The New Abortion Law: Who Benefits?

The new abortion laws are for the people of the United States, where the Supreme Court's overturning of Roe v. Wade in June 2022 has given individual states the power to restrict or ban abortions. This has resulted in a highly divisive topic during the upcoming presidential election, with Democratic candidate Kamala Harris advocating for federal abortion protections, while Republican rival Donald Trump supports state-level laws. The impact of these laws falls on those seeking abortions, particularly those from marginalised groups, who now face compounding barriers to accessing abortion services.

Characteristics	Values
Number of states with abortion bans	13 or 14
Number of states with early gestational limits	6
Gestational age for early limits	Between 6 and 15 weeks
Gestational age for standard Roe v. Wade	24 weeks
Number of states with trigger bans before 2022 ruling	13
States with exceptions to the ban	Arizona, Indiana, Nebraska, West Virginia

What You'll Learn

Who does the new abortion law affect?
What are the consequences of inaccessible abortion care?
What are the different types of abortion restrictions?
What are the arguments for and against abortion protections?
How does the new abortion law vary by state?

Who does the new abortion law affect?

Abortion laws affect everyone, as they are about fundamental human rights. However, they particularly affect women, girls, and people who can become pregnant.

In places where abortion is illegal, highly restricted, or stigmatised, people are forced to resort to unsafe abortions, which can lead to fatal consequences, such as maternal deaths and disabilities. According to the World Health Organization, 23,000 women die from unsafe abortions each year, and tens of thousands more experience significant health complications.

Abortion restrictions disproportionately impact younger women, poorer women, and women of colour. Official data shows that the majority of women having abortions in the US are in their 20s, and 75% are classified as low income or poor. Black people make up 13% of the US population, but black women receive more than a third of the country's reported abortions.

In addition to criminalisation, other barriers to accessing abortion include cost, distance to services, and social stigma. These barriers particularly affect people on low incomes, refugees, migrants, LGBTI people, and racialised and Indigenous people.

The decriminalisation of abortion and the removal of restrictive laws are important steps towards ensuring that everyone has access to safe and legal abortion services.

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What are the consequences of inaccessible abortion care?

In June 2022, the U.S. Supreme Court overturned Roe v. Wade, eliminating the federal constitutional right to abortion. This decision has shifted the landscape of abortion access in the United States, with many state legislatures creating new abortion restrictions and bans. The consequences of inaccessible abortion care are far-reaching and impact various aspects of women's lives.

One of the most devastating consequences is the risk to physical health and safety. Inaccessible abortion care can lead to women resorting to unsafe abortion methods, putting their lives and health at risk. Unsafe abortions are often carried out by untrained individuals or in environments that do not meet medical standards, leading to severe complications, including incomplete abortions, heavy bleeding, uterine perforation, and damage to internal organs. These complications can result in long-term health issues, life-long injuries, severe disabilities, and even death.

In addition to the physical risks, inaccessible abortion care can also have negative mental health impacts. Women who face barriers to safe and legal abortion care often experience distress, anxiety, and feelings of isolation. The stigma associated with abortion further exacerbates these mental health consequences, as women battle with the notion that they do not have agency over their reproductive health.

The financial burden of inaccessible abortion care is another significant consequence. Women may be forced to make financial sacrifices, such as using their life savings or incurring medical debts, to access abortion services. For those with limited resources, abortion may become inaccessible, leading to unwanted pregnancies and potential negative impacts on their education, career, and economic opportunities.

Furthermore, restrictive abortion laws and limited access to safe abortion care disproportionately affect marginalized and low-income communities. Women of colour, in particular, are more likely to face systemic racism and oppression, compounding the barriers they encounter in obtaining abortion care.

The consequences of inaccessible abortion care also extend beyond the individual level. Evidence suggests that restricting access to abortions does not reduce the number of abortions but rather makes them less safe. As a result, health systems incur substantial monetary costs associated with treating complications arising from unsafe abortions.

Lastly, inaccessible abortion care can hinder women's ability to make choices about their reproductive health and future. This lack of autonomy can have long-term implications for their lives and well-being.

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What are the different types of abortion restrictions?

In 1973, the United States Supreme Court in Roe v. Wade recognized a constitutional right to obtain an abortion without excessive government restriction. However, in June 2022, the Supreme Court overturned Roe v. Wade, giving states the power to restrict or ban abortion. As a result, many states have created new abortion restrictions or are enforcing existing ones.

There are several types of abortion restrictions that have been implemented across various states. Here are some of the key types:

Targeted Regulation of Abortion Providers (TRAP): These laws impose burdensome legal requirements specifically on physicians who provide abortion care. TRAP laws often regulate the locations where abortions can be provided, facility specifications, provider qualifications, and reporting requirements. Critics argue that these laws do not improve patient safety and are counter to evidence-based clinical guidelines.
Gestational Bans: These laws prohibit abortion before fetal viability, which is generally considered to be between 24 and 26 weeks. Gestational age is typically counted from the last menstrual cycle or fertilization.
Method Bans: These laws prohibit specific methods of abortion care, such as dilation and extraction (D&X) or dilation and evacuation (D&E) procedures.
Reason Bans: These laws prohibit abortion if it is sought for particular reasons, such as the sex, race, or genetic anomaly of the fetus. However, there is no evidence that pregnant people seek abortion care for these reasons.
Criminalization of Self-Managed Abortion (SMA): Some states have criminalized people who end their pregnancies outside of a healthcare setting, without medical assistance.
Vigilante Laws: Modeled after Texas SB 8, these laws ban abortion at an early gestational age and are enforced through private rights of action. This allows members of the public to sue abortion providers and those who assist others in accessing abortion care.
Parental Involvement: These laws require providers to notify or obtain consent from parents or legal guardians before a minor can receive an abortion.
Mandatory Counseling and Ultrasound Requirements: Some states mandate that pregnant people receive biased counseling, ultrasounds, or wait a specified amount of time before receiving abortion care. These requirements serve no medical purpose but aim to dissuade people from choosing abortion.
Funding Restrictions: The Hyde Amendment prohibits federal funding for abortion except in cases of life endangerment, incest, or rape. Additionally, some states restrict private insurance coverage for abortion, impacting low-income individuals' access to abortion services.
Abortion Clinic Regulations: These regulations aim to limit the number of facilities permitted to perform abortions by imposing licensing requirements, workplace safety standards, and association mandates. Critics argue that these regulations are medically unnecessary and create barriers to accessing safe abortion care.

These abortion restrictions have significant impacts on individuals' access to reproductive healthcare, particularly affecting marginalized and low-income communities. The landscape of abortion restrictions across the United States continues to evolve, with states enacting new laws and policies following the Supreme Court's decision to overturn Roe v. Wade.

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What are the arguments for and against abortion protections?

The issue of abortion protections is a highly contentious topic that has divided people across the globe into two groups: pro-choice and pro-life. While proponents of legal abortion argue that it is a safe medical procedure that protects lives and ensures bodily autonomy, opponents believe that abortion is murder and goes against the sanctity of life. Here is a detailed exploration of the arguments for and against abortion protections.

Arguments for Abortion Protections

Proponents of abortion protections argue that abortion is a safe and essential medical procedure that can protect the lives and well-being of pregnant individuals. They emphasize that abortion has a significantly lower death rate compared to other common medical procedures, with 0.7 deaths per 100,000 abortions. Restricting access to safe and legal abortions endangers pregnant people, particularly those from marginalized communities, who may resort to unsafe methods. According to the World Health Organization (WHO), evidence shows that restrictive abortion laws do not reduce the number of abortions but rather increase the likelihood of unsafe abortions.

Abortion protections are also advocated as a matter of bodily autonomy and reproductive justice. Individuals should have the right to make decisions about their own bodies and futures, including when and whether to have children. Restricting abortion access can have detrimental social and economic consequences, trapping individuals in cycles of poverty, negatively impacting their physical and mental health, and limiting their ability to pursue education and career opportunities. This disproportionately affects low-income individuals, people of color, and those from historically marginalized communities.

Additionally, proponents argue that comprehensive abortion care, including access to safe and legal abortions, is a critical component of public health and human rights. According to WHO, unsafe abortions are a leading cause of maternal deaths and disabilities worldwide, with approximately 73 million induced abortions occurring annually. Restrictive abortion laws can force individuals to seek unsafe abortions, leading to physical and mental health complications and even death.

Arguments Against Abortion Protections

Opponents of abortion protections, often referred to as pro-life, believe that abortion is morally wrong and equivalent to murder. They argue that life begins at conception, and ending a life, regardless of the stage of development, is unethical and illegal. This view is grounded in a deep reverence for human life and the belief that all life deserves protection.

Additionally, opponents argue that legal abortion promotes a culture in which life is disposable. They believe that abortion devalues human life and can lead to a slippery slope of designer babies, gender selection, and the termination of disabled but healthy fetuses. They contend that instead of relying on abortion, increased access to birth control, health insurance, and comprehensive sexual education can reduce the number of unwanted pregnancies, making abortion unnecessary.

Another argument against abortion protections is the potential impact on healthcare for non-abortion-related issues. Opponents argue that restrictive abortion laws are necessary to maintain ethical standards in medicine and prevent abortions from being used as a loophole for on-demand procedures. They believe that vague exceptions in abortion laws can be exploited, and healthcare providers may refuse to perform certain procedures out of fear of liability or prosecution.

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How does the new abortion law vary by state?

The Dobbs ruling by the Supreme Court in 2022 removed the federal protection for abortion rights, allowing states to impose their own regulations. As a result, abortion laws now vary significantly across the United States.

States with Total Abortion Bans

Abortion is illegal in 13 states with only limited exceptions: