US states are facing changes in their abortion laws nationwide. Currently, 21 states are either altering their laws to restrict or entirely ban the medical procedures. Many states are restricting at what point in the pregnancy a patient’s abortion can be done.
States seem to be looking to change laws rapidly after the Supreme Court decision that abortion is no longer a federally recognized right.
Roe v. Wade and Nationwide Change
The Federal overturning of Roe v Wade happened in 2022. Roe v Wade was a Supreme Court case involving the State of Texas and a female citizen under the alias of “Jane Roe.’
“Jane Roe” was denied the right to an abortion in 1969 due to there being no medical reasoning. During the time of the case, the majority of US states nationwide banned and or restricted the right to abortion.
However, states made for a few cases, such as medically necessary abortions. The state of Texas at the time only deemed abortions a legal right if done to save the mother’s life.
This restriction led to many women choosing to have ‘illegal’ backdoor abortions. Moreover, backdoor abortions resulted in many nationwide cases of injuries to mothers and surviving children and or unnecessary death.
The court decided in 1973 that abortion was a federally protected right. Seven of the nine presiding judges ruled in favor of “Jane Roe.” Furthermore, the decision came due to federally granted right for American citizens under the 14th Amendment liberty clause.
The clause states that no state has the right to instate laws that infringe on the “liberties” and “immunities” of American citizens nationwide.
Further, ruling stated that it is the choice of the pregnant woman to terminate or continue the pregnancy until the point of fetal viability.
Although abortion was at the time a federally seen right across the country, it was still hard to get abortions under certain circumstances.
Reproductive Rights in Florida
Across the Nation, States like Florida and Arizona currently deal with reproductive rights changes. On May 1 the Floridian government set into place an abortion ban. The ban will make abortions past six weeks illegal in the state.
According to the Guttmacher Institute, a reproductive health research organization, Florida’s abortion providers performed around 84,000 abortions last year. Also, 2023 data showed more than 9,000 abortions were performed on people from out of state.
However, there was an influx of abortions done in 2020 and 2023, around 9,000 more. Further, according to Guttmacher’s data, around 60% of the increase was from out-of-state patients.
Data also showed that about 60% of those who receive abortions in Florida had them performed after the six-week mark. The closest abortion clinic for Florida citizens past six weeks of pregnancy is now in North Carolina, states away. North Carolina currently bans abortions being done after 12 weeks.
Clinics in Florida tried to fit as many patients into appointments as possible until the ban was enacted. Some clinics across Florida even added to their hours for April. Clinics found themselves booked full from one to three weeks in some cases.
A patient is also required to have an in-person consultation at least 24 hours before an abortion is performed.
Following the six-week abortion ban, Florida’s Supreme Court is preparing a ballot measure in November. The vote results would either put abortion rights in Florida’s constitution or not. If the measure passes, then the six-week abortion plan will be deemed unconstitutional in Florida. Then, the state’s abortion laws will revert to measuring a fetus’ viability. The law change will make abortion legal in Florida up to around 24 weeks.
Across the Nation
The predominant views on abortion and how it is dealt with on a legal level are different in every state. The South takes a more predominantly conservative stance, and you will find many states that have strict abortion laws that only apply to life-threatening issues. However, there are states across the nation that have some of the strictest abortion laws in the country.
For example, Indiana is considered the reddest state in the Midwest. Abortion in Indiana, similar to states like Alabama and Arkansas, is currently banned in most instances. The only exemption is medical emergencies.
Yet, many on the East Coast, West Coast, and the Midwest states tend to have more lenient laws. Most of the states allow for an abortion till a fetus is viable, or 22-24 weeks.
Arizona is currently one of the states dealing with voting over the subject of abortion. The Arizona Supreme Court is presently repealing a 160-year-old law that made abortion virtually banned in the state previously. Exceptions were only made for medical emergencies. Furthermore, under the repealed law, abortion providers were also liable to face two to five-year prison sentences.
The repeal, if signed by Arizona Governor Katie Hobbs if signed will allow for 15 week limits on abortions. However, the law doesn’t make notable exceptions for incest or rape. The nation is currently going through it’s most recent nation abortion law changes.
Written By AriAnna Rathers
Sources:
The Guardian – Kamala Harris invokes ‘fight for our freedom’ as Florida six-week abortion ban takes effect, By Carter Sherman
NY Times – Tracking Abortion Bans Across the Country, By NY Times Staff
Center for Reproductive Rights – Roe v. Wade, By Center for Reproductive Rights Staff
CNN – Arizona Senate votes to repeal Civil War-era near-total abortion ban, By Arit John
Featured Image Courtesy of Victoria Pickering’s Flickr – Creative Commons License
Inset Image Courtesy of Victoria Pickering’s Flickr – Creