The Law And Late-Term Abortions: What's Allowed?

Abortion laws vary across the world and are subject to change. In the US, the Supreme Court's ruling to overturn Roe v. Wade in 2022 gave individual states the power to regulate abortion laws. While abortion is not banned nationwide, nearly two dozen states have restricted or banned the procedure. Gestational limits vary across states, with some banning abortions from as early as six weeks, while others have no term restrictions. Virginia is the only state that prohibits abortions in the third trimester, which starts at 25 weeks. Late-term abortions are typically understood to refer to abortions obtained at or after 21 weeks, though this is not an accepted medical term. Abortions at this stage are rare and often difficult to obtain, with only a handful of providers offering the service.

Third-trimester abortions are rare but do happen

There are several reasons why abortions happen later in a pregnancy. These include medical concerns, such as fetal anomalies or maternal life endangerment, as well as barriers to care that cause delays in obtaining an abortion. For instance, people may not suspect they are pregnant until later in the pregnancy, or they may face difficulties in accessing information about where to get an abortion, transportation issues, a lack of insurance coverage, and an inability to pay for the procedure.

The cost of a third-trimester abortion can range from a few thousand dollars to over $25,000, depending on how far along the pregnancy is and its clinical complexity. This makes it difficult for many people to afford. The procedure also normally requires treatment over multiple days and is only performed by a small subset of abortion providers.

In the US, 14 states ban abortion at or near "viability", the point at which a fetus can survive outside the womb, which is generally considered to be between 24 and 28 weeks after the last menstrual period. However, the specific definition of viability is not clearly defined and depends on various factors, including gestational age, fetal weight, sex, and available medical interventions.

As of 2024, nine states and the District of Columbia place no gestational limits on abortion: Alaska, Colorado, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Oregon, and Vermont.

Gestational limits vary across states

The laws surrounding abortion in the US have been in flux since the Supreme Court overturned Roe v. Wade in 2022. This ruling gave individual states the power to regulate abortion, including the implementation of gestational limits. As of 2024, there are varying laws across states that dictate how late in a pregnancy abortions are allowed.

Some states have chosen to ban abortions after the foetus is considered viable, which is generally between 24 and 28 weeks after the last menstrual period. However, the determination of viability can be left up to the abortion provider's judgment in some states. Virginia is the only state that prohibits abortions in the third trimester, which starts at around 25 weeks.

On the other hand, some states have chosen not to impose any term restrictions on abortions. As of 2024, nine states, plus the District of Columbia, currently place no gestational limits on abortion: Alaska, Colorado, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Oregon, and Vermont. These states have passed statutory or constitutional protections for abortion, with some states specifically allowing regulations once a foetus reaches a point of viability.

The variety of gestational limits across states has led to increased travel for abortion services, as individuals may need to travel to a different state to access abortion services that are banned in their home state. This has also resulted in delays in obtaining abortion care, pushing people further along in their pregnancies and potentially leading to an increased need for abortions later in the pregnancy.

The Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade

In 2022, the Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade, a landmark 1973 decision that established a constitutional right to obtain an abortion before fetal viability. The Dobbs case concerned the constitutionality of a 2018 Mississippi state law banning most abortion operations after the first 15 weeks of pregnancy. The Supreme Court held that the US Constitution does not confer a right to abortion and returned the power to regulate abortion to federal and state legislatures.

The Dobbs ruling has had far-reaching implications for abortion access and reproductive rights in the US. It effectively enabled states to impose restrictions on abortion and even ban it completely. Following the decision, several states immediately introduced abortion restrictions or revived dormant laws. As of 2024, abortion is greatly restricted in 17 states, mainly in the Southern US. The ruling has also led to profound cultural changes surrounding abortion in American society, with support for legalized abortion access rising significantly.

The Dobbs case centred on the question of whether the Constitution confers a right to abortion. The Supreme Court, in a 6-3 decision, held that abortion is neither a constitutional right mentioned in the Constitution nor a fundamental right implied by the concept of ordered liberty. The Court's majority opinion, written by Justice Samuel Alito, argued that abortion was not "deeply rooted in the Nation's history and traditions", pointing out that abortion was considered a crime in most states until the latter half of the 20th century.

