This article is written by Prithviraj Dutta. The aim of this article is to understand the current scenario of abortion laws in the United States of America. For this firstly, emphasis has been put on the history and timeline of abortion laws in the U.S. Following this, a detailed explanation of the judgment of Roe v. Wade has been provided that proved to be a landmark judgment in providing abortion access in the U.S.A. Next, the overturning of Roe v. Wade in the judgment of Dobbs v. Jackson Women’s Health Organisation has been explained in detail. Following this, the status of abortion access in each state of the United States has been provided. Finally, the ongoing debate on abortion access in the United States has been discussed.

It has been published by Rachit Garg.

Introduction

Abortion Laws in the United States today, have been more contentious than ever before. However, for the first century of the country’s existence and also for most of human history before that, the topic of abortion was much less controversial. At that point in time, abortion was an uncontroversial fact of life.

The U.S. attitude towards abortion until the mid-19th century was pretty similar to what it has been throughout history. Abortion was a quiet reality that was legal until the foetal motion could be felt by the mother, also known as “quickening”. The foetus was not treated as a separate, distinct entity but just an extension of the mother. 

The Change

The first anti-abortion movement in the U.S. was not driven primarily by moral or religious concerns. The first major foe of abortion laws in the U.S.A. was physicians, who were on a mission to regulate medicine.

Medical Literature as well as newspapers in the late 1700s and beginning of the 1800s made referrals to medications and herbs as abortion-inducing methods. At this point in time, surgical methods were very rare. Reproductive care, which also included abortion, was very rare in those days. To this point, abortion services had been the work of women. Most of the abortion providers were midwives. These midwives were legitimate and trusted medical professionals who provided essential reproductive care. Most of these midwives had made a good living out of abortifacient plants. These providers relied on methods that had been passed down through generations, such as herbal abortifacients and pessaries. This was a tampon-like device that was soaked in a solution to induce abortion. This device helped in catheterizing the abortions that irritated the womb and resulted in miscarriages. It made abortion a minor surgical process known as Dilation and Curettage. It remained one of the most common methods for terminating an early pregnancy.

The cottage abortion industry was successful in catching the attention of the American Medical Association, established in 1847. Black people were excluded from its membership at that time. The American Medical Association was keen to be taken seriously in the medical profession. Abortion Services made midwives and other irregular practitioners, who were also so-called quacks, an easy target. May Fisell was of the view that their rhetoric was strategic and linking midwives to providing abortion was a way of getting them out of business. 

Rules banning abortion for black women

Abortion Bans were evidently rooted in white supremacy when looked at from the point of view of the history of Black women in the country. Even though abortion was legal in the United States until after the Civil War, the rules for enslaved women were different for Black women. They were valuable properties and did not have the freedom to control their bodies.

White men owned black women’s bodies. These black women had to induce their own abortions in secret. Even after the abolition of slavery in 1865, societal control over black women continued to exist. Page Law restricted Chinese women from entering the country, and this way, Chinese workers were targeted.

History and evolution of abortion laws in the USA

The practice of abortion was frequent during the period from 1600-1900. There were many tribal societies that were aware of how to induce abortions. The state passed a number of anti-abortion laws during the 1860s. These laws were, in most cases, ambiguous and very difficult to enforce. Stronger anti-abortion laws were passed after 1860 and it was made sure that these laws were more seriously enforced. As a result, many women began to utilize illegal underground abortion services.

A timeline of abortion laws in the USA

• 1821– Connecticut became the first State to pass the first law in the United States barring abortions after “quickening”. This was normally done by administering poison to the woman after her fourth month of pregnancy.
• 1856 – Dr. Horatio Storer established a national drive through the American Medical Association. This drive was undertaken to make all abortions illegal. First Trimester abortions were legal or treated as a misdemeanour in most of the states.

From the time of the Civil War, a group of male doctors, the backing of the Catholic Church and others who wanted to control the bodies of women, led a movement pushing state governments to outlaw abortion across the board. The medical profession, which was male-dominated at that time, wanted to take authority from the female-dominated profession of midwives, which included the authority to provide abortion. 

• 1860 – By this time, twenty of the states in the USA had laws limiting abortion.
• 1873 – The Comstock Act of 1873, supported by the American Medical Association, banned the dissemination of information related to abortion or artificial contraceptives by mail.
• 1875 – Susan B. Anthony, a suffragist, and feminist in a speech known as Social Purity, spoke against abortion. She was joined by many feminist for-mothers who decreed abortion in the 19th Century.
• 1890 – The American Medical Association advocated statutes banning abortion unless it was deemed essential to save the life of the mother.

Abortion was banned nationwide by 1910. Wealthy white women, however, who had the means would travel abroad to skirt the law and access abortion. The other people, however, could not access services to abortion.

• 1920s – Margaret Sanger, who was the founder of Planned Parenthood and a proponent of Eugenics, headed the rise of the birth control movement.

Through the 1960s, abortion law reform was observed. Eleven states liberalised their abortion laws in the late 1960s. 1973 saw Roe v. Wade where the legal right to access abortion nationwide was observed through this landmark decision. 

Even after this, laws restricting abortion continued to target black people and other people of colour. Instances of these are as follows-

1. The The Hyde Amendment barred federal Medicaid dollars from being used to cover abortions.
2. The freedom of Black and Latino people was affected by the Hyde Amendment.
3. Due to systemic racism built into the economic practices and policies in America, Black and Latino people found it difficult to have access to jobs that offered employee-sponsored health insurance and as a result, they had to rely more on Medicaid.  

• 1962 – Sherry Chessen tried to emotionally persuade the people through the media to legalise abortion. During her pregnancy, she took the drug, thalidomide unaware of its harmful effects, which resulted in hindering the development of limbs of her unborn child. She was denied a “therapeutic abortion” in America and later was successful in getting an abortion in Sweden.
• 1963 – The Society for Human Abortion was established in San Francisco. They challenged the existing laws by openly providing information on abortion and contraceptives.
• 1965 – Griswold v. Connecticut, (1965) – This was a landmark case in which the Supreme Court ruled that the Constitution protected the Right to Privacy. A Connecticut law prohibiting the use of contraceptives was involved in this case.
• 1967 – Colorado became the first state to liberalise its abortion laws. During the time when abortion was banned in 49 states, Dr. Leon Belous was convicted of having referred a woman to an illegal abortionist. This led to a 1969 judgement, People v. Belous (1969), of the California Supreme Court favouring the right to choose abortion.
• 1969 – Dr. Bernard Nathanson, Help, and Abortionist Lawrence Leader founded the National Association for the Repeal of Abortion Laws.This is now called NARAL-Pro Choice America. Later, Nathanson renounced his abortion stance. He admitted to falsifying abortion statistics to garner sympathy for the pro-abortion cause.

1970s – Harvey Karnen, despite not being a physician,  committed illegal abortions. He developed a flexible curette that made the vacuum curation method safer for women. It proliferated in the United States as a choice for early abortions.

• 1970 – Washington, New York, Hawaii, and Alaska repealed their bans on abortion after viability. Abortion was made available at the request of the woman and her doctor for a period extending up to 24 weeks. Dr. Jane Hodgson was convicted in Minnesota for committing abortion on a 23-year-old woman. It was considered a felony at that time. In this case, the decision was appealed but not ruled on by the State Supreme Court until after Roe v. Wade.
• 1971 – The portion of the Comstock Act that dealt with abortion and contraceptives was repealed.
• 1972 – Eisenstadt v. Baird, (1972) – The Griswold decision was extended to unmarried couples. Until this point, the Right to Privacy only applied to married couples. The Einsted and Griswold decisions were cited in Roe v. Wade.
• 1973 – Roe v. Wade, (1973) – The Supreme Court in this landmark judgment, made abortion in-demand legal. Thisjudgementt struck down all the state laws that had made abortion illegal. 

In Doe v. Bolton, (1973)  it was stated that this right would continue for all nine months of pregnancy. This they did by opening up the definition of women’s health. 

The National Right to Life Committee was officially incorporated in response to Roe v. Wade. This was a non-religious group that held its first convention in Detroit.

• 1974 – The first National-Pro Life March was organised by Nellie Gray in Washington D.C., which to this day continues annually. This March started gathering support for a Human Life Amendment that had been introduced by the U.S. Congress, a year prior. Federally Funded Research involving the use of fetal tissue was banned by the National Science Foundation Authorization Act.
• 1975 – Bigelow v. Virginia, (1975) – This case invalidated Virginia’s ban that prohibited advertising abortion. 
• 1976 – Planned Parenthood v. Danforth, (1976) – This judgment resulted in some changes in the existing abortion laws. It invalidated spousal and parental consent before an abortion. Congress adopted the first Hyde Amendment, which barred the use of Federal Medicaid Funds that sold abortions to low-income women. The provision was upheld by the Supreme Court in 1980.

Singleton v. Wulff, (1976) – This judgment gave abortion facilities and abortionists the ability to challenge the existing abortion laws. Prior to this, only women seeking abortions had the right to challenge abortion laws. 

• 1977 – A revised Hyde Amendment was passed which allowed the states to deny medical funding except in cases related to rape, incest, or damage that was severe and long-lasting for a woman’s health. 

Maher v. Roe, (1977), Beal v. Doe (1977), Poelker v. Doe, (1977), upheld the prohibition of abortions with the use of public funding or in public hospitals unless it was “medically necessary”.

• 1979 – Bellotti v. Baird, (1979) –  In this case, the Supreme Court ruled that teenagers do not need parental consent to obtain an abortion. 

Colautti v. Franklin, (1979) – This case struck down the Pennsylvania statute that required abortion techniques that gave the foetus the best opportunity to be born alive after viability. 

1980s – Pregnancy Help Centres and Crisis Pregnancy Centers were opened taking the pro-life movement to the grassroots levels to help women facing unplanned pregnancies. 

• 1980 – Harris v. McRae, (1980) – This Judgment upheld the limitation on limiting abortion. The states participating in Medicaid were not required to fund “medically necessary abortions”.
• 1983 – Akron v. Akron Ctr. for Reprod. Health (1983) – This case removed the requirement that doctors provide patients with information related to alternatives to abortion, risks related to abortion, and other medical risks related to abortion.

Planned Parenthood Assn. v. Ashcroft (1983)  – This judgement invalidated the Missouri statute that required some abortions to be in a hospital. 

Simopoulos v. Virginia (1983) – This judgement upheld the conviction of a doctor who 

committed an abortion during the second trimester and outside of a licensed hospital.

• 1984 – The pro-lifers following the election, controlled the White House and Congress. Their efforts led to the passing of the Human Life Amendment and Human Life Bill in case the amendment was rejected by the states. Pro-life advocates were divided in their support between the amendment and the Bill. They lobbied against each other, resulting in the failure of both.
• 1986 – Thornburgh v. Amer. Coll. of Obstetricians, (1986) – This judgment invalidated the Pennsylvania statute that had requirements of informed consent and abortion regulations.
• 1988 – The American Collegians for Life, a non-profit, pro-life organisaion, was founded. This group was renamed Student’s Life for America in 2006.
• 1989 – Webster v. Reproductive Health Services, (1989) – This judgment upheld the prohibition of public facilities from performing abortions and performing ultrasounds after a period of 20 weeks.

1990s – There was a rise in the number of pregnancy centres, which allowed pro-life women to garner support for pregnant women in their communities.

• 1990 – Hodgson v. Minnesota, (1990) – This judgment invalidated Minnesota’s requirement for two-parent notification of minors.

Ohio v. Akron Center, (1990) (Akron III) – This judgment upheld the Ohio statute that required a minor to notify one parent or obtain a judicial waiver.

• 1991 – Rust v. Sullivan, (1991) – This judgment upheld the constitutionality of a 1988 HHS Regulation, which prohibited doctors and counsellors of clinics receiving federal funding from providing their patients with information about and referrals for abortion.
• 1992 – Planned Parenthood of Southeastern Pa. v. Casey, (1992). – This judgment upheld the Roe Principle that every woman has the “right” to abortion before fetal viability, but it also allowed the states to restrict abortion access as long as these restrictions did not cause “undue burden” on women seeking abortions. These restrictions would make up the incremental approach to reducing abortions.
• 1993 – Buffer Law was first enacted by the state of Colorado, which restricted whether pro-life demonstrators and sidewalk counselors could be outside abortion facilities.
• 1994 – Congress in 1994, passed the Freedom of Access to Clinic Entrances. This Act forbade the use of “force, threat of force or physical obstruction” to prevent a person from receiving or providing abortions. “Operation Rescue” was brought into force. People peacefully linked arms to block access to an abortion facility while sidewalk counselors directed women to PHCs.
• 1995 – The first nationwide ban on “partial-birth” abortion was passed by the U.S. Congress. President Bill Clinton vetoed it in 1996. Norma McCorvey, who was the “Jane Roe” in Roe v. Wade,  was not even able to get an abortion. This is because the judgement came too late, and she was befriended by pro-life activists. She declared that she was pro-life and regretted her role in the landmark case.
• 1997 – A slightly amended version of the “partial-birth” was passed by Congress. The abortion ban law was immediately vetoed by President Clinton.

Mazurek v. Armstrong, (1997) – This judgment upheld the “physical-only” requirement to commit abortion in Montana.

• 1999 – The 1997 version of the Abortion ban was passed by the Senate and the House. 

2000s – Massachusetts and Montana implemented their own buffer zone laws, which further restricted sidewalk counselors. States continued passing their own abortion laws restricting abortion – these included parental notification, periods, and ultrasound requirements. Planned Parenthood, the nation’s largest abortion vendor, reacted to the economic hardships of small neighborhood facilities by building “mega-center” facilities in Texas, Colorado, Illinois, and Massachusetts.

• 2000 – Stenberg v. Carhart, (2000) – This judgment struck down Nebraska’s ban on partial-birth abortion as unconstitutional. 29 of 31 similar statewide bans were invalidated. The Food and Drug Administration approved mifepristone – RU-486 which was the chemical abortion drug.
• 2003 – The “Partial Birth Abortion” ban was signed into law by President George W. Bush and Congress. 

Scheidler v. National Organization for Women, Inc. (2006) – determined that abortion protestors were not extorting abortion providers by protesting in hopes of shutting down the facility. 

• 2004 – The  U.S. District Courts in New York, Nebraska, and California declared “Partial-Birth Abortion” unconstitutional.
• 2006 – Ayotte v. Planned Parenthood of Northern New England, (2004) – This judgment invalidated the New Hampshire parental notice law in its entirely and remanded the case for future consideration. 

National Organization for Women, Inc. v. Scheidler, (2004), went on for 21 years of litigation. It affirmed the free speech of pro-life activists and sidewalk counselors. This ruling against NOW’s claim that pro-lifers were responsible for the criminal activity of a few people. Students for the Life of America hired its first full-time staff and thereafter launched its Field Program. This led to over 500+ new pro-life student organisations in six years.

• 2007 – Gonzales v. Carhart, (2007) – The U.S. Supreme Court in this case upheld the federal “partial-birth abortion” ban. This ban restricted D and X – a type of late-term abortion. The first nationwide 40 Days of Life campaign was launched. This semi-annual grassroots effort was successful in mobilising new pro-life activists and also in shutting down abortion facilities through continual presence and prayer.
• 2009 – Gallup released poll results that indicated for the first time that a majority of Americans, comprising 51 percent, identified themselves as pro-life. Congress, despite massive pro-life efforts, narrowly passed healthcare reform with the potential for tax-payer-funded abortions. 
• 2011 – The U.S. House of Representatives voted in 2011 to remove federal funding for Planned Parenthood. However, the Democrat-controlled Senate blocked this measure.
• 2013 – After 20 weeks, the State of Texas banned abortion.
• 2016 – Whole Woman’s Health v. Hellerstedt (2016) – In this judgement, the Supreme Court stated that the states are restricted in their ability to regulate the health and safety standards of abortion facilities if it leads to the closure of abortion facilities. This was even though it was a by-product of abortion facilities that could not meet their basic requirements.
• 2017 – President Trump fulfilled his campaign promise by appointing pro-life Neil Gorusch to the Supreme Court.
• 2018 – Brett Kavanaugh was appointed to the Supreme Court by President Trump. He replaced retired Justice Anthony, and the pro-life got a 5-4 majority.
• 2020 – Amy Coney Barrett, a pro-life Catholic Mother of seven, was appointed to the Supreme Court by President Trump. The Court’s pro-life majority stood at 6:3.
• 2022 – Dobbs v. Jackson Women’s Health Organization, (2022) – The Supreme Court in this judgment ruled that the U.S. Constitution does not give or guarantee the right to abortion. The Court reversed both Roe V Wade and Planned Parenthood V Casey by a 6:3 majority, thereby returning the issue of abortion laws back to the States.
• 2023 – The U.S. Food and Drug Administration issued guidelines declaring that chemical abortion pills could be dispensed by certified pharmacies even in those states that outlaw abortion.

Landmark judgment of Roe v. Wade  

The Pathway to Roe

In most of the states in the U.S. in the 1960s, abortion was illegal. This did not include exceptions in cases of rape or a threat to someone’s life. A number of high-profile cases have highlighted the impact of these restrictions.

In the 1950s, thousands of babies were born with serious birth defects due to their consuming the morning sickness drug thalidomide while they were pregnant. The most well-known among these cases is that of Sherry Finkbine. She was the host of the television program Romper Room and was forced to travel to Sweden to get an abortion. The majority of people supported Finkbine’s decision, as shown by a Gallup Poll. 

Soon after, the thalidomide scandal, which was an epidemic of rubella, also known as German measles, spread across the country. Babies who survived rubella in utero were born with several disabilities, including – heart defects, liver damage, and deafness. The Rubella Vaccine did not become available until 1971.

High Profile doctors like Allan Guttmacher began arguing that situations like these demanded that abortions be treated like a normal medical procedure and that this decision was to be taken between the patient and the physician.

Griswold v. Connecticut (1965)

Public perceptions of abortion were changed by the Thalidomide and Rubella situations. The foundation of the coming revolution in abortion law was laid through a series of cases. The first of these involved the right to contraception, and the story began in the 19th Century.

P.T. Barnum, a Connecticut senator in 1879, introduced a bill that not only barred contraceptives but also the spread of information related to contraceptives. The Barnum Act was still present in Connecticut in 1960. This is when the Food and Drug Administration approved the first oral contraceptive. Estelle Griswold, who was the executive director of Planned Parenthood of Connecticut, was fined $100 for a violation of the law. The Supreme Court heard the appeal.

A seven-justice majority struck down the Barnum Act in Griswold v. Connecticut, (1965). The Bill of Rights included a right to privacy, as explained by Justice Willam O. Douglas, because, when viewed as a whole, it focuses on reducing government interventions. In this judgment, the Griswold majority held that the government could not prevent married couples from accessing contraceptives. This right did not extend to unmarried people at the time. The contention of Griswold was that a zone of privacy is created by the Constitution into which the government cannot enter. This judgment paved the way for Roe, along with other landmark decisions.

Eisenstadt v. Baird (1972)

Two years after Griswold, William Baird, who was a reproductive rights activist, offered contraceptives to an unmarried woman following a lecture on contraception at Boston University. Bard was sentenced to a prison sentence of 3 months.

Baird appealed his conviction in the Supreme Court. Eisenstadt v. Baird (1972), the judgment extended Griswold. William Brennan explained the six-justice majority by saying that the 14th Amendment guaranteed equal protection before the law. There was no reason to treat married and unmarried women differently.

United States v. Vuitch (1971)

Milan Vuitch, a Washington, D.C.-  based physician, was arrested 16 times during the course of 9 nine years for performing abortions that were illegal in the district since 1901 except when it was necessary for the mother’s health or for saving her life. 

Vuith appealed against his eventual conviction, stating that the exception for “health” was constitutionally vague. United States v. Vuitch (1971) – The Supreme Court disagreed, taking a broader view of health, and stated that abortion was legal in the districts wherever necessary so that the mental and physical health of the mother could be protected.

The significance of this judgement was, however, short-lived. Roe V Wade was already finding its way through the courts by the time of this judgment. The justices decided to hear Roe a day after the judgment, in this case, was delivered.

The parties in Roe

In 1969, Texan Norma McCorvey, for the third time, became pregnant. She had previously relinquished responsibility for her two children because of her struggles with drug and alcohol abuse. She, therefore, decided against continuing with the pregnancy.

However, Texas Law only allowed abortion to save the patient’s life. Texas lawyers Linda Coffee and Sarah Weddington filed a suit on her behalf in the federal court under the pseudonym  Jane Roe. McCorvey was six months pregnant at this time.

A legendary and controversial district attorney, Henry Wade, most famous for prosecuting Jack Ruby, who killed JFK’s assassin, Lee Harvey Oswald, had an impressive conviction rate. He was, however, an odd-foil for pro-life activists. He had neither aggressively prosecuted illegal abortions nor said much about them.

The Lower Court

Texas’s abortion ban was struck down by the three-judge panel of the U.S. District Court that had been established for the Northern District of Texas. They found that it was overboard and located the right to reproductive choice in the Ninth  and 14th Amendments. Griswold was cited in this case, and the court noted that the Constitution guaranteed the right of choice over events that bore their character and consequences in a fundamental manner on the privacy of individuals. Although the federal court declared the Texas Law unconstitutional, they declined to immediately block its enforcement. Roe v. Wade, (1973), was put on the fast track to the Supreme Court. 

On June 2, 1970, Norma McCorvey gave birth to a girl, Shelley Lynn, fifteen days before the federal court gave its ruling. Norma McCorvey was adopted when she was three days old. Until 2021, her identity was not known to the public.

Oral Arguments in Roe v. Wade

At the age of just 26, Sarah Weddington stood before the justices of the Supreme Court on December 13, 1971. Her case of abortion was built around the 9th and 14th Amendments. She argued that “meaningful” liberty must include the right to terminate a pregnancy that was unwanted.

The judges were largely receptive to Weddington’s arguments. However, Justice Bryon wanted to know whether the right to abortion was extended till the moment of birth. After a bit of hesitation, Weddington answered in the affirmative. She said that legal personhood began right after birth. Until that moment, the unfettered constitutional right to abortion must be present.

Following this, the Texas Assistant Attorney General, Jay Floyd defended the State Law. He began with a highly inappropriate joke which was followed by three seconds of dead silence. He said that when a man argues against two beautiful ladies that he was arguing against, the ladies would always have the last word.

There was one witty moment during his argument. Folyed argues that when a woman becomes pregnant, she has already made a choice. Justice Potter Stewart shot back at him by saying that in all probability the woman makes a choice when she decides to live in Texas. This retort brought roars of laughter from the gallery.

The oral arguments given in this case focused little on the history of abortion laws during the founding or the post-civil War era. The 14th Amendment was ratified during this time. The justices focused more on the Constitution and the biological realities of abortion. 

Interestingly, Justice Harry Blackmun wrote the majority opinion in Roe v. Wade speaking only twice during the oral arguments. Justice Thurgood, in sharp contrast, spoke ten times, Justice White and William Brennan more than twenty times, and Justice Stewart spoke more than thirty times. This was probably because he was initially more inclined to write a more restrained opinion than what he wrote.

The opinion in Roe v. Wade

On January 22, 1973, the Supreme Court gave its decision. Out of nine judges, seven agreed that the Due Process Clause of the 14th Amendment, which said that no state would deprive any person of their life, liberty, or property without due process of law, implied the right to privacy. Weddington’s definition of liberty was seized by the majority, whilst they cited a series of prior cases indicating that liberty has to be interpreted broadly in a free sociewhoty.

However, it was stated by the Justices that the States would have the power to place some limits on abortion, if necessary to further a compelling state interest. The ability of the state increased with the progress of pregnancy. After a foetus reaches viability, the state could prohibit abortion except when it was essential to protect the life or health of the mother.

Justice Rehnquist and White did not agree. Rehnquist resented by saying that privacy in the constitutional sense of illegal search and seizure had nothing to do with abortion. He observed that since bans on abortion implicated no fundamental rights, thus they should only have a rational basis such as the protection of a foetus. It was stated by him that only the recognizable rights not explicitly listed in the Constitution were those rights that were deep-rooted in the American Legal Tradition.

The Law After Roe v. Wade

• Planned Parenthood v. Danforth, (1976) – The Justices in this judgment blocked a law that requires spousal consent for abortion.
• H. L. v. Matheson, (1981) – It was upheld by the Court in this judgment that parental notification was required when the patient was a minor living with her parents.
• Akron v. Akron Ctr. for Reprod. Health, (1983) – In this judgment, the judges invalidated a wide range of limitations on abortions. These included a waiting period, a ban on abortions outside the hospital after the first trimester, and consent of the parents without judicial bypass. 
• Hill v. Colorado, (2000) – This judgment upheld the law that limited protesting and leafleting close to an abortion clinic.
• Stenberg v. Carhart, (2000) – In this judgment, the Court struck down Nebraska’s ban on the dilation and extraction abortion procedure.
• Gonzales v. Carhart,  (2007) – The Court in this judgment upheld a federal ban on the dilation and extraction procedure.

The overturning of Roe v. Wade

Dobbs v. Jackson Women’s Health Organization, (2022), was a Supreme Court decision. It was passed in 2022, overturning Roe v. Wade as well as Planned Parenthood of Southeastern Pennsylvania v. Casey. These judgments asserted that abortion was a fundamental right available to women prior to the viability of the foetus. The Supreme Court in Dobbs v. Jackson stated that the Constitution does not confer a right to abortion. The authority regulating abortion was returned to the elected representatives of the people.

Facts of the Case

The Mississippi’s Gestational Age Act, prohibited abortions after 15 weeks except in cases of medical emergencies or severe fetal abnormalities. The application of penalties like license suspension to abortion providers was also applied under this Act. The Jackson Women’s Health Organization as a consequence filed a suit in a federal court challenging the validity of this Act. Thomas Dobbs who was the petitioner in this case was a Mississippi State Health Officer. He filed a petition for Certiorari which was granted. The Supreme Court allowed the writ with the purpose of addressing the question of whether every pre-viability prohibition on elective abortions was to be deemed unconstitutional.

Arguments

In this case, Dobbs argued that the Constitution does not provide a right to abortion. The states could freely ban abortions in cases wherethere where rationally related to legitimate government interests. Emphasis was put on the text of the Tenth Amendment, which denied the states the power to make treaties without directly denying them the power to restrict abortion. It was also argued that liberty, as written in the 14th Amendment, only implicated those fundamental rights that were deeply ingrained in U.S. History and tradition. The state of Mississippi further argued that abortion was not a fundamental right since many states at the time of the 14th Amendment had bans on abortions. They also contended that the “viability line” prevented a state from protecting its interests and that it was too subjective or arbitrary. 

The Jackson Women’s Health Organisation, in contrast, argued that abortion was grounded in the Fourteenth Amendment while asserting that physical autonomy and body integrity were essential elements of liberty that were protected by the Due Process Clause. Contraception, for example, was included in the word “liberty”. They also said that a woman’s right to abortion was part of the common law tradition. Women’s Health also pointed out that the viability line was uniformly applied by the Federal Courts.

Decision

Justice Alito in this judgment wrote the majority opinion. He was joined by Justices Thomas, Barett, Kavanaugh, and Gorsuch. The Court in this case gave the explanation that the important question here that was to be answered was whether the Constitution, when properly understood, conferred a right to abortion. Firstly, the Court stated that the Constitution made no express references to abortion. The Court’s precedent in this case held that state regulation of abortion was not a sex-based classification. It would therefore not be subjected to heightened scrutiny.

The Court then established that abortion was not deeply rooted in America’s history and traditions. They also elaborated that the Due Process Clause protected only two types of substantive rights those guaranteed by the first Eight Amendments and those deemed fundamental. The Court stated that at the time the 14th Amendment was adopted, three-quarters of the states had made abortion illegal during any stage of pregnancy. The Court stated that this was true until the judgment passed in Roe v. Wade. The Court stated that the judgment in Roe v. Wade “either ignored or misstated this history”.

The Court also explained in its decision that the people of different states could evaluate the interest between “potential life” and a “woman who wants an abortion” differently from that of the Court. Lastly, the Court concluded by stating that abortion was not part of a broader encroached right and that justifying this premise “proves too much”. The Court also stated that linking abortion to a right of autonomy would also license other fundamental rights like the use of drugs, prostitution, etc.

Implications

The implications that came out of this judgment were that each State could regulate abortions for legitimate reasons. If those laws were challenged under the Constitution, they would be entitled to a strong presumption of validity.

Abortion Access by Each State

Alabama

The state of Alabama has banned abortions except in situations where abortion was necessary to prevent a serious health risk to the mother of the unborn child.

The State Law exempts patients from prosecution. In reaction to the recent Food and Drug Administration ruling, the State Attorney General has given indications that he would pursue prosecution against providers under the Human Life Protection Act.

Alaska

Abortion is legal throughout the period of pregnancy of the mother.

Arizona 

Abortion is legal up to a period of 15 weeks in Arizona. A law in Arizona is currently blocked 

That would ban abortion in all cases except to save the life of a woman who is pregnant. In a ruling given by the Arizona Court in December 1864, the law banned nearly all abortions which the Arizona Court of Appeals has declined to repeal and cannot be used to prosecute licensed providers. Kattie Hobbs of the Democratic Government in June 2023, signed an executive order that resulted in the addition of protection of abortion providers in Arizona. It was also stated in the order that Hobbs would deny extradition requests from states that seek to prosecute those people who provided, seek, assisted, or received abortion services. Lastly, the order also gave the Democratic Attorney Kris Mayers, the power to handle every abortion-related prosecution in Arizona.

Arkansas

Abortion in Arkansas is banned except in cases of medical emergencies when it is essential to save the life of a woman who is pregnant.

California 

Abortion in California is legal up to fetal viability. 

Voters in California passed a state constitutional amendment that stated that the state would not interfere, or deny a person’s reproductive freedom and not interfere with decisions that were most intimate to them. This amendment enshrines the right to abortion and that of contraceptives. However, it is not clear as to whether it would override the current restrictions. California has also launched a hotline that would provide callers with legal help surrounding abortion.

Colorado

In Colorado, abortion is legal throughout the pregnancy.

Jared Polis of the Democratic Government on April 14 signed the Senate Bill 23-190, into law that aimed to make Colorado a safe haven for all those women seeking an abortion, puberty-blocking medications, and gender-affirming surgery without fear of prosecution.  Colorado along with Illinois offers reproductive rights to residents of conservative states on three sides. This is according to the Associated Press. Colorado has become the first state to ban the prescription of progesterone as a reversal of abortion. It is illegal to approach any person within 100 feet of a Colorado health facility due to a state “bubble law”. It also includes abortion clinics. This law is being challenged in a federal lawsuit.

Connecticut

Abortion in Connecticut is legal up to the period of fetal viability.

Delaware

Abortion in Delaware is legal up to the period of fetal viability.

District of Columbia

Abortion in the District of Columbia is legal up to the period of fetal viability.

Florida 

Abortion in the state of Florida is legal for up to 15 weeks of pregnancy. 

Those seeking abortion pills in Florida have to seek a physician in person 24 hours before the procedure, and they must take some medication in the physician’s presence. This means that the state will not allow pharmacists alone to remotely fill prescriptions for abortion pills. This is despite the recent Food and Drug Administration ruling. The Florida Supreme Court will hear the legal challenges to the state law banning abortions after a period of 15 weeks in September, but until then the bans will remain in effect. However, if the Florida Supreme Court upholds the 15 weeks ban, then a six-week ban will take place 30 days later. This is because of a bill signed in April 2023 by Ron DeSantis of the Republican Government.

Georgia

Abortion is legal up to the detection of a fetal heartbeat. This is as early as the first six weeks of pregnancy.

The Supreme Court of Georgia reinstated a ban a few days after a lower court had made abortions legal up to 22 weeks of pregnancy. However, the State Supreme Court, in early April, heard arguments that the ban was void because of invalidating precedent when it passed. 

Hawaii

Abortion in Hawaii is legal up to the period of fetal viability.

Josh Green of the Democratic Government signed a bill into law that expanded abortion access by a number of measures. The new law removed the requirement that abortions take place in a hospital or clinic. This expanded access to medically assisted abortions, which in most cases happen at home. It has now become legal for medical providers that include physical assistants to perform the procedure only in situations where the doctors or nurses were previously allowed to do so. Also, for out-of-state patients, additional protection has been provided.

Idaho

Abortion in Idaho is banned except in cases of rape or incest that have been reported to law enforcement or when it is necessary to prevent the death of a woman who is pregnant.

Earlier this year, the Idaho Supreme Court ruled that access to abortion was not a fundamental right in the Constitution of the State. Brad Little of the Republican Government in April, made it illegal for an adult to help a minor to get an abortion without the consent of the parents. Opponents in Idaho say that they would mount a legal challenge to the law which would be the first of its kind in the U.S.A.

Illinois

Abortion in Illinois is legal up to the point of fetal viability.

The state lawmakers in the month of January 2023, approved additional protections for the procedure that would ensure abortion providers and out-of-state patients would not be prosecuted across state lines.

Indiana

In Indiana, abortion is legal up to 22 weeks of pregnancy of the mother.

An Indiana Judge in September 2022 blocked the enforcement of a law that would ban abortion with very limited exceptions. This was due to arguments that the ban violated the Constitutional right to privacy.  In June, after getting elevated to the Supreme Court, it was held that the ban was not in violation of the Constitution and thus was upheld. The case once again has been pressed back to a county judge. However, if the ban takes effect then all abortion clinics would lose their license and in all cases, abortion would be banned except in cases of rape, incest or to protect the health of the mother and in cases of fetal abnormalities. It has been shown by data that Indiana’s abortion rate significantly dropped at the end of 2022 due to confusion and staff shortages at clinics.

Iowa

Abortion in Iowa is legal up to 22 weeks of pregnancy.

There has been the detection of a law that would make abortion illegal after the detection of a fetal heartbeat. This is likely to take effect from mid-July and pending a signature from Kim Reynolds of the Republican Government. The new ban has met with some legal challenges.

Kansas

In Kansas, abortion is legal up to 22 weeks of pregnancy of the mother.

In a statewide referendum in August 2022, the state voted for the right to uphold  abortion. A state judge blocked Kansas in November from enforcing a ban on telemedicine for abortion care. This is now available in the state. The lawmakers of Kansas have recently Passed several bills including House Bill 2313, that could prosecute abortion providers for not providing enough care to infants who are born alive during abortion procedures. House Bill 2264, is a Bill that would require providers of medical-assisted abortion to inform patients that the procedure can be reversed after its start. Laura Kelly of the Democratic Government vetoed both these Bills but the lawmakers of Kansa have the power to override her veto. 

Kentucky

Abortion in Kentucky is banned except in those cases when it is to prevent death or there is a substantial risk of death due to the presence of a physical condition or to prevent the serious impairment of a life-sustaining organ of a woman who is pregnant.

In November 2022, voters of Kentucky rejected a ballot proposal amending the state constitution to explicitly state that there is no right to abortion in Kentucky.. A federal court ruled in December on the enforcement of a buffer zone around healthcare centers per city ordinance in Louisville infringed on protestors’ First Amendment Rights.

Louisiana 

In Louisiana abortion is banned except in situations where there is a medical emergency or if the pregnancy is medically futile for the mother.

In May, The Lawmakers rejected legislation that would have added exemptions in cases of rape or incest to the state’s ban.

Maine

Abortion in Maine is legal up to the period of fetal viability.

At this point in time, Maine’s state law has an exception allowing abortion after fetal viability which is typically at 24 weeks, in cases where it is essential to save the life or protect the health of the mother. However, Janet Mills is likely to sign a bill into law where the exception would be expanded to include cases where the physician thinks abortion would be necessary. If this is successfully enacted, then Maine would be one of the states with the least restrictive abortion policies in the USA.

Maryland

Abortion in Maryland is legal up to the period of fetal viability.

A constitutional amendment enshrining the right to abortion successfully passed the Maryland House and Senate. This means that it will go before the voters in November 2024. In May, Wes Moore of the democratic government signed a series of additional protections into law which included protections for abortion providers and givers, a data privacy bill, and also another bill that would ensure access to contraception and abortion for those students who attend public colleges or universities in Maryland

Massachusetts

Abortion in Massachusetts is legal up to 24 weeks of Pregnancy.

Michigan

Abortion in Michigan is legal up to the period of fetal viability.

On the day of the election, the voters enshrined the right to abortion via an amendment to the state Constitution. This rendered the pre-Roe abortion ban unconstitutional. 

Minnesota

Abortion in Minnesota is legal up to the period of fetal viability.

Following a month into the state’s new legislative session, Tim Walz of the Democratic Government signed a Bill into law that established that every individual had the fundamental right to make autonomous decisions about their own reproductive health in Minnesota. 

Mississippi

Abortion in Mississippi is banned except when it is essential to protect the life of the mother or when the pregnancy has been caused by rape that has been reported to law enforcement.

Tate Reeves of the Republican government signed into law a measure that would ensure access to Medicaid for one full year after giving birth. This is an increasingly common move in the Red States. The governor has also recently signed additional bills to improve foster care, adoption services, and care for pregnant women. As of 2020, Mississippi has the highest infant mortality rate. This is according to the Centre for Disease Control and Prevention.

Missouri 

Abortion in Missouri is banned except in medical emergencies.

Missouri voters in 2024 could decide whether to enshrine abortion rights as well as access to birth control in the State Constitution. However, this process has been severely delayed. This is because of the several debates over what they would cost the taxpayer.

Montana 

In Montana, abortion is legal up to a period of 15 weeks of pregnancy.

The situation in Montana is volatile. This is because Planned Parenthood has challenged several of the laws, and several others are temporarily blocked.

• House Bill 721 – The Bill became effective on May 16, after being signed by the Governor. This banned the most common abortion procedures which included dilation and evacuation procedures after 15 weeks of gestation. However, this has been temporarily blocked by a Judge from taking effect.
• Senate Bill 154– The right to abortion is not included under the right to privacy in the State Constitution.
• House Bill 575 – According to this Bill, abortion providers have to provide how they calculate gestational age and viability. The patients also require to get an ultrasound before undergoing the procedure.
• House Bill 625 – House Bill 625 states that life-saving care has to be provided to newborns after attempted abortions. 
• House Bill 544 – This Bill states the essential requirement to get prior authorization if they claim Medicaid insurance to cover abortion. The law was to take effect from July 1.

Nebraska

Abortion in Nebraska is legal up to a period of 12 weeks of pregnancy.

A bill making abortion illegal at 12 weeks was passed by Nebraska Lawmakers. The bill also prohibits gender-affirming care for minors in Nebraska. The ACLU is suing to block the law and has been adjourned for a year.

Nevada

Abortion is legal up to a period of 24 weeks after pregnancy.

A bill strengthening protections for out-of-state patients and for abortion providers that would treat them has been signed into law in May by Joe Lombardo. 

New Hampshire

Abortion in New Hampshire is legal up to 24 weeks of pregnancy.

The Senate of New Hampshire recently rejected a Bill that would codify the right to abortion into state law. This was argued by some as already protected by the law of the State. The Legislators in the House also tabled a Bill that repealed the abortion ban at 24 weeks of pregnancy.

New Jersey

Abortion in New Jersey is legal throughout the pregnancy. Awards of $15 Million would be provided to healthcare facilities that provide abortion services in the form of zero-interest loans and grants for updated security and facility improvements.

Nex Mexico

Abortion in New Mexico is legal throughout the pregnancy. 

Michelle Lujan Grisham of the Democratic Government recently signed a Bill into law overriding local lawmakers who attempted to limit access to abortion. The Supreme Court of the State also blocked local ordinances from taking effect in March. 

New York

Abortion in New York is legal up to the period of fetal viability.

New York City in mid-January became the first U.S State to offer free abortion pills at a city-run health clinic. This was done in an effort to reduce the number of barriers to care in low-income communities. 

North Carolina

Abortion in North Carolina is legal up to 12 weeks of pregnancy.

Since July 1, most abortions are legal for up to a period of 12 weeks, as opposed to the previous 20 weeks. Ray Cooper attempted to veto the Bill, but lawmakers successfully overrode it. 

North Dakota

Abortion in North Dakota is banned with a limited number of exceptions.

Doug Burgum signed legislation in April banning abortion throughout pregnancy, with the exceptions of rape, incest, or medical emergencies being applicable only in the first six weeks.

Ohio

In Ohio, abortion is legal up to 22 weeks of pregnancy of the mother.

A law banning abortion after six weeks of pregnancy has been paused. The pause has been extended indefinitely. 

Oklahoma

Abortion in Oklahoman is banned except in cases where it is essential to protect the life of a woman or if the pregnancy caused is due to rape, incest, or sexual assault that has been reported to law enforcement.

The past few months have however seen a debate over when an abortion is actually considered necessary. Also who is allowed to make this call is a question of debate.

Oregon

Abortion in Oregon is legal throughout the period of pregnancy

The lawmakers in June passed updated requirements that outlined when parents should be notified in cases where the child was seeking abortion care.

Pennsylvania

Abortion in Pennsylvania is legal up to 24 weeks of pregnancy.

Rhode Island

Abortion in Rhode Island is legal up to the period of fetal viability.

Dan Mckee recently signed a bill into law allowing state funding to support health insurance covering abortions for state workers and Medicaid recipients.

South Carolina

Abortion in South Carolina is legal up to 22 weeks of pregnancy.

South Dakota 

Abortion in South Dakota is banned except in cases when it is essential to save the life of the woman who is pregnant.

Tennessee

Abortion in Tennessee is banned except in cases when it is essential to save the life of the woman who is pregnant 

Bill Lee in April signed a bill allowing doctors to use reasonable medical judgment during an abortion to save a mother’s life. 

Texas

Abortion is banned except in those cases when a life-threatening condition is caused by the injury.

Utah

In Utah, abortion is legal up to 18 weeks of pregnancy of the mother.

The trigger ban of the state would prohibit abortions throughout pregnancy except in those cases related to incest, rape, or severe abnormalities.

Vermont

Abortion in Vermont is legal throughout the period of pregnancy.

Virginia

Abortion in Virginia is legal up to the third trimester.

Washington

Abortion in Washington is legal up to the period of fetal viability.

Washington state officials have stocked up on a three-year supply of mifepristone ensuring access that would prompt several other states to stockpile as well.

West Virginia

Abortion in West Virginia is banned with exceptions for rape, and incest, which is applicable for a period up to eight weeks and up to a period of 14 weeks for those under 18.

Wisconsin

Abortion in Wisconsin is effectively banned.

Wyoming

Abortion in Wyoming is legal up to the point of fetal viability.

The Ongoing debate surrounding abortion law in the USA 

• The majority of the public in the United States has disapproved of the judgment of the Supreme Court to overturn Roe v Wade. Nearly six in ten adults amounting to 57 percent disapprove of the Court’s decision that the Constitution of the U.S. does not grant a right to abortion and that the laws of abortion can be set by the states. 43 percent strongly approve according to the summer survey and about 4 in ten approve and 25 percent strongly approve.
• Most women amounting to nearly 62 percent disapprove of the Court’s decision that ended the federal right to abortion. More than twice the women strongly disapprove of the Court’s decision in overturning Roe v. Wade. The opinion among men though is more divided with 52 percent of the people disapproving while the other 47 percent of the people approving.
• According to the Summer Survey, six in ten people say that abortion should be legal in all or most cases. 29 percent of Americans say that it should be legal in all cases while 33 percent of  Americans say that it should be legal in most cases. A third of U.S. adults amounting to 36 percent are of the view that abortion should remain illegal amounting to 8 percent or in most cases amounting to 28 percent.
• The number of Americans taking an absolutist view on abortion is relatively few. They either oppose it or support it completely, regardless of the circumstances. 
• Religious divides in the views of whether abortion should be legal are wide, as found by the Summer Survey. Religiously affiliated adults stood at an overwhelming 83 percent, and they were of the view that abortion should be legal in all or most cases. This view was also shared by six out of ten Catholics. Protestants, however, are divided in their views. 48 percent are of the view that abortion should be legal in most cases, while 50 percent say that abortion should be illegal in most cases. When it comes to Black Protestants, the majority, amounting to 61 percent, take the position that abortion should be legal in all or most cases, while three-quarters of White evangelicals, amounting to 73 percent, say that it should be illegal in all or most cases.
• Catholics are divided among religious and political lines in their views and opinions towards abortion. Catholics attending masses are the strongest opponents of abortion being legal. They don’t believe that life begins at conception and that the foetus has rights. 
• It has been observed that women 66 percent of women are more likely than men to say that abortion should be legal in most or all cases. 

More than half of the adults in the U.S.A which include 60 percent of men and 51 percent of men are of the view and opinion that women should have a greater say than men in the role and the setting of abortion policy. A very minimal number amounting to 3 percent of U.S adults are of the view that men should have more say than women in abortion policy.

