Recent Abortion Law: Who Passed It And Why?

The topic of abortion laws has been a highly contested issue in the United States for decades. In 2022, the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization overturned Roe v. Wade, which had previously protected the right to abortion. This ruling has resulted in a state-by-state battle for abortion rights, with 14 states now banning abortion and four states banning the procedure after six weeks of pregnancy. The future of abortion access remains uncertain, with legal challenges and ballot measures ongoing in several states.

The overturning of Roe v. Wade in 2022

In the decades following Roe v. Wade, there were repeated challenges to the decision, with states enacting laws to restrict abortion. In 2022, the Supreme Court took up the case of Dobbs v. Jackson Women's Health Organization, which involved a Mississippi law banning abortions after 15 weeks of pregnancy. The Court's decision in this case overturned Roe v. Wade, ending the constitutional protection for abortion rights. The Court held that abortion was not a legitimate unenumerated right and that it was not "deeply rooted in the Nation's history and tradition".

The overturning of Roe v. Wade had a significant impact on abortion access across the country. It gave individual states the power to regulate abortion, and many states quickly moved to ban or severely restrict abortion. As a result, abortion became illegal in several states, and people seeking abortions faced increased barriers to accessing care. The decision also had broader implications, calling into question other constitutional rights, such as the right to contraception, that were based on the same logic as Roe v. Wade.

The overturning of Roe v. Wade was a highly controversial and divisive issue in the United States, with strong opinions on both sides of the debate. Some celebrated the decision as a victory for the anti-abortion movement, while others mourned the loss of reproductive rights and feared the impact on women's health and autonomy. The decision also had political implications, with the Democratic Party generally defending access to abortion and the Republican Party seeking to restrict it.

In the wake of the decision, there were efforts to protect abortion rights at the state level, with some states enacting laws or constitutional amendments to safeguard abortion access. However, the future of abortion rights remained uncertain, with ongoing legal battles and a patchwork of state-by-state regulations. The impact of the decision was felt beyond the United States, as other countries grappled with their own abortion laws and debated the role of the state in protecting or restricting abortion access.

State abortion laws in the US

The legality of abortion varies significantly depending on the state. Some states prohibit abortion at all stages of pregnancy, while others permit it up to a certain point or throughout the entire pregnancy. In states where abortion is legal, several restrictions may exist, such as parental consent or notification laws, mandatory waiting periods, and counselling requirements.

The abortion debate in the US is centred around the question of when human life or personhood begins. Those in favour of abortion rights advocate for patient choice and bodily autonomy, while the anti-abortion movement maintains that the fetus has a right to live.

The history of abortion law in the US can be traced back to the 19th century, when most states began to restrict abortion. By 1910, abortion was illegal at every stage of pregnancy in every state. However, in 1973, Roe v. Wade decriminalised abortion nationwide. This decision was later modified by Planned Parenthood v. Casey in 1992, which established the "undue burden" framework for state legislation on abortion.

Since the overturning of Roe v. Wade, many states have enacted or are in the process of enacting stricter abortion laws. As a result, the US has become divided into "abortion deserts", where abortion is illegal and inaccessible, and "abortion havens", where abortion remains legal and accessible. This has led to millions of people being forced to travel long distances to access legal abortion services.

Some states, such as Alaska, California, Illinois, Kansas, Michigan, Minnesota, North Dakota, Ohio, and Vermont, have a right to abortion in their state constitutions, while others, like Alabama, Louisiana, Tennessee, and West Virginia, explicitly do not.

The impact on marginalised groups

The overturning of Roe v. Wade in the US has disproportionately burdened marginalised groups, with low-income people and people of colour experiencing a range of health and financial ramifications. Research has shown that abortion bans of all types have the greatest impact on people in marginalised groups.

In the US, anywhere from a quarter to a third of people who receive an abortion annually are Black, and the majority are low-income. Lack of access to safe abortions for these groups will have ramifications beyond an acute inability to terminate a pregnancy. In some circumstances, carrying a pregnancy to term can endanger the pregnant person's life, disrupt educational plans, and change someone's career trajectory, compounding disadvantages for already marginalised groups.

In the US, maternal mortality rates are exceptionally high compared to most other developed nations. In 2020, the US maternal mortality rate was 23.8 deaths per 100,000 live births, with a rate of 55.3 – more than double – for Black mothers. Abortion bans will undisputedly increase maternal mortality, with research showing that a total abortion ban would increase pregnancy-related deaths by about 7% overall, and by 33% for Black people.

In addition to the health risks, abortion bans also have financial implications for marginalised groups. For example, in the US, Medicare and Medicaid do not cover abortions, except in cases of rape, incest, or if the life of the woman is in danger. This disproportionately affects low-income people and people of colour, who already face barriers to care and economic opportunity.