The Court's decision in Dobbs v. Jackson Women's Health Organization has been highly controversial, with prominent opposition from American scientific and medical communities, labour unions, editorial boards, Democrats, and many religious organizations. Protests and counter-protests over the decision have occurred nationwide. The ruling has also sparked concerns about the potential impact on other rights not explicitly mentioned in the Constitution, such as contraceptive and same-sex marriage rights.

The Dobbs ruling has had a significant impact on abortion laws and access across the country. As of October 2024, 41 states have abortion bans in effect, with only limited exceptions. Fourteen states have a total abortion ban, while 28 states have abortion bans based on gestational duration. The gestational limits vary, with bans ranging from six weeks to 24 weeks or later. The landscape of abortion access continues to shift rapidly as state legislatures create new restrictions and enforce existing ones.

Abortion laws vary across states

In 2022, the Supreme Court overturned Roe v. Wade, eliminating the federal constitutional right to abortion. This decision gave individual states the power to regulate abortion or ban it completely before viability, which is generally considered to be between 24 to 28 weeks after a patient's last menstrual period. As a result, the landscape of abortion access has shifted rapidly, with many state legislatures creating new restrictions and bans.

Currently, 14 states have laws banning almost all abortions from the point of fertilization. Six states and Washington, D.C., on the other hand, impose no term restrictions on abortions. Other states vary in their gestational limits, with bans ranging from six weeks to 24 weeks. Most states with restrictions have exceptions, such as preserving the life or health of the pregnant person, but these are often narrowly defined.

The legality of third-trimester abortions has been a contentious issue. While they are rare, occurring in only about 1% of cases, they are not illegal in all states. Eight states, in addition to Washington, D.C., have no restrictions on third-trimester abortions. Clinics in these areas offer abortions up to 32 or even 35 weeks' gestation. However, the majority of Americans believe that third-trimester abortions should be restricted, with only 22% thinking they should be legal, according to a 2023 Gallup poll.

The variation in abortion laws across states has led to a tug-of-war between anti-abortion and pro-choice advocates, each fighting for their specific legalities and limits on the procedure. This has resulted in a dynamic and rapidly changing landscape of abortion laws in the US.

Abortion laws disproportionately impact marginalized groups

In the United States, abortion laws disproportionately impact marginalized groups, including people of colour, LGBTQ+ people, and low-income communities.

Healthcare Disparities

People of colour, particularly Black Americans, are more likely to live in Southern states with restrictive abortion laws. They are also more likely to face worse reproductive healthcare, less access to contraception, and higher rates of uninsured status. Restrictive abortion laws disproportionately impact their access to safe abortions, leading to higher maternal mortality rates. For example, Black women are three times more likely to die in childbirth than their white counterparts and face much higher rates of severe maternal complications.

Financial Barriers

Financial barriers to accessing abortion services disproportionately affect marginalized groups. Abortion procedures can be expensive, and often require travel and lost wages. People of colour and LGBTQ+ people are more likely to experience economic hardship, making it challenging for them to afford the costs associated with abortion. Additionally, transgender and non-binary individuals may face insurance issues related to their gender, further limiting their access to abortion services.

Legal and Political Barriers

Marginalized groups are also disproportionately impacted by the legal and political landscape surrounding abortion. For example, the Texas Heartbeat Act, which prohibits most abortions after the detection of a fetal heartbeat, has been criticized for its potential to disproportionately affect communities of colour and LGBTQ+ communities. The law has led to some Texans fleeing the state to terminate their pregnancies, creating additional financial and logistical burdens.

Systemic Inequalities

Abortion restrictions also compound existing systemic inequalities faced by marginalized groups. For instance, carrying a pregnancy to term can endanger the pregnant person's life, disrupt educational plans, and alter career trajectories. This can exacerbate disadvantages for marginalized communities, including people of colour, who already face higher rates of poverty and systemic racism.

Mental Health Consequences

The mental health impacts of abortion restrictions fall disproportionately on marginalized groups, particularly women of colour. Denial of bodily autonomy and access to safe abortions can lead to higher stress, anxiety, lower self-esteem, and lower life satisfaction for these individuals. Additionally, the stigma surrounding abortion in certain marginalized communities can further contribute to psychological distress.

In summary, abortion laws in the United States disproportionately impact marginalized groups, including people of colour, LGBTQ+ individuals, and low-income communities. These impacts range from healthcare and financial disparities to legal, political, and systemic inequalities, ultimately affecting the physical and mental well-being of those from marginalized backgrounds.

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