Conclusion

The Judgment given in Dobbs v. Jackson Women’s Health Organization is not the end of the road to abortion in the U.S.A. The opponents of abortion have continuously worked towards broadening more restrictions. Reproductive rights advocates on the other hand are backing efforts to make abortion more accessible in the states where it is legal and also in an effort to keep options open for patients in the State having bans. 

When it comes to the opponents of abortion, these opponents are working to restrict use of abortion medication. The Anti-Abortion Alliance for Hippocratic Medicines has sought to rescind the approval of mifepristone by the Food and Drug Administration, through a federal lawsuit.  These opponents also continue to work on legislation targeting websites offering abortion medication and also the out-of-state doctors prescribing pills and private citizens who help to obtain them.

Abortion Rights advocates on the other hand are working on ways to expand access. 15 states and the District of Columbia have passed “shield laws” protecting the providers of abortion and patients from investigations and prosecutions by the authorities in the states that have bans. An increased number of states shield doctors prescribing abortion medication by telehealth to patients in those states where abortion is banned. Including Washington, authorities of several of the states have amassed mifepristone in case it becomes unavailable.

There are some abortion rights advocates who have remained optimistic for a long time. However, they express deep concern over the coming months and years.

Frequently Asked Questions (FAQs) 

What is the legal status of abortion in the U.S.A?

After the decision of Dobbs v. Jackson Women’s Health Organization, the legal status of abortion varies from state to state. There are a handful of states that protect the right to abortion throughout  pregnancy. On the other hand, states such as Texas and Mississippi have triggered bans to outlaw abortion as soon as the Supreme Court overturned Roe v. Wade. Few states could reinstate abortion bans that were previously in place or laws that were unconstitutional during the period when Roe v. Wade was established into the law.

Does a foetus have any rights?

The Constitution of the U.S.A only guarantees rights only to “people”. The judgment given in Roe had established that foetuses and embryos have no rights until they attain “personhood”. However, Courts and legislative bodies have faced struggles with determining the exact moment when the foetus becomes a person. Health care providers and lawmakers for almost 50 years have relied on the conclusion of the Supreme Court that a foetus becomes a person when it is outside the womb of a person.

Abortion opponents, post-Roe however, have argued that foetuses should have the same rights as that of a person. If enacted, “fetal personhood” laws could have a profound impact on abortion care.

Who gets abortions in the U.S.A?

Most women undertake abortion procedures in their first trimester of pregnancy. 43 percent of abortions take place during the first few weeks after the woman finds out that she is pregnant. 92 percent of abortions occur during the first 13 weeks.

Most people in their 20s undergo abortion procedures. This number amounts to 57 percent according to the CDC. In comparison the number of teens getting abortions only amounts to nine percent and the number of women getting abortions over 30 amounts to 35 percent.

Patients of color and low-income patients are most affected by the bans on abortion.

If a girl is under the age of 18 does she need parental consent to have an abortion?

The requirement for minors to get parental consent before having an abortion varies from state to state. There are a few states that actively require parental consent for people who are under 18 with exceptions for incest, abuse, and neglect. Usually, this includes the involvement of one parent, although some states require parental consent of both her parents.

There are other states having parental consent laws that have currently not yet been enforced. A handful of states have no requirement of parental consent, although physicians often use their discretion on whether they should notify the parents of a planned abortion.

Does Medicaid or private insurance cover abortions?

The insurance coverage for most women who are in their reproductive age is heavily restricted in certain insurance plans and also in public programs like Medicaid and Medicare.

Federal law has restricted abortion funding under the Indian Health Service, Medicare and the Children’s Health Insurance Program. Language similar to the Hyde Amendment has been incorporated into a range of other federal programs providing or paying for health services. These include women in the military’s TRICARE Program, the Peace Corps, and the Federal Employees Health Benefits Program.

Is the use of birth control legal in the United States?

Birth control is legal everywhere in the United States. According to Guttmacher however, there are several states that allow doctors to refuse to prescribe or describe contraceptives. The Court overturning Roe v. Wade does not mean that it would reinstate its previous methods of birth control.

Some legal experts have however raised concerns that justices could apply the overturning of the Roe v. Wade judgment to limit access to contraceptives. Those supporting birth control access are of the view that legislators could use the abortion ban to make birth control less accessible.

The two forms of abortion pills available namely – Plan B and Ella work in  different ways to prevent the occurrence of fertilisation. Both prevent or delay ovulation. They allow the sperm in the reproductive tract to die out.

Are partial-birth abortions legal in the United States?

Partial-Birth abortions are a controversial procedure to end a pregnancy through a method that partially delivers an intact foetus before aborting it. It is known a Standard Dilation and Evacuation

More than a dozen states have banned partial birth abortions, with a few banning them after viability.  Exceptions are there for those pregnant women whose life are in danger

In a case where the father wants an abortion but the mother wants to keep the baby, does the father have any say in the matter?

In most cases, men don’t have the legal right to determine whether their partner can seek an abortion or not. Although men have the same rights as women, when it comes to legal rights related to abortion, men are not “similarly situated”.

In a few states, not requiring the father’s consent is seen as a safety measure. For example, if a woman is in a relationship where she faces domestic abuse, then she might be feared to reveal the pregnancy to her partner because of fear of getting hurt as a result.

In the U.S.A. is there a mandatory waiting period between seeing  a Counsellor and seeking an abortion?

In several states, a person can schedule an abortion the following day after seeing a counselor. Many states, on the other hand, have waiting periods of mostly 24 hours, but in some cases 72 hours before one can have the abortion procedure.

Waiting periods are given to the patient to learn information about abortion procedures and health risks from the provider. In selected states, counsellors have to give a person who is more than 20 weeks pregnant, information on the foetus’s availability to feel the pain.

What is the view of U.S. Citizens on abortion?

Most Americans are in support of abortion access while also supporting some restrictions on its availability. Americans are most supportive of those women who have been raped or face serious health concerns about continuing with the pregnancy. 

People are of the opinion that politicians should not have a say in abortion bans, but women in consultation with their doctors should have a say on abortion access.

References 

• https://www.ourbodiesourselves.org/health-info/u-s-abortion-history/
• https://privacylibrary.ccgnlud.org/case/roe-vs-wade
• https://www.law.cornell.edu/wex/dobbs_v._jackson_women%27s_health_organization_%282022%29
• https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf
• https://www.theguardian.com/us-news/ng-interactive/2022/jun/28/tracking-where-abortion-laws-stand-in-every-state
• https://www.kff.org/womens-health-policy/report/key-facts-on-abortion-in-the-united-states/

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