Post. Retrieved May 11, 2022.
  249. ^ Hargett, Kenley (July 6, 2019). "'Abortion is Freedom' billboards cause controversy in Waskom, city declared the act illegal". Ksla.com. Retrieved January 23, 2020.
  250. ^ Wax-Thibodeaux, Emily (October 1, 2019). "Anti-abortion law spreads in East Texas as 'sanctuary city for the unborn' movement expands". The Texas Tribune. Retrieved January 23, 2020.
  251. ^ Parke, Caleb (January 16, 2020). "Banning abortion, more Texas towns become 'sanctuary cities for the unborn'". Fox News. Retrieved January 23, 2020.
  252. ^ Walters, Edgar (January 15, 2020). "Three Texas towns vote in favor of 'sanctuary cities for the unborn,' hoping to ban abortion". Click2Houston.com. Retrieved January 23, 2020.
  253. ^ Standiford, Melanie (April 7, 2021). "Hayes Center is first Nebraska town to make abortion illegal and punishable by law". 1011now.com. Archived from the original on April 18, 2021. Retrieved April 15, 2021.
  254. ^ "Blue Hill is second Nebraska town to outlaw abortion in city limits". 1011now.com. April 15, 2021. Retrieved April 15, 2021.
  255. ^ Shatara, Jay (April 16, 2021). "Two Nebraska towns outlaw abortion". Nebraska.tv. Retrieved April 16, 2021.
  256. ^ Najmabadi, Shannon (May 1, 2021). "Lubbock votes to become the state's largest 'sanctuary city for the unborn'". The Eagle. Retrieved May 11, 2022.
  257. ^ "Lubbock votes to become largest city in U.S. to ban abortion". KAMC. May 2, 2021. Retrieved May 11, 2022.
  258. ^ "Lubbock's Sanctuary City for the Unborn ordinance wins passage by wide margin". The Dallas Morning News. May 2, 2021. Retrieved May 11, 2022.
  259. ^ "Abortion Sanctuary Cities: A Local Response to The Criminalization of Self-Managed Abortion". California Law Review. Retrieved September 6, 2022.
  260. ^ "How much does an abortion cost?". Planned Parenthood. Retrieved April 11, 2023.
  261. ^ a b c Rankin, Lauren (May 23, 2022). "How to Get Help for Your Abortion Inside abortion mutual aid network". New York. Retrieved May 24, 2022.
  262. ^ "The Hyde Amendment" (PDF). National Committee for a Human Life Amendment. April 2008. Archived from the original (PDF) on November 16, 2009. Retrieved January 23, 2009. text and history
  263. ^ Francis Roberta W. "Frequently Asked Questions". Equal Rights Amendment. Alice Paul Institute. Archived from the original on April 17, 2009. Retrieved September 13, 2009.
  264. ^ "Are abortions covered by health insurance?". Insurance.com. Retrieved April 11, 2023.
  265. ^ "Women's Health Policy Facts" (PDF). The Henry J. Kaiser Family Foundation. 2008. Archived from the original (PDF) on February 25, 2009. Retrieved January 2, 2009.
  266. ^ "The Mexico City Policy: An Explainer". Kaiser Family Foundation. January 28, 2021. Retrieved June 27, 2022.
  267. ^ Advancing access to abortion care Archived September 7, 2014, at the Wayback Machine. ANSIRH (January 24, 2013). Retrieved on April 12, 2015.
  268. ^ Kowalczyk, E. A. (1993). "Access to abortion services: Abortions performed by mid-level practitioners". Trends in Health Care, Law & Ethics. 8 (3): 37–45. PMID 8118134.
  269. ^ "Maryland law expanding who can perform abortion takes effect". Associated Press. July 2022.
  270. ^ "CDCs Abortion Surveillance System FAQs". Center for Disease Control and Prevention. November 21, 2012. Retrieved August 8, 2013.
  271. ^ a b Jones, Rachel K.; Kooistra, Kathryn (March 2011). "Abortion Incidence and Access to Services in the United States, 2008" (PDF). Perspectives on Sexual and Reproductive Health. 43 (1): 41–50. doi:10.1363/4304111. PMID 21388504. S2CID 2045184. Retrieved December 8, 2017.
  272. ^ a b Jones, Rachel K.; Witwer, Elizabeth; Jerman, Jenna (September 2019). Abortion Incidence and Service Availability in the United States, 2017 (Report). doi:10.1363/2019.30760. PMC 5487028. S2CID 203813573. Retrieved December 12, 2020.
  273. ^ Jones, Laurie (2003). "Abortion Surveillance – United States, 2000". Morbidity and Mortality Weekly Report. Surveillance Summaries. 52 (12). Washington, D.C.: Center for Disease Control: 1–32. PMID 14647014. Retrieved October 2, 2013.
  274. ^ Elam-Evans, Laurie D. (2003). "Abortion Surveillance – United States, 2000". Morbidity and Mortality Weekly Report. Surveillance Summaries. 52 (12). Washington, D.C.: Center for Disease Control: 1–32. PMID 14647014. Retrieved October 2, 2013.
  275. ^ Somashekhar, Sandhya (February 2, 2014). "Study: Abortion rate at lowest point since 1973". The Washington Post. Retrieved February 3, 2014.
  276. ^ Moon, Angela (February 2, 2014). "U.S. abortion rate hits lowest level since 1973: study". Reuters. Retrieved February 3, 2014.
  277. ^ Bassett, Laura (February 2, 2014). "U.S. Abortion Rate Hits Lowest Point Since 1973". The Huffington Post. Retrieved February 3, 2014.
  278. ^ Jayson, Sharon (February 2, 2014). "Abortion rate at lowest level since 1973". USA Today. Retrieved February 3, 2014.
  279. ^ Jatlaoui, TC; Eckhaus, L; Mandel, MG; Nguyen, A; Oduyebo, T; Petersen, Emily; Whiteman, MK (November 29, 2019). "Abortion Surveillance – United States, 2016". MMWR. Surveillance Summaries. 68 (11): 1–41. doi:10.15585/mmwr.ss6811a1. ISSN 1546-0738. PMC 6289084. PMID 31774741.
  280. ^ "Map: How the number of abortions has changed, state by state". NBC News. September 7, 2023. Retrieved September 7, 2023.
  281. ^ Jones, Rachel K.; Kooistra, Kathryn (March 2011). "Abortion incidence and access to services in the United States, 2008" (PDF). Perspectives on Sexual and Reproductive Health. 43 (1): 41–50. doi:10.1363/4304111. PMID 21388504. S2CID 2045184. 94% of non-hospital medical abortions used mifepristone and misoprostol—6% used methotrexate and misoprostol—in the United States in 2008.
  282. ^ Pazol, Karen; Creanga, Andreea A.; Zane, Suzanne B.; Burley, Kim D.; Jamieson, Denise J; Division of Reproductive Health (November 23, 2012). "Abortion surveillance – United States, 2009" (PDF). MMWR Surveillance Summaries. 61 (8): 1–44. PMID 23169413.
  283. ^ Fjerstad, Mary; Trussell, James; Sivin, Irving; Lichtenberg, E. Steve; Cullins, Vanessa (July 9, 2009). "Rates of serious infection after changes in regimens for medical abortion". New England Journal of Medicine. 361 (2): 145–151. doi:10.1056/NEJMoa0809146. PMC 3568698. PMID 19587339.
  284. ^ Cite error: The named reference Guttmacher_2022-02 was invoked but never defined (see the help page).
  285. ^ Jones, Rachel K (June 2011). "Changes in Abortion Rates Between 2000 and 2008 and Lifetime Incidence of Abortion". Obstetrics & Gynecology. 117 (6): 1358–1366. doi:10.1097/AOG.0b013e31821c405e. PMID 21606746. S2CID 21593113.
  286. ^ Guttmacher.org"Get "In the Know": Questions About Pregnancy, Contraception and Abortion". Archived from the original on March 11, 2008. Retrieved April 26, 2007.
  287. ^ Abortion Rate Falls, But Not Equally for All Women, Time magazine, September 23, 2008
  288. ^ "Abortion and Women of Color: The Bigger Picture", Guttmacher Policy Review, Volume 11, Issue 3
  289. ^ Diamant, Jeff; Mohamed, Besheer (June 24, 2022). "What the data says about abortion in the U.S." Pew Research Center.
