Recent Abortion Law Changes: What's The Spark?

The recent abortion laws in the US have been sparked by the Supreme Court's decision to overturn Roe v. Wade in June 2022, which removed nationwide protection for abortion rights. This decision has led to a state-by-state battle for abortion rights, with 14 states enacting near-total abortion bans and four states banning abortion after approximately six weeks of pregnancy. The impact of these laws has been devastating, with infant mortality rates higher than expected in the months following the Supreme Court's decision. The US is now an outlier in the global trend towards the liberalization of abortion laws, with only four countries rolling back the legality of abortion in recent years.

The US Supreme Court's overturning of Roe v. Wade in 2022

The ruling in Dobbs v. Jackson Women's Health Organization held that abortion was not a legitimate unenumerated right, as it was not "deeply rooted in the Nation's history and tradition". This decision effectively overturned the 1973 Roe v. Wade ruling, which had established a constitutional right to privacy that protected abortion as a fundamental right.

The Supreme Court's decision in Dobbs gave states the authority to set their own abortion policies, resulting in a patchwork of varying laws and restrictions across the country. As of October 2024, abortion is illegal in 21 states, with varying degrees of protection or restriction in the remaining states. The impact of the decision was immediate and far-reaching, with abortion providers in some states ceasing services as soon as the ruling was announced.

Public reaction to the overturning of Roe v. Wade was mixed, with a majority of Americans disapproving of the decision. Protests and demonstrations both in support of and against the decision took place outside the Supreme Court and across the nation in the days following the ruling. The decision also sparked discussions about the potential impact on other rights, such as contraception and same-sex marriage, that rely on similar constitutional interpretations.

The Supreme Court's decision to overturn Roe v. Wade had significant consequences for abortion access and reproductive rights in the United States, and it continues to be a highly contentious and divisive issue.

The impact of abortion bans on infant mortality rates

The US Supreme Court's decision to overturn Roe v. Wade in June 2022 has sparked the most recent abortion laws. The ruling removed the federal protection for abortion access and allowed states to regulate, limit, or ban abortion. Currently, abortion is illegal in 13 states, with almost half of the states likely to enforce new laws as restrictive as possible.

Abortion bans have been shown to have a detrimental effect on infant mortality rates. Research has found that in the year and a half following the Supreme Court's Dobbs decision, which revoked the federal right to an abortion, hundreds more infants died than expected in the United States. The infant mortality rate was higher than expected in several months after the decision and never dropped below the expected rate. This resulted in an average of 247 more infant deaths in each of those months, with about 80% of those attributed to congenital anomalies.

States with more restrictive abortion policies, such as Texas, have been found to have higher rates of maternal and infant mortality, especially among women of color. The loss of reproductive rights has resulted in a true human rights violation, causing enormous harm. Restrictive abortion laws disproportionately affect low-income people of color, immigrants, and non-English speakers, further exacerbating existing racial inequities in maternal and infant outcomes.

The lack of access to safe and legal abortions can lead to increased rates of maternal death and adverse outcomes, particularly among Black birthing people, who already face higher risks of maternal mortality and morbidity. One study estimated that a total abortion ban in the United States would result in a 21% increase in maternal death and a 33% increase for non-Hispanic Black individuals.

Abortion restrictions can also affect access to broader healthcare, impacting the risk for both babies and mothers. Pregnant individuals in states with abortion restrictions have been found to have greater difficulty accessing early and continuous prenatal care, which is essential for optimal health and growth. Additionally, the restrictions can create geographic, transportation, and financial barriers to obtaining an abortion, further compromising health outcomes.

The global trend towards the liberalization of abortion laws

There is a global trend towards the liberalization of abortion laws, driven by women's rights, public health, and human rights advocates. Over the past 30 years, more than 60 countries and territories have liberalized their abortion laws. This trend reflects the recognition of women's access to legal abortion services as a matter of women's rights and self-determination, as well as an understanding of the dire public health implications of criminalizing abortion.

International and regional human rights norms have evolved to recognize that the denial of abortion care in a range of circumstances violates women's and girls' fundamental human rights. These norms have played a critical role in transforming national-level abortion laws and policies. For example, courts in countries such as Argentina, Bolivia, Brazil, Colombia, and Nepal have directly incorporated these standards into groundbreaking cases, liberalizing abortion laws, and increasing women's access to safe abortion services.

The liberalization of abortion laws is often achieved by amending criminal bans to specify certain circumstances in which there is no legal penalty for abortion. For instance, in Central and Eastern Europe, the first wave of liberalization introduced specific circumstances in which abortion carried no criminal sanction. Additionally, international standards on the protection of women's reproductive rights and their application to abortion have developed considerably.

Despite the overall global trend towards liberalization, some countries have introduced new types of barriers that impede women's access to legal abortion services. These barriers include mandatory waiting periods, biased counseling requirements, and the unregulated practice of conscientious objection. Such barriers stigmatize and compromise the health of women, affecting their ability to make competent decisions about their health and increasing health risks.

Restrictive abortion laws cause enormous harm. They lead to a high number of deaths from unsafe abortions, the loss of educational and economic opportunities, and the deepening of historical marginalization. Denial of abortion care is a true human rights violation, and human rights bodies have consistently condemned restrictive abortion laws. The global trend towards the liberalization of abortion laws aims to address these issues and protect the rights and well-being of women worldwide.

The history of anti-abortion legislation in the US

Abortion has been a common practice in the history of the United States and was not always a controversial issue. In the 1700s and early 1800s, medical literature and newspapers regularly referred to herbs and medications as abortion-inducing methods. Reproductive care, including abortion, was unregulated and provided by skilled midwives, nurses, and other unlicensed women’s health care providers.

In the mid-1800s, leaders outlawed abortion in America for the first time. Prior to this, abortion was legal in every state under common law before "quickening" – an archaic term for fetal movement that usually happens around four months into a pregnancy. Connecticut was the first state to regulate abortion in 1821, outlawing the procedure after quickening and forbidding the use of poisons to induce abortion. Many states followed suit and passed various laws on abortion.

By 1880, all states had laws restricting abortion, with some exceptions in certain states if a doctor said the procedure was needed to save the patient's life or health, or for therapeutic reasons. As abortion became criminalized, the stigma surrounding it grew.

By 1910, abortion was banned nationwide at every stage of pregnancy. These bans had some exceptions in instances where the patient's life was at risk – a decision that only doctors, 95% of whom were men, could make.

The criminalization of abortion led to unsafe procedures, resulting in a high death toll. In 1930, unsafe and illegal abortions caused the deaths of nearly 2,700 women – almost one out of every five recorded maternal deaths that year.

In the 1950s and 1960s, thousands of pregnant women took a drug called thalidomide, which was later found to cause severe birth defects. In 1962, a pregnant TV host who had taken thalidomide travelled to Sweden to obtain a legal abortion as it was not available in the US at the time. The media tracked her journey, and 52% of Americans supported her. This incident brought greater support for abortion law reform.

In the late 1960s, a nationwide effort was underway to reform abortion laws in nearly every state. Between 1967 and 1973, four states – Alaska, Hawaii, New York, and Washington – repealed their abortion bans entirely, while 13 others enacted reforms that expanded exceptions.

In 1970, New York state legalized abortion, and a Planned Parenthood health center in Syracuse became the first in the country to provide abortion services. In the first two years after abortion was legalized in New York, two-thirds of the abortions performed in the state were on patients who had travelled from other states, where abortion was still outlawed.

In 1973, the US Supreme Court established the legal right to access abortion nationwide with its landmark decision in the Roe v. Wade case. This decision protected the right to abortion in all 50 states, making abortion services safer and more accessible across the country.

However, abortion continues to be a divisive issue in American politics and culture, with some states seeking to restrict or ban abortion access. In 2022, the Supreme Court overturned Roe v. Wade, ending the protection of abortion rights by the US Constitution and allowing individual states to regulate abortion. This decision has sparked ongoing debates and protests across the country, with some states enacting trigger laws that effectively ban abortions.

The impact of abortion laws on women's health and socio-economic status

In June 2022, the US Supreme Court overturned Roe v. Wade, which protected the federal right to an abortion. This decision has had a significant impact on women's health and socio-economic status, with restrictive abortion laws causing enormous harm.

Women's Health

Restrictive abortion laws can negatively impact women's health in several ways. Firstly, they can lead to an increase in unsafe abortions, which carry significant risks and complications for women. Unsafe abortions are often performed by unskilled providers or in unhygienic conditions, exposing women to the risk of death, disability, or long-term health issues. According to the World Health Organization, almost 8% of maternal deaths globally are attributed to unsafe abortions, and millions of women are admitted to hospitals each year due to related complications.

Additionally, abortion bans can affect access to broader healthcare services, as women may face barriers in seeking prenatal care and other necessary support systems. This can increase health risks for both mothers and their babies, leading to potential negative outcomes for infant mortality and maternal morbidity.

Socio-Economic Status

The impact of abortion laws on women's socio-economic status is also significant. Restrictive abortion laws can lead to a loss of economic opportunities for women, as they may be forced to continue with unwanted pregnancies. This can result in a decrease in their ability to work full-time, seek education, or pursue economic advancement.

Women who are denied abortions are more likely to experience economic hardship and insecurity, with higher odds of living in poverty and receiving public assistance. They may also face challenges in raising children alone, without the support of a partner or family, further exacerbating their financial situation.

Furthermore, restrictive abortion laws disproportionately affect women of lower socio-economic status, as they may lack the financial resources to travel to other states or countries where abortion is legal or access safe abortion services. This can create a cycle of poverty and marginalization, deepening existing social inequalities.

On the other hand, progressive abortion law reforms can lead to improvements in women's socio-economic status, including increased access to education, employment, and economic opportunities. Reforms that expand the grounds for legal abortion or increase accessibility can empower women to make decisions about their pregnancies and improve their overall well-being.

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