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The history of abortion law in the United States dates back to the colonial era. Abortion was generally legal during the early stages of pregnancy until “quickening,” which refers to the first movements of the fetus that could be felt by the mother. However, by the mid-1800s, states began passing laws criminalizing abortion except when necessary to save the life of the mother.
The landmark Supreme Court case, Roe v. Wade (1973), was a turning point in the development of abortion law in the United States. The case involved a woman named Norma McCorvey, who was seeking an abortion but was denied under Texas law. The Supreme Court ruled that the constitutional right to privacy extended to a woman’s decision to have an abortion and that this right was protected by the Due Process Clause of the Fourteenth Amendment.
Under Roe, states were prohibited from banning abortions before the point of viability, which is typically around 24 weeks of pregnancy. However, the Court also held that states could regulate abortions after viability as long as they provided exceptions to protect the health and life of the mother.
Since Roe, there have been many attempts to limit access to abortion. In 1992, the Supreme Court heard a case called Planned Parenthood v. Casey, which reaffirmed the basic principles of Roe but allowed states to regulate abortion as long as they did not impose an “undue burden” on a woman’s right to choose.
Dobbs v. Jackson Women’s Health Organization is a recent landmark case that could potentially have a significant impact on abortion laws in the United States. The case centers around a Mississippi law that bans most abortions after 15 weeks of pregnancy, with exceptions only for medical emergencies or fetal abnormalities.
The overturning of Roe didn’t make abortion illegal nationwide. Abortion remains legal in most U.S. states, but those with trigger laws to restrict abortion with Roe and Casey overturned instantly did so.
Below is the map created by Reddit user academiaadvice that shows a change in monthly abortions since Roe v. Wade overturned.
According to the Society of family planning, the average number of abortions performed each month changed from 82,270 in April and May 2022 to 77,073 from July through December 2022, a decrease of nearly 65%.
Texas, Alabama, and Tennessee had the most substantial declines in absolute numbers of abortions. The number of abortions in neighboring states that do not have strict gestational limits for elective abortions, in contrast, has increased markedly.
