Abortion Law Overturned: What Does This Mean For America?

Abortion laws in the United States have been a topic of much debate and controversy. In June 2022, the Supreme Court overturned Roe v. Wade, a 1973 ruling that had legalised abortion nationwide. The decision in Dobbs v. Jackson Women's Health Organization ended the federal constitutional right to abortion, allowing individual states to regulate the procedure.

Since the overturning of Roe v. Wade, several states have imposed near-total bans on abortion, with limited exceptions. However, some states have taken steps to protect abortion rights, either through state constitutions or by passing laws safeguarding access. The issue of abortion continues to be a divisive one in American politics and society, with strong opinions on both sides of the debate.

The Supreme Court's ruling on Roe v. Wade

In 1973, the U.S. Supreme Court's ruling in Roe v. Wade recognised that the decision to continue or end a pregnancy belongs to the individual, not the government. The ruling held that the specific guarantee of "liberty" in the Fourteenth Amendment of the U.S. Constitution, which protects individual privacy, includes the right to abortion prior to fetal viability.

The Supreme Court required the state to justify any interference with the right to access abortion by showing that it had a "compelling interest", and held that no interest was compelling enough to ban abortion before viability. After the point of viability, the state could ban abortion or take other steps to promote its interest in protecting the fetus. However, even after this point, abortion had to be permitted to protect a patient's life and health.

In reaching this decision, the Court ruled that a Texas statute forbidding abortion except when necessary to save the life of the mother was unconstitutional. The Court concluded that the issue of abortion and abortion rights falls under the right of privacy in the United States, in the sense of the right of a person not to be encroached upon by the state.

The Court did not recognise a right to abortion in all cases, stating that:

> "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."

The Roe decision made state abortion bans unconstitutional and abortion care legal, more accessible, and safer throughout the country. However, low-income people, people of colour, young people, and others continued to face obstacles to abortion care.

In June 2022, the U.S. Supreme Court overturned Roe v. Wade, ruling that there is no federal constitutional right to abortion. The ruling in Dobbs v. Jackson Women's Health Organization abandoned nearly 50 years of precedent and marked the first time in history that the Supreme Court has taken away a fundamental right. Since the ruling, more than a dozen states have banned abortion outright, forcing people to travel long distances to access abortion care or carry pregnancies against their will, a grave violation of their human rights.

The Hyde Amendment

The amendment has had a significant impact on access to abortion services, particularly for low-income women and women of colour, who are more likely to rely on Medicaid for health coverage. It has also led to a decrease in the number of abortion providers, as many clinics that received federal funds were no longer able to offer abortion services.

There have been several attempts to codify the Hyde Amendment into permanent law, and it continues to be a highly polarising issue in US politics.

State-specific abortion laws

States with Total Abortion Bans

Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and West Virginia.

States with Gestational Duration Bans

• Eight states ban abortion at or before 18 weeks: Kansas, Michigan, Ohio, Oklahoma, Utah, Virginia, Wisconsin, and Wyoming.
• Twenty states ban abortion at some point after 18 weeks: Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington.

States with No Gestational Limit

The District of Columbia, Guam, Northern Mariana Islands, and Puerto Rico.

Public opinion on abortion

According to a 2024 survey, 63% of US adults say abortion should be legal in all or most cases, while 36% say it should be illegal in all or most cases. A similar Gallup poll from 2023 found that 54% of Americans identified as "pro-choice", while 41% identified as "pro-life".

A breakdown of these views by religious affiliation shows that 86% of religiously unaffiliated Americans say abortion should be legal in all or most cases, compared to 73% of White evangelical Protestants who think it should be illegal in all or most cases.

Political affiliation is also a factor, with 85% of Democrats and Democratic leaners saying abortion should be legal in all or most cases, compared to 57% of Republicans and Republican leaners who say it should be illegal.

The abortion debate has also been influenced by Supreme Court decisions, particularly the overturning of Roe v. Wade in 2022, which returned discretion over the legality of abortion to the states. A majority of Americans (60%) say that overturning Roe v. Wade was a "bad thing", while 36% call it a "good thing".

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. The abortion debate has become deeply politicized, with the Republican Party often seen as anti-abortion and the Democratic Party generally defending access to abortion.

The impact of overturning Roe v. Wade

The overturning of Roe v. Wade has had a significant impact on abortion laws and access in the United States. Here are some key effects of this decision:

• Decentralization of Abortion Laws: The reversal of Roe v. Wade has resulted in the decentralization of abortion laws, with each state now able to independently decide the legality of abortion. This has led to a patchwork of varying abortion laws across the country, with some states banning abortion entirely, while others protect it.
• Increased Legal Restrictions: Many states have introduced or enacted multiple abortion bans, with 13 states having trigger laws that automatically took effect when Roe v. Wade was overturned. These restrictions have made it more difficult for women to access safe and legal abortions, particularly in conservative Southern states.
• Impact on Women's Health: The loss of constitutional protection for abortion has particularly affected the health and well-being of midlife women, who may face unintended pregnancies and lack access to the full array of reproductive health services. This includes issues such as contraceptive needs, miscarriage management, and pregnancy complications.
• Disproportionate Impact on Marginalized Communities: The overturning of Roe v. Wade has disproportionately impacted marginalized communities, especially Black, Brown, and poor women. They often face greater barriers to accessing healthcare and abortion services due to financial constraints, limited transportation options, and systemic racism within the healthcare system.
• Criminalization of Pregnancy-Related Conduct: There has been an increase in pregnancy-related prosecutions across the country, with people facing criminal consequences for substance use during pregnancy and self-managed abortions. This has led to a climate of fear and surveillance, with potential negative impacts on women's health and well-being.
• Political and Social Repercussions: The reversal of Roe v. Wade has had significant political and social repercussions, with abortion emerging as a key issue for voters in elections. It has also sparked debates about women's bodily autonomy, reproductive justice, and the role of government in regulating reproductive health.

Frequently asked questions