Cecily Zamora
Abortion laws vary widely among countries and territories, and have changed over time. In June 2022, the U.S. Supreme Court overturned Roe v. Wade, allowing states to ban abortion outright. Since then, abortion has become illegal in 14 states, with laws and restrictions differing from state to state. Abortion continues to be a controversial topic, with political campaigns focusing on it and protests taking place in support of abortion rights.
| Characteristics | Values |
|---|---|
| Date of overturning of Roe v. Wade | 24 June 2022 |
| Decision maker | U.S. Supreme Court |
| Effect of the decision | Elimination of the federal standard protecting the right to abortion |
| Current status | States are reacting by implementing bans or protecting access to abortion |
| Current status in numbers | 14-18 states banned or severely restricted abortion; 21 states and the District of Columbia protect the right to abortion |
| Current status in percentages | One in three women live in states where abortion is not accessible |
What You'll Learn
The Supreme Court's ruling on Roe v. Wade
In 1973, the US 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 US 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. Even after that point, however, abortion must be permitted to protect a patient's life and health.
In recognising the right to abortion, Roe was consistent with earlier Supreme Court rulings recognising a right of privacy that protects intimate and personal decisions—including those affecting child-rearing, marriage, procreation, and the use of contraception—from governmental interference.
In June 2022, the Supreme Court overruled Roe v. Wade in Dobbs v. Jackson Women's Health Organization, ruling there is no federal constitutional right to abortion.
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State abortion laws
States with Total Abortion Bans
As of October 2024, 13 states have a total abortion ban in place: Alabama, Arkansas, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Carolina, Texas, and West Virginia. These bans generally include exceptions if the pregnant person's life is at risk or, in some cases, their physical health. However, there are usually no exceptions for rape, incest, or fatal fetal abnormalities.
States with Gestational Duration Bans
28 states have abortion bans based on gestational duration, prohibiting abortion after a certain number of weeks into the pregnancy. These bans often include exceptions for threats to the life or health of the pregnant person, as well as, in some cases, pregnancies resulting from rape or incest.
States with Expanded or Protected Abortion Access
21 states and the District of Columbia have laws or constitutions that protect the right to abortion, with some states enacting additional laws to enhance access to abortion care. These states include Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and Wyoming.
States with Unprotected or Hostile Abortion Status
Some states have not protected abortion access through state law, leaving abortion rights unprotected or vulnerable to future restrictions. These states include Florida, Iowa, Kansas, Nebraska, North Carolina, Ohio, South Dakota, Tennessee, and Utah.
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The impact of abortion bans
On June 24, 2022, the Supreme Court's Dobbs v. Jackson Women's Health ruling overturned Roe v. Wade, eliminating the federal constitutional right to abortion in the United States. In the aftermath of this decision, states have reacted differently, with some implementing bans and others protecting access to abortion. This has resulted in a national divide in abortion care access, with one in three women now living in states where abortion is not accessible.
Abortion bans have far-reaching consequences, particularly for marginalized and vulnerable communities. Research indicates that abortion bans disproportionately affect individuals facing systemic racism and other forms of oppression, creating additional barriers to obtaining an abortion. The impact of these bans is felt across various aspects of society, from healthcare and mental health to economic opportunities.
Infant Mortality
Studies have found a direct link between abortion bans and increased infant mortality rates. In the year and a half following the Dobbs decision, hundreds more infants died than expected across the United States, with the majority of these infants having congenital anomalies or birth defects. This trend was also observed in Texas, where infant mortality spiked after a six-week abortion ban was enacted in 2021. Experts suggest that abortion bans can affect access to broader healthcare services, increasing risks for both babies and mothers.
Mental Health
The elimination of the federal right to abortion has had a significant impact on mental health, especially among females aged 18 to 45. Surveys conducted after the Dobbs decision revealed an increase in self-reported anxiety and depression symptoms in states that banned abortion compared to those that did not. The loss of abortion rights, once protected by the federal government, has been associated with a troubling sense of insecurity and uncertainty for many individuals.
Access to Healthcare
Abortion bans can create barriers to accessing healthcare services, particularly for marginalized communities. Systemic racism, ongoing white supremacy, and coercive reproductive health policies have further restricted access to healthcare for Black, Latino, Indigenous, rural, immigrant, and LGBTQ+ communities. Abortion bans may also impact the healthcare workforce, with providers potentially shifting their training programs or practices to states that protect abortion rights.
Economic Opportunities
Abortion bans have been linked to economic consequences, particularly for individuals facing structural barriers such as poverty, food insecurity, and other life stressors. Restricted access to abortion care can limit economic opportunities for those who may not have the resources to overcome the financial and logistical challenges of obtaining an abortion.
In conclusion, abortion bans have wide-ranging impacts on individuals and communities, affecting not only access to abortion but also infant mortality, mental health, healthcare, and economic opportunities. The loss of federal protection for abortion rights has resulted in a patchwork of state-level policies, creating a divided nation with varying levels of access to reproductive healthcare.
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The Hyde Amendment
The Affordable Care Act (ACA) includes a provision that applies the Hyde restrictions to Marketplace plans, ensuring that federal funds are only used to subsidize coverage for pregnancy terminations that endanger the pregnant person's life or are a result of rape or incest. While Marketplace insurers can offer a plan that covers abortions beyond these federal limitations, federal funds cannot be used towards this coverage.
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Public opinion on abortion
Polling Data and Trends
According to a Pew Research Center survey conducted in April 2024, 63% of respondents said that abortion should be legal in all or most cases, while 36% said it should be illegal in all or most cases. This represents a slight increase in support for legal abortion since 2021. The same poll found that 85% of Democrats and Democratic leaners support legal abortion, compared to 57% of Republicans and Republican leaners.
A Gallup poll from July 2023 showed similar results, with 51% of respondents favouring expansive abortion rights (legal in all or most cases) and 45% favouring more restrictive rights. The same poll found that 54% of Americans self-identify as "pro-choice", the highest figure recorded since 2007.
A PRRI survey from 2023 also indicated that 64% of Americans believe abortion should be legal in most or all cases, with a notable gender gap emerging, as 66% of women and 62% of men expressed support for legal abortion. The survey further highlighted a significant divide between Republicans and Democrats, with 86% of Democrats and 36% of Republicans supporting abortion legality.
Religious and Demographic Factors
Religious affiliation plays a significant role in shaping opinions on abortion. White evangelical Protestants overwhelmingly oppose legal abortion, with 73% supporting a ban in all or most cases, according to a Pew Research Center poll. In contrast, 86% of religiously unaffiliated Americans, 71% of Black Protestants, 64% of White non-evangelical Protestants, and 59% of Catholics support legal abortion.
Age also appears to be a factor, with younger adults more likely to support abortion rights. A Pew Research Center survey found that 76% of adults under 30 believe abortion should be legal in all or most cases, compared to 57% of those in their 50s and early 60s.
Political Implications
The issue of abortion has become increasingly salient in voting behaviour. A PRRI survey found that over one-third of Americans (36%) say they would only vote for a candidate who shares their views on abortion, with Democrats (47%) being more likely than Republicans (34%) to hold this stance.
The shift in public opinion has also impacted political messaging. Republicans, who have traditionally been unified in their "pro-life" message, now find themselves struggling to balance calls for a national abortion ban from their conservative base with the growing unpopularity of abortion restrictions among the general electorate.
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Frequently asked questions
Roe v. Wade is the U.S. Supreme Court case that legalized abortion in the United States in 1973. Safe, legal abortion remained a recognized federal constitutional right nationwide for nearly 50 years.
On June 24, 2022, the Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization and overturned Roe v. Wade, ending the federal constitutional right to abortion in the United States.
Following the overturning of Roe v. Wade, abortion policies and reproductive rights are now in the hands of each state. Some states have implemented bans, while others are protecting access to abortion.
Access to safe and legal abortions now depends on where a person lives, intensifying the national divide in access to abortion care. One in three women now live in states where abortion is not accessible.
People are taking action through voting in state elections, knocking on doors, and holding events to spread awareness. There is also an increase in attention on state supreme court races, as these justices are likely to have a direct role in shaping access to abortion.
