Anaya Nolan
The issue of abortion laws in the United States has been a highly contested topic for decades, with the Supreme Court's recent overturning of Roe v. Wade in June 2022 marking a significant shift in the legal landscape. This decision eliminated the federal constitutional right to abortion, giving states the power to restrict or prohibit abortion altogether. The impact of this ruling has been far-reaching, with 18 states banning or severely restricting abortion in the following months, and the issue of full-term abortion remains at the forefront of political and social discourse. With states now having the autonomy to implement their own abortion policies, the country has witnessed a division into abortion deserts and abortion havens, where access to abortion care varies drastically. As a result, millions of people are forced to travel to receive legal abortions, and for many, abortion has become even more inaccessible. This paragraph introduces the topic of the recent overturning of Roe v. Wade and its implications for full-term abortion laws and access in the United States.
| Characteristics | Values |
|---|---|
| Year of overturning Roe v. Wade | 2022 |
| Date of overturning Roe v. Wade | June 24, 2022 |
| Case name | Dobbs v. Jackson Women's Health Organization |
| Number of states banning or severely restricting abortion | 18 |
| Number of states working to pass bans | 12 |
| Number of weeks up to which abortion is legal in the U.S. Virgin Islands | 24 |
| Number of weeks up to which abortion is de facto legal in Utah | 18 |
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What You'll Learn
The impact of overturning Roe v. Wade
On June 24, 2022, the United States Supreme Court overturned Roe v. Wade, ending nearly 50 years of federal protection of abortion rights in the US. The landmark 1973 case federally protected abortion rights, and its overturning has had a significant impact on various aspects of society.
One of the most prominent consequences is the impact on women's reproductive health and well-being, particularly for midlife women, poor women, and women of color. The loss of Roe v. Wade limits access to the full array of reproductive health care, including abortion services. This disproportionately affects marginalized communities, including Black and Brown communities, people with low incomes, young people, and people with disabilities. Evidence shows that abortion restrictions lead to unequal access to reproductive health services, with nearly half of abortion patients having incomes below the poverty line.
The overturning of Roe v. Wade has also had economic implications. Women's participation in the workforce is essential to the economy, and access to abortion care impacts their ability to take care of themselves and their children. Approximately 60% of women in the US who have abortions are already mothers, and one-third of women seeking abortions do so to care for their existing children. Caitlin Myers, a professor of economics at Middlebury College, highlights the economic challenges for working mothers in the US and the impact of restricted abortion access on their ability to balance parenthood and work.
The decision to overturn Roe v. Wade has also sparked concerns about the potential erosion of federal protection for the right to use contraception. Justice Clarence Thomas's concurrence in Dobbs v. Jackson Women's Health Organization called into question the legal theories that underpin not only Roe v. Wade but also the legalization of contraception. This has raised fears that states will enforce bans on specific contraceptive methods, including IUDs, oral contraceptives, and emergency contraception.
Additionally, the overturning of Roe v. Wade has had a significant impact on the legal landscape regarding abortion. Individual states now have the power to independently decide the legal parameters and restrictions on abortion care, with 26 US states having multiple bans ready to enact. This has resulted in a patchwork of varying abortion laws across the country, with some states imposing gestational limits as early as six weeks, which is before many people know they are pregnant.
The broader impact of these restrictions on communities has also been noted, with some doctors choosing to leave their communities due to the moral distress of practicing in a system that does not align with their values. The overturning of Roe v. Wade has also had repercussions beyond US borders, with implications for humanitarian and emergency settings globally.
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State abortion laws
State Laws Prior to Roe v. Wade
Many states had trigger laws in place prior to the Roe ruling, which would ban abortion should Roe be overturned. Some states never repealed their pre-Roe abortion bans, and now have the power to revive these.
Current State Laws
Currently, abortion is illegal in 12 states, with almost half of states likely to enact new laws restricting abortion access or enforcing current laws prohibiting abortion. States are divided into abortion 'deserts' and 'havens', with care available in some states and illegal in others.
State Law Categories
States can be categorized into five groups based on their abortion laws, constitutions, and court decisions:
- Expanded Access
- Protected
- Not Protected
- Hostile
- Illegal
State Law Examples
- In Kansas, the state Supreme Court ruled that the right to abortion is inherent within the state's constitution and bill of rights, meaning that even if Roe v. Wade was overturned, the right would still be allowed within the state.
- In Kentucky, abortion is illegal except when necessary to prevent the patient from dying, or to prevent the permanent impairment of a "life-sustaining organ". There are no exceptions for rape, incest, or fatal fetal abnormalities.
- In North Dakota, abortion is legal until fetal viability, but there are no current providers in the state.
- In Texas, local governments have made it illegal to transport someone for the purpose of seeking an abortion.
- In the U.S. Virgin Islands, abortion is legal up to 24 weeks of pregnancy.
- In Utah, abortion is de facto legal up to 18 weeks of pregnancy.
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The right to privacy
The Roe v. Wade decision was based on the right to privacy, which is implied in the 14th Amendment, protecting abortion as a fundamental right. The Supreme Court held that the right to personal privacy is broad enough to encompass a woman's decision to terminate her pregnancy. This right to privacy was also recognised in the Due Process Clause of the 14th Amendment, which states that a person may choose to have an abortion until a fetus becomes viable, which is usually between 24 and 28 weeks after conception.
The Roe v. Wade decision also had implications for gender equality, as it guaranteed the right to make decisions during pregnancy, advancing gender equality in educational, economic, and political spheres. It was also consistent with earlier Supreme Court rulings, which recognised a right to privacy that protects intimate and personal decisions, including those affecting child-rearing, marriage, procreation, and the use of contraception, from governmental interference.
However, despite the recognition of the right to privacy in the Roe v. Wade case, the government retained the power to regulate or restrict abortion access, particularly after fetal viability. This led to ongoing debates and legal challenges regarding abortion access, with states, healthcare providers, and citizens fighting over the limits the government could place on abortion access, especially during the second and third trimesters.
The Roe v. Wade decision was controversial and was consistently challenged and opposed by many. In 2022, the Supreme Court overturned the Roe v. Wade decision in the Dobbs v. Jackson Women's Health Organization case, ending the federal constitutional right to abortion in the United States. This decision was based on the argument that the right to privacy is not specifically guaranteed in the Constitution. As a result, many states have since banned or severely restricted abortion, particularly impacting communities of colour, where systemic racism has long blocked access to healthcare.
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The impact on marginalised groups
The Supreme Court's decision to overturn Roe v. Wade in June 2022 has had a significant impact on marginalised groups in the United States. The ruling in Dobbs v. Jackson Women's Health Organization eliminated the federal constitutional right to abortion, leaving the regulation of abortion to individual states. This decision has disproportionately affected marginalised populations, including people of colour, people with disabilities, immigrants, and those living in poverty.
People of colour, particularly Black, Indigenous, and Latino communities, have been disproportionately impacted by the overturning of Roe v. Wade. These communities are more likely to face systemic racism and poverty, and the lack of access to safe and legal abortions only compounds these disadvantages. In some cases, carrying a pregnancy to term can endanger the pregnant person's life, disrupt their educational and career plans, and further entrench them in poverty. The maternal mortality rate for Black women is 2.9 times higher than for white women, and restrictions on abortion access are expected to lead to an increase in pregnancy-related deaths among Black people.
Additionally, those living in rural areas may face even greater challenges in accessing abortion services due to geographic isolation and limited resources. For many, the cost of travelling to another state where abortions are still legal is simply prohibitive. This is especially true for low-income individuals and families, who may already be struggling financially. The lack of access to safe and legal abortions can push these individuals further into poverty and compound existing inequalities.
Furthermore, the decision to overturn Roe v. Wade has impacted other marginalised groups, including people with disabilities and immigrants. These individuals may face additional barriers to accessing healthcare and navigating the legal system, further limiting their reproductive rights and autonomy. The restrictions on abortion access also expose healthcare practitioners, clergy, and others to criminalisation, professional sanctions, and infringements on their privacy and freedom of conscience.
The overturning of Roe v. Wade has had far-reaching consequences for marginalised groups in the United States, exacerbating existing inequalities and limiting their reproductive rights, health, and economic security.
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The role of politicians in outlawing abortion
Outlawing abortion in the United States has been a cause among politicians since the late 1800s. In 1910, abortion was made illegal in all states, pushing providers and patients underground. While outlawing abortion did not eliminate the practice, it did make it a risky and humiliating process, subjecting people to surveillance, arrest, investigation, prosecution, and other criminal penalties.
In the late 1970s, fundamentalist Christians became outraged by Supreme Court decisions legalizing abortion. This outrage was mobilized by televangelists like Jerry Falwell, who used scare tactics to promote his Moral Majority. The new right also tried to appeal to the nation's Roman Catholics through the right-to-life movement. Despite polls showing that most Reagan voters opposed banning abortion, Republican policies from 1980 to 1992 were crafted to please these new Republicans, including denying funding to important international family planning agencies.
In 1973, the Supreme Court's Roe v. Wade decision established the legal right to abortion in the United States. However, this decision was flawed as it did not protect people's access to abortion, and many states passed laws that made getting an abortion nearly impossible. For years, anti-abortion rights politicians worked to appoint judges and justices hostile to abortion rights and manipulate nomination rules. As a result, by 2022, the Supreme Court was dominated by justices who opposed abortion rights.
On June 24, 2022, the Supreme Court ruled in Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade and ending the federal constitutional right to abortion. This decision was made possible by anti-abortion politicians in the Senate and White House who, between 2016 and 2020, installed three new Supreme Court justices with records of hostility towards reproductive health and rights: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Overturning Roe v. Wade was unpopular, with 85% of Americans believing that abortion should be legal, and it proved to be politically toxic for anti-abortion politicians.
In the year following the overturning of Roe v. Wade, nearly 1,600 state legislators passed a chaotic patchwork of abortion restrictions, with abortion prohibited in 14 states and restricted in six more. These legislators were mostly male, and their actions left large parts of the midwest and south without access to basic reproductive care. The role of voter suppression in entrenching anti-abortion politicians in power cannot be ignored, as reproductive justice groups have long understood.
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Frequently asked questions
Roe v. Wade is a 1973 Supreme Court decision that protected the federal constitutional right to abortion. The ruling stated that the "liberty" protected by the Due Process Clause of the Fourteenth Amendment includes the right of a woman to decide whether or not to terminate her pregnancy.
Dobbs v. Jackson Women's Health Organization is a 2022 Supreme Court ruling that overturned Roe v. Wade. This decision eliminated the federal constitutional right to abortion and gave states the power to restrict or prohibit abortion.
The implications of overturning Roe v. Wade are significant. It has resulted in a divide between "abortion desert" states, where abortion is illegal and inaccessible, and "abortion haven" states, where abortion care is still available. This has created barriers to access, particularly for people in marginalized communities, including people of color, low-income individuals, and young people.
The new law, referring to the Dobbs v. Jackson Women's Health Organization ruling, can be challenged and potentially overturned. However, as of the last update on April 17, 2025, the law still stands, and states have the authority to impose regulations on abortion within their jurisdictions.