  290. ^ a b c d e f g Maddow-Zimet, Isaac; Kost, Kathryn (July 21, 2022). "Even Before Roe Was Overturned, Nearly One in 10 People Obtaining an Abortion Traveled Across State Lines for Care". Guttmacher Institute.
  291. ^ Bankole, Akinrinola; Singh, Susheela; Haas, Taylor (1998). "Reasons Why Women Have Induced Abortions: Evidence from 27 Countries". International Family Planning Perspectives. 24 (3): 117–127, 152. doi:10.2307/3038208. JSTOR 3038208. Archived from the original on January 17, 2006. Retrieved June 24, 2007.
  292. ^ a b Finer, Lawrence B.; Frohwirth, Lori F.; Dauphinee, Lindsay A.; Singh, Susheela; Moore, Ann M. (September 2005). "Reasons U.S. Women Have Abortions: Quantitative and Qualitative Perspectives" (PDF). Perspectives on Sexual and Reproductive Health. 37 (3): 110–118. doi:10.1111/j.1931-2393.2005.tb00045.x. JSTOR 3650599. PMID 16150658.
  293. ^ Torres, Aida; Forrest, Jacqueline Darroch (July–August 1988). "Why Do Women Have Abortions?". Family Planning Perspectives. 20 (4): 169–176. doi:10.2307/2135792. JSTOR 2135792. PMID 3243347. S2CID 25224865. Some 42 facilities were originally invited to participate in the study; these include six at which a relatively large number of late abortions (those at 16 or more weeks' gestation) were performed.
  294. ^ "Induced Abortion Facts in Brief" (2002) (13,000 out of 1.31 million abortions in 2000 were on account of rape or incest). Retrieved via InfoPlease January 7, 2007. Adapted from "Alan Guttmacher Institute, Induced Abortion, Facts in Brief, 2002". Facts in Brief Archived October 13, 2007, at the Wayback Machine from Guttmacher Institute does not include the 13 000 statistic though, nor does the 2003 version Archived March 6, 2015, at the Wayback Machine.
  295. ^ Dehlendorf, Christine; Lisa Harris (October 1, 2013). "Disparities in Abortion Rates: A Public Health Approach". American Journal of Public Health. 103 (10): 1772–1779. doi:10.2105/ajph.2013.301339. PMC 3780732. PMID 23948010.
  296. ^ a b "Abortion Surveillance – United States, 2011". Retrieved January 25, 2017.
  297. ^ a b Raymond, E. G.; Grimes, D. A. (2012). "The Comparative Safety of Legal Induced Abortion and Childbirth in the United States". Obstetrics & Gynecology. 119 (2, Part 1): 215–219. doi:10.1097/AOG.0b013e31823fe923. PMID 22270271. S2CID 25534071. ...The pregnancy-associated mortality rate among women who delivered live neonates was 8.8 deaths per 100,000 live births. The mortality rate related to induced abortion was 0.6 deaths per 100,000 abortions...The risk of death associated with childbirth is approximately 14 times higher than that with abortion.
  298. ^ Bartlett LA; Berg CJ; Shulman HB; et al. (April 2004). "Risk factors for legal induced abortion-related mortality in the United States". Obstetrics & Gynecology. 103 (4): 729–737. doi:10.1097/01.AOG.0000116260.81570.60. PMID 15051566. S2CID 42597014.
  299. ^ Trupin, Suzanne (May 27, 2010). "Elective Abortion". eMedicine. Archived from the original on December 14, 2004. Retrieved June 1, 2010. At every gestational age, elective abortion is safer for the mother than carrying a pregnancy to term.
  300. ^ Pittman, Genevra (January 23, 2012). "Abortion safer than giving birth: study". Reuters. Archived from the original on February 6, 2012. Retrieved February 4, 2012.
  301. ^ a b Kortsmit, Katherine (2022). "Abortion Surveillance — United States, 2020". MMWR. Surveillance Summaries. 71 (10): 1–27. doi:10.15585/mmwr.ss7110a1. ISSN 1546-0738. PMC 9707346. PMID 36417304.
  302. ^ "Title X Program Funding History". U.S. Department of Health and Human Services. April 4, 2019. Retrieved March 2, 2021.
  303. ^ "Facts on Publicly Funded Contraceptive Services in the United States". Guttmacher Institute. February 2011. Archived from the original on September 26, 2008. Retrieved March 2, 2021.
  304. ^ Napili, Angela (October 15, 2018). Family Planning Program Under Title X of the Public Health Service Act (PDF) (Report). Retrieved May 4, 2020.
  305. ^ "Gallup: Abortion". Gallup poll. June 22, 2007.
  306. ^ "Trimesters Still Key to U.S. Abortion Views". June 13, 2018.
  307. ^ a b Saad, Lydia (April 28, 2010). "Education Trumps Gender in Predicting Support for Abortion – College-educated adults – and especially college-educated women – most supportive". Gallop. Archived from the original on September 16, 2017. Retrieved January 5, 2020. Educational achievement is much more important than gender in determining support for broadly legal abortion, with college-educated adults – and especially college-educated women – the most supportive. This has been the case since the 1970s. Gallup's long-term abortion question – instituted two years after the 1973 Roe v. Wade ruling gave sweeping constitutional protection to abortion – asks Americans to say whether they believe abortion should be 'legal under any circumstances,' 'legal only under certain circumstances,' or 'illegal in all circumstances.'
  308. ^ a b "Public Opinion on Abortion – Views on abortion, 1995–2019". Pew Research Center. August 29, 2019. Archived from the original on September 19, 2019. Retrieved January 5, 2020. Seven-in-ten college graduates (70%) say abortion should be legal in all or most cases, as do 60% of those with some college education. A slim majority of those with a high school degree or less education share this opinion: 54% say abortion should be legal in all or most cases, while 44% say it should be illegal in all or most cases.
  309. ^ a b Murray, Mark (January 21, 2013). "NBC/WSJ poll: Majority, for first time, want abortion to be legal". NBC News. Retrieved August 8, 2013.
  310. ^ a b "Roe v. Wade at 40: Most Oppose Overturning Abortion Decision". January 16, 2013.
  311. ^ "Committed to Availability, Conflicted about Morality: What the Millennial Generation Tells Us about the Future of the Abortion Debate and the Culture Wars". Public Religion Research Institute. June 9, 2011.
  312. ^ Melillo, Gianna (2023). "Americans' dissatisfaction with US abortion policies hits all-time high". The Hill.
  313. ^ "Abortion views table 2008–2012". Pew Research Center for the People & the Press. April 25, 2012. Retrieved August 8, 2013.
  314. ^ a b "Poll: Strong Support For Abortion Rights" (January 22, 2003). CBS News. Retrieved January 11, 2007.
  315. ^ a b The Polling Report. (2008). Retrieved September 10, 2008.
  316. ^ a b c d e f "Abortion". Gallup Poll. Gallup.com. June 22, 2007. p. 2. Archived from the original on May 13, 2010. Retrieved May 13, 2010.
  317. ^ Saad, "Americans Walk the Middle Road on Abortion", The Gallup Poll Monthly (April 2000); "Gallup Poll Topics". Archived from the original on June 3, 2008. Retrieved August 25, 2016. from Florida Right to Life. Retrieved January 12, 2007.
  318. ^ "Abortion". Gallup.com. June 22, 2007. Retrieved August 8, 2013.
  319. ^ Rubin, Allisa J. (June 18, 2000). "Americans Narrowing Support for Abortion Archived January 20, 2013, at the Wayback Machine." Los Angeles Times. Retrieved January 11, 2007.
  320. ^ a b Public Agenda Online. (2006). Men and women hold similar views on the legality of abortion Archived May 6, 2015, at the Wayback Machine
  321. ^ Fox News/Opinion Dynamics Poll. April 25–26, 2005: "Do you think a female under age 18 should be required by state law to notify at least one parent or guardian before having an abortion?" 78% yes, 17% no. "Do you think a female under age 18 should be required by state law to get permission or consent from at least one parent or guardian before having an abortion?" 72% yes, 22% no.
  322. ^ Harris Interactive, (May 4, 2006). "Support for Roe vs. Wade Declines to Lowest Level Ever Archived December 8, 2006, at the Wayback Machine." Retrieved January 4, 2007." Pro-life activists have disputed whether the Harris poll question is a valid measure of public opinion about Roe's overall decision, because the question focuses only on the first three months of pregnancy." See Franz, Wanda. "The Continuing Confusion About Roe v. Wade" Archived May 12, 2008, at the Wayback Machine, NRL News (June 2007). See also Adamek, Raymond. "Abortion Polls", Public Opinion Quarterly, Vol. 42, No. 3 (Autumn, 1978), pp. 411–413.
  323. ^ CNN Opinion Research Poll, (May 9, 2007). Retrieved May 27, 2007.
  324. ^ "Abortion" The Gallup Poll (May 21, 2007) Retrieved May 28, 2007.
  325. ^ "Moving Beyond "Pro-Choice" and "Pro-Life" – PRRI". January 10, 2013. Retrieved January 25, 2017.
  326. ^ Most Who Know of Decision Agree With Supreme Court on Partial Birth Abortion Archived April 27, 2007, at the Wayback Machine Rasmussen Reports. April 22, 2007. Retrieved on April 26, 2007
  327. ^ Ziegler, Mary (2015). After Roe: The Lost History of the Abortion Debate. Cambridge, Massachusetts: Harvard University Press. pp. 36, 98. ISBN 9780674736771. Archived from the original on May 25, 2022. Retrieved May 9, 2022 – via Google Books.
  328. ^ Elving, Ron (May 8, 2022). "The leaked abortion decision blew up overnight. In 1973, Roe had a longer fuse". NPR. Archived from the original on May 9, 2022. Retrieved May 10, 2022.
  329. ^ Williams, Daniel K. (May 9, 2022). "This Really Is a Different Pro-Life Movement". The Atlantic. Archived from the original on May 10, 2022. Retrieved May 10, 2022.
  330. ^ a b "Support for Abortion in Sharp Decline". Zogby. January 23, 2006. Archived from the original on June 3, 2008. Retrieved July 28, 2022.
  331. ^ "The New York Times/CBS News Poll 2004 Republican National Delegate Survey (Q29)" (PDF). The New York Times. August 29, 2004. Retrieved July 28, 2022.
  332. ^ Williams, Daniel (January 1, 2011). "The GOP's Abortion Strategy: Why Pro-Choice Republicans Became Pro-Life in the 1970s". Journal of Policy History. 23 (4). Cambridge University Press: 513–539. doi:10.1017/S0898030611000285. S2CID 154353515. Retrieved March 3, 2021. When the Republican national convention convened in Kansas City in 1976, the party's pro-choice majority did not expect a significant challenge to their views on abortion. Public opinion polls showed that Republican voters were, on average, more pro-choice than their Democratic counterparts, a view that the convention delegates shared; fewer than 40 percent of the delegates considered themselves pro-life. The chair of the Republican National Committee, Mary Louise Smith, supported abortion rights, as did First Lady Betty Ford, who declared Roe v. Wade a 'great, great decision.' Likewise, Vice President Nelson Rockefeller, who had taken a leading role in the fight for abortion rights in New York in the late 1960s and early 1970s, was solidly pro-choice. Even some of the party's conservatives, such as Senator Barry Goldwater, supported abortion rights. But in spite of the Republican Party's pro-choice leadership, the GOP adopted a platform in 1976 that promised an antiabortion constitutional amendment. The party's leadership viewed the measure as a temporary political ploy that would increase the GOP's appeal among traditionally Democratic Catholics, but the platform statement instead became a rallying cry for social conservatives who used the plank to build a religiously based coalition in the GOP and drive out many of the pro-choice Republicans who had initially adopted the platform. By 2009, only 26 percent of Republicans were pro-choice.
  333. ^ "The New York Times/CBS News Poll 2004 Democratic National Delegate Survey (Q29)" (PDF). The New York Times. July 25, 2004. Retrieved July 28, 2022.
  334. ^ National Platform of the Libertarian Party, 1.4 Abortion, adopted in Convention, May 2012.
  335. ^ a b "What is the Mexico City Policy?". CBS News. January 23, 2017. Retrieved June 27, 2022.
  336. ^ Obama, Barack (January 23, 2009). "Statement of President Barack Obama on Rescinding the Mexico City Policy". The White House. Retrieved June 27, 2022.
  337. ^ "Memorandum on Protecting Women's Health at Home and Abroad". The White House. January 28, 2021. Retrieved January 31, 2021.
  338. ^ a b Coble, Yank D. (1992). "Induced Termination of Pregnancy Before and After Roe v Wade: Trends in the Mortality and Morbidity of Women". JAMA: The Journal of the American Medical Association. 268 (22): 3231. doi:10.1001/jama.1992.03490220075032.
  339. ^ Strauss, Lilo T.; Herndon, Joy; Chang, Jeani; Parker, Wilda Y.; Bowens, Sonya V.; Zane, Suzanne B.; Berg, Cynthia J.; Berg, CJ (2004). "Abortion surveillance – United States, 2001". Morbidity and Mortality Weekly Report. 53 (9): 1–32. PMID 15562258.
  340. ^ Levine, Phillip B. (July 1, 2005). "Is there any substance to the 'Roe effect'?". Society. 42 (5): 15–17. doi:10.1007/BF02687477. ISSN 1936-4725. S2CID 144398481.
  341. ^ Di Tella, Rafael; Edwards, Sebastian; Schargrodsky, Ernesto (2010). The Economics of Crime: Lessons for and from Latin America. Chicago: University of Chicago Press. p. 286. ISBN 978-0-226-15376-6. OCLC 671812020. While the data from some countries are consistent with the DL hypothesis (e.g. Canada, France, Italy), several countries' data show the opposite correlation (e.g. Denmark, Finland, Hungary, Poland). In other cases crime was falling before legalization and does not decline any more quickly (twenty years) after legalization (e.g. Japan, Norway).
  342. ^ Roeder, Oliver K.; Eisen, Lauren-Brooke; Bowling, Julia; Stiglitz, Joseph E.; Chettiar, Inimai M. (2015). "What Caused the Crime Decline?". SSRN Electronic Journal. doi:10.2139/ssrn.2566965. ISSN 1556-5068. S2CID 155454092. Based on an analysis of the past findings, it is possible that some portion of the decline in 1990s could be attributed to the legalization of abortion. However, there is also robust research criticizing this theory.
  343. ^ Krohn, Marvin D.; Hendrix, Nicole; Lizotte, Alan J; Hall, Gina Penly (2019). Handbook on Crime and Deviance (2nd ed.). Cham, Switzerland. ISBN 978-3-030-20779-3. OCLC 1117640387.{{cite book}}: CS1 maint: location missing publisher (link)
  344. ^ Sherman, Mark (May 17, 2021). "Supreme Court to take up major abortion rights challenge". AP News. Associated Press. Retrieved May 11, 2022.
  345. ^ De Vogue, Ariane; Kelly, Caroline (May 17, 2021). "Supreme Court takes up major abortion case next term that could limit Roe v. Wade". CNN. Retrieved May 11, 2022.
  346. ^ "Mississippi 'Personhood' Amendment Vote Fails". The Huffington Post. November 8, 2011.
  347. ^ Phillips, Rich (July 11, 2012). "Judge lets Mississippi's only abortion clinic stay open – for now". CNN. Retrieved May 10, 2022.
  348. ^ a b Lewis, Tanya (May 3, 2022). "Overturning Roe v. Wade Could Have Devastating Health and Financial Impacts, Landmark Study Showed". Scientific American. Retrieved May 7, 2022.
  349. ^ a b Greene Foster, Diana (November 16, 2021). "Yes, science can weigh in on abortion law". Nature. 599 (7885): 349. Bibcode:2021Natur.599..349G. doi:10.1038/d41586-021-03434-1. PMID 34785804. S2CID 244280010.
  350. ^ "Science vs. myths about later abortion". Later Abortion Initiative. Ibis Reproductive Health. October 9, 2017. Retrieved May 7, 2022. The Turnaway Study compared over 800 individuals who received a wanted abortion to those who were denied a wanted abortion because their pregnancy exceeded the gestational age limit of the abortion clinic. In the short-term, those who were denied a wanted abortion were more likely to experience negative emotions than those who received a wanted abortion. At one week, 95% of people who obtained an abortion felt that having the abortion was the right decision, and at three years, over 99% felt that having the abortion had been the right decision for them. At five years, the researchers found no differences between individuals who received and those who were denied wanted abortions with respect to depression, anxiety, self-esteem, life satisfaction, post-traumatic stress disorder, or post-traumatic stress symptoms. Further, no increase in the use of alcohol or drugs was found following abortion. However, those who were denied abortions did experience other negative consequences related to mental health, including remaining in relationships marked by intimate partner violence. These data support the already existing body of evidence concluding that abortion does not harm mental health. In fact, for those obtaining a desired abortion, the emotion experienced by the majority was relief.
  351. ^ a b "The Turnaway Study". ANSIRH. University of California, San Francisco. February 3, 2021. Retrieved May 7, 2022.
  352. ^ "Abortion Rights Are Good Health and Good Science". Scientific American. May 5, 2022. Retrieved May 7, 2022.
  353. ^ "Health and Economic Consequences of the End of Roe". ANSIRH. University of California, San Francisco. May 3, 2022. Retrieved May 7, 2022.
  354. ^ Myers, Caitlin; Jones, Rachel; Upadhyay, Ushma (July 31, 2019). "Predicted changes in abortion access and incidence in a post-Roe world". Contraception. 100 (5): 367–373. doi:10.1016/j.contraception.2019.07.139. ISSN 0010-7824. PMID 31376381.
  355. ^ "Roe v. Wade: US Supreme Court may overturn abortion rights, leak suggests". BBC. May 3, 2022. Retrieved May 10, 2022.
  356. ^ Priussman, Todd (May 3, 2022). "Chief Justice John Roberts confirms draft of ruling to overturn Roe". Boston Herald. Retrieved May 10, 2022.
  357. ^ Thomson-Deveaux, Amelia (June 24, 2022). "The Supreme Court's Argument For Overturning Roe v. Wade". FiveThirtyEight. Retrieved June 30, 2022.
  358. ^ Thomson-Deveaux, Amelia (June 24, 2022). "Roe v. Wade Defined An Era. The Supreme Court Just Started A New One". FiveThirtyEight. Retrieved June 30, 2022.
  359. ^ Maxmen, Amy (October 26, 2021). "Why hundreds of scientists are weighing in on a high-stakes US abortion case". Nature. 599 (7884): 187–189. Bibcode:2021Natur.599..187M. doi:10.1038/d41586-021-02834-7. PMID 34703018. S2CID 240000294.
  360. ^ "AHA Signs Amicus Curiae Brief in Dobbs v. Jackson Women's Health Organization (September 2021)". American Historical Association. September 2021. Retrieved July 27, 2022.
  361. ^ "Amicus Curiae Brief and AHA-OAH Statement on Dobbs Decision Featured in News Outlets (July 2022)". American Historical Association. July 2022. Retrieved July 27, 2022.
  362. ^ Root, Damon (June 23, 2022). "Alito's Leaked Abortion Opinion Misunderstands Unenumerated Rights". Reason. Retrieved July 27, 2022.
  363. ^ "Maxwell Faculty Experts Discuss Future Implications and Historical Context of Dobbs v. Jackson Ruling". Syracuse University News. July 13, 2022. Retrieved July 27, 2022.
  364. ^ Haycox, Steven (July 15, 2022). "What we lose when we ignore historical context". Anchorage Daily News. Retrieved July 27, 2022.
  365. ^ Jashcik, Scott (July 12, 2022). "History Groups Issue Statement Criticizing Abortion Ruling". Inside Higher Ed. Retrieved July 27, 2022.
  366. ^ "History Organizations Lambaste Supreme Court Over Dobbs Decision". Insight Into Diversity. July 12, 2022. Retrieved July 27, 2022.
  367. ^ "Break Glass in Case of Emergency". Crooked Media. July 11, 2022. Retrieved July 27, 2022.
  368. ^ "History, the Supreme Court, and Dobbs v. Jackson: Joint Statement from the AHA and the OAH (July 2022)". American Historical Association. July 2022. Retrieved July 27, 2022.
  369. ^ Wyldes (May 2007). "Termination of pregnancy for fetal anomaly: a population-based study 1995 to 2004". BJOG: An International Journal of Obstetrics & Gynaecology. 114 (5): 639–642. doi:10.1111/j.1471-0528.2007.01279.x. PMID 17355269. S2CID 9966493.