The impact of abortion bans on marginalised groups is further exacerbated by the fact that most US counties do not have a physician to provide abortions, and many hospitals do not permit abortions to be performed. This means that people seeking abortions may have to travel long distances, which can be cost-prohibitive, especially for those who are already financially disadvantaged.

The overturning of Roe v. Wade has also had an impact on the LGBTQ+ community, who already face barriers to care and economic opportunity. The Hyde Amendment, which prohibits federal funding for abortion services, disproportionately affects LGBTQ+ communities, as they are more likely to rely on government insurance programs.

Furthermore, abortion bans have been shown to disproportionately affect people with disabilities. In the US, federal funding for abortions for women with disabilities covered by Medicare is banned. This creates additional barriers for people with disabilities who are already facing challenges in accessing healthcare and other services.

The impact of abortion bans on marginalised groups is complex and far-reaching, affecting not only their health and financial well-being but also their educational and career opportunities. It is important to recognise and address these disparities to ensure that the rights and needs of marginalised groups are protected.

The Florida abortion amendment

Background

Abortion is a highly divisive issue in the United States, with laws varying from state to state. In 2022, the Supreme Court overturned Roe v. Wade, ending the protection of abortion rights under the US Constitution and allowing individual states to regulate abortion.

The Florida Amendment

The Florida Amendment, also known as Amendment 4, is a proposed amendment to the Florida Constitution that seeks to limit government interference with abortion. The amendment states that no law shall "prohibit, penalize, delay, or restrict" abortion before viability or when necessary to protect the patient's health, as determined by their healthcare provider. It does not change the requirement for parental notification before a minor has an abortion.

Support for the Amendment

The amendment is supported by Floridians Protecting Freedom (FPF), a statewide campaign of allied organizations and citizens working to limit government interference with abortion. FPF believes that all Floridians should have the freedom to make personal medical decisions without government intrusion.

Amendment 4 is also endorsed by medical professionals like Dr. Goodman, a respected Florida OB/GYN who has spoken out against the state's extreme abortion ban. Dr. Goodman argues that the ban puts lives at risk by preventing doctors from providing necessary medical care.

Opposition to the Amendment

The Florida Conference of Catholic Bishops strongly opposes Amendment 4, urging Floridians to vote against it. They argue that the amendment would erase pro-life protections and allow abortions up to 24 weeks gestation, including when the fetus is capable of feeling pain. They believe that the amendment would put women at risk, weaken medical requirements, and eliminate parental consent for abortions.

Status

The Florida Amendment was placed on the ballot for the November 2024 election, with voters to decide whether to approve or reject the proposed changes to the state constitution.

Criminalisation of self-managed abortions

Self-managed abortions refer to any action taken to end a pregnancy outside of the formal healthcare system. This can include self-sourcing mifepristone and/or misoprostol, consuming herbs or other drugs, and using physical methods. In the US, individuals have been prosecuted and sometimes incarcerated after being accused of self-managing an abortion. However, the criminalisation of self-managed abortions has been opposed by the American College of Obstetricians and Gynecologists (ACOG) and other health organisations.

History of self-managed abortions in the US

The criminalisation of self-managed abortions in the US can be traced back to the late 1800s, when doctors formed the American Medical Association (AMA) and began to lobby state legislatures to ban abortion. By 1910, abortion was not only restricted but outright illegal at every stage of pregnancy in every state. These abortion bans had some exceptions in instances where the procedure was necessary to save the patient's life.

Current situation of self-managed abortions in the US

Currently, some states criminalise people who self-manage their abortions, while others have laws that are intended to ban abortion entirely. In June 2022, the US Supreme Court overturned Roe v. Wade, which had previously protected the right to abortion. As a result, abortion policies and reproductive rights are now in the hands of each state.

Arguments against the criminalisation of self-managed abortions

The criminalisation of self-managed abortions has been opposed by several health organisations, including the ACOG, which argues that the threat of prosecution may result in negative health outcomes by deterring individuals from seeking needed care. The criminalisation of self-managed abortions also interferes with the legal and ethical requirements to protect private medical information and disproportionately harms communities who are historically marginalised from care.

Prevalence of self-managed abortions in the US

Data suggest that many individuals at least consider self-managed abortion. During a month-long period in 2017, there were more than 200,000 Google searches for information regarding self-managed abortion in the United States. A 2017 national population-based study reported that 7% of women around the country attempted self-managed abortion in their lifetimes. The reasons for attempting self-managed abortions are varied and multifactorial, but often include barriers to accessing clinic-based care, such as cost, distance to the facility, and lack of knowledge of where and how to access services.

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