Women Who Shaped Abortion Laws: Their Stories

Abortion laws in the United States vary from state to state, with some states prohibiting abortion at all stages of pregnancy, while others permit it up to a certain point. In the wake of the Supreme Court's decision to overturn Roe v. Wade in June 2022, states have been given the power to impose any regulation on abortion, provided it does not conflict with federal law. This has resulted in a patchwork of abortion laws across the country, with some states banning abortion entirely, while others have moved to protect access to abortion. As of 2024, Alaska, California, Illinois, Kansas, Michigan, Minnesota, North Dakota, Ohio, and Vermont have a right to abortion in their state constitutions, while other states such as Colorado and Massachusetts protect abortion under state law. The abortion debate remains a divisive issue in American politics and culture, with advocates on both sides passionately defending their positions.

The legality of abortion in the US varies from state to state

Currently, 14 states have made abortion illegal. These include Alabama, Arkansas, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Dakota, Tennessee, Texas, and West Virginia. However, even in these states, there are some exceptions, such as when the pregnant person's life is in danger or in cases of rape or incest.

On the other hand, some states have taken proactive measures to protect abortion rights. Abortion is legal at all stages of pregnancy in Alaska, California, Colorado, District of Columbia, Maine, Maryland, New Jersey, New Mexico, Oregon, Vermont, Virginia, and Washington. These states have also removed barriers to access, such as parental consent requirements and waiting periods.

Many other states fall somewhere in between, with varying restrictions on abortion access. For example, Arizona has banned abortion after 15 weeks of pregnancy, while Florida has banned it after six weeks with some exceptions. In Utah, abortion is legal up to 18 weeks, and in Montana, it is legal up to the point of fetal viability, pending litigation.

The legal landscape of abortion in the US is constantly evolving, with ongoing court challenges and new legislation being introduced. As a result, abortion rights and access can vary significantly depending on where a person lives.

In 2024, 25 million women of childbearing age lived in states with abortion bans

The number of women affected by abortion bans varies depending on how "abortion bans" are defined and the specific laws in each state. For example, some states prohibit abortion at all stages of pregnancy, with few exceptions, while others permit it up to a certain point or throughout a woman's pregnancy. As of June 2023, more than 25 million women of childbearing age lived in states where the law made abortions harder to get than before the ruling. About 5.5 million more women lived in states where restrictions had been adopted but were on hold pending court challenges.

The impact of abortion bans on the number of abortions provided across the US is not entirely clear due to reporting lags and data gaps. However, the #WeCount survey of abortion providers found that the number of abortions provided through clinics, hospitals, and other providers in states with bans plummeted to nearly zero. While there has been a general decline in the number of abortions in the US since the 1990s, the number of abortions increased by 11% between 2020 and 2023, the highest number and rate measured in over a decade. This increase is attributed to the drastic loss of access in states with bans, counterbalanced by the efforts of clinics, abortion funds, and logistical support organizations in states without bans.

The political landscape around abortion has been significantly reshaped by the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and Planned Parenthood v. Casey. This ruling removed the federal protection of abortion rights and allowed states to impose any regulation on abortion as long as it satisfies rational basis review and does not conflict with federal law. As a result, there is now a fragmented abortion landscape in the US, with access varying widely depending on where people live and their resources.

In 2023, 23 million women of childbearing age lived in states with abortion bans or more restrictions than before Roe v. Wade

The impact of this decision is felt across the country, with 25 states enacting laws to ban or restrict abortion access. Most Republican-led states have restricted abortion, with 14 banning it in most cases at any point in pregnancy. In contrast, 20 Democratic-leaning states have protected access to abortion. As a result, women in many states now face greater challenges in accessing abortion services, with laws making abortions harder to obtain than before the ruling.

The restrictions vary across states, with some prohibiting abortion at all stages of pregnancy, while others permitting it up to a certain point. Some states have parental consent or notification laws, mandatory waiting periods, or counseling requirements. These laws present significant obstacles for women seeking abortions, particularly those from marginalized communities.

The consequences of these abortion bans and restrictions are far-reaching. Women are forced to travel out of state to access legal abortions, incurring financial costs and emotional distress. The lack of access to safe and timely abortions poses risks to women's physical and mental well-being and violates their human rights.

The debate around abortion continues to be a divisive issue in the United States, with strong opinions on both sides. While some celebrate the Supreme Court's decision as a victory for life, others advocate for the protection of abortion rights and women's reproductive autonomy. The political landscape has been reshaped, with abortion remaining a dominant political issue.

In 2022, 22 million women of childbearing age lived in states where abortion was unavailable or severely restricted

The legality of abortion in the United States varies significantly depending on the laws of each state or jurisdiction, as there is no uniform federal law. While some states prohibit abortion entirely, others permit it up to a certain point in a woman's pregnancy, and some allow abortion throughout. In states where abortion is legal, several classes of restrictions may exist, such as parental consent or notification laws, mandatory waiting periods, and counselling requirements.

The Supreme Court's Dobbs v. Jackson Women's Health Organization ruling in 2022 overturned Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), removing federal protections for a pregnant woman's right to abortion. This decision gave states the power to impose any regulation on abortion, provided it satisfies rational basis review and does not conflict with federal law. As a result, many states have enacted or are in the process of enacting stricter abortion laws.

The impact of these changing laws is evident in the stories of women like Nancy Davis, whose doctors advised her to terminate her pregnancy due to a fatal fetal abnormality. However, due to a new law in Louisiana banning abortion throughout pregnancy in most cases, Davis was unable to obtain an abortion in her home state. She ultimately travelled out of state to New York to terminate her pregnancy.

The shifting legal landscape has also led to an increase in women travelling to states with legal access to abortion. For example, a clinic in Carbondale, Illinois, which is positioned as an oasis for abortion access, has seen an influx of patients from nearby states with more restrictive laws, such as Tennessee, Mississippi, Arkansas, and Texas. Similarly, Kansas has become one of the closest places to obtain abortions for people in parts of Missouri, Arkansas, Oklahoma, and Texas, and its clinics have been overwhelmed by the demand.

The number of abortions in the United States is difficult to determine due to reporting lags and gaps in data. However, the #WeCount survey, which collects monthly data on abortion trends, found that the number of abortions provided through clinics, hospitals, and other providers in states with bans plummeted to nearly zero. The federal Centers for Disease Control and Prevention data for 2022 is not expected to be released until late 2024, and even then, the picture will not be entirely clear as not every state collects abortion data.

The debate around abortion remains a dominant political issue, with Republicans weighing how to balance the interests of their base, who favour stricter bans, with the desires of the broader electorate, who largely support access to abortion in at least some circumstances. In the 2022 elections, voters sided with abortion-rights advocates in all six states with abortion-related ballot measures.

In 2022, 1 in 3 women of reproductive age lived in a state with an abortion ban

The statistic was quoted by Vice President Kamala Harris during a national tour to promote the Biden administration's commitment to abortion rights. Harris' claim was supported by a White House fact sheet, which stated that "more than 23 million women of reproductive age — one in three — live in one of the 18 states with an abortion ban currently in effect."

The figure includes 14 states where women cannot get abortions at any point in their pregnancy, with limited exceptions. Two other states, Georgia and South Carolina, ban abortions after six weeks, which is before most women know they are pregnant and have had a chance to see a doctor. Nebraska and North Carolina outlaw abortion after 12 weeks, which is often the earliest point at which women can find out the fetus's sex and if it carries certain chromosomal abnormalities.

The Guttmacher Institute, a research group that supports abortion rights, found in October 2022 that almost 22 million women aged 15 to 49 lived in states where abortion was "unavailable or severely restricted," which amounted to about 29% of the total US population of women in that age range.

The impact of abortion bans is complex and far-reaching. Women have had to travel out of state to access legal abortions, and the laws have also made physicians more hesitant to provide abortions, even in states where it is legal.

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