  370. ^ Hollander, D. (May 2004). "For Second-Trimester Abortion, Women Given Misoprostol Vaginally Report the Greatest Satisfaction". Perspectives on Sexual and Reproductive Health. 36 (3): 133. doi:10.1111/j.1931-2393.2004.tb00203.x. Retrieved October 26, 2015. ... Additionally, a significantly higher proportion of women in the vaginal misoprostol group, and a marginally higher proportion of those in the oral misoprostol group, than of those in the intra-amniotic prostaglandin group had a live birth (20%, 15% and 5%, respectively) ... .
  371. ^ Termination of Pregnancy for Fetal Abnormality (PDF) (Report). Royal College of Obstetricians and Gynaecologists. May 2010. p. 30. Retrieved October 26, 2015. Live birth following medical termination of pregnancy before 21+6 weeks of gestation is very uncommon. Nevertheless, women and their partners should be counselled about this unlikely possibility and staff should be trained to deal with this eventuality. Instances of recorded live birth and survival increase as gestation at birth extends from 22 weeks. In accordance with prior RCOG guidance, feticide should be routinely offered from 21+6 weeks of gestation. Where the fetal abnormality is not compatible with survival, termination of pregnancy without prior feticide may be preferred by some women. In such cases, delivery management should be discussed and planned with the parents and all health professionals involved and a written care plan agreed before termination takes place. Where the fetal abnormality is not lethal and termination of pregnancy is being undertaken after 22 weeks of gestation, failure to perform feticide could result in live birth and survival, an outcome that contradicts the intention of the abortion. In such situations, the child should receive the neonatal support and intensive care that is in the child's best interest and its condition managed within published guidance for neonatal practice.
  372. ^ Jeffries, Liz (August 2, 1981). "Abortion" (PDF). The Philadelphia Inquirer. Archived (PDF) from the original on December 23, 2015. Retrieved October 26, 2015.
  373. ^ Nelson, Miranda (January 31, 2013). "Three Conservative MPs beg RCMP to examine late-term abortions as homicides". Straight.com. Retrieved May 11, 2022. For the letter, see Vellacott, Maurice (January 23, 2013). "Letter to RCMP Commissioner Rob Paulson" (PDF). Straight.com. Archived from the original (Letter) on May 2, 2013. Retrieved October 26, 2015.
  374. ^ Hopper, Tristin (February 1, 2013). "Birth of a legal quandry: Live-birth abortions a perilous grey zone in Canada's criminal code". National Post. Retrieved October 26, 2015.[dead link]
  375. ^ Stroh, G. (September 1, 1976). "Reported live births following induced abortion: two and one-half years' experience in Upstate New York". American Journal of Obstetrics and Gynecology. 126 (1): 83–90. doi:10.1016/0002-9378(76)90469-5. PMID 961751.
  376. ^ "House Report 107-186 – Born-Alive Infants Protection Act of 2001". U.S. Government Publishing Office. 2001. Retrieved January 25, 2017.
  377. ^ Pear, Robert (April 23, 2005). "New Attention for 2002 Law on Survivors of Abortion". The New York Times. Retrieved October 26, 2015.
  378. ^ Jansen, Robert (1990). "Unfinished Feticide". Journal of Medical Ethics. 16 (2): 61–65. doi:10.1136/jme.16.2.61. PMC 1375929. PMID 2195170.
  379. ^ Diedrich, J.; Drey, E. (January 2010). "Clinical Guidelines: Induction of fetal demise before abortion" (PDF). Contraception. 81 (6): 462–473. doi:10.1016/j.contraception.2010.01.018. PMID 20472112. S2CID 12555553. Retrieved October 26, 2015.
  380. ^ Sfakianaki, Anna K. (February 1, 2014). "Potassium Chloride-Induced Fetal Demise: A Retrospective Cohort Study of Efficacy and Safety". Journal of Ultrasound in Medicine. 33 (2): 337–341. doi:10.7863/ultra.33.2.337. PMID 24449738. S2CID 6060208. Archived from the original on October 28, 2015. Retrieved October 26, 2015.

Further reading

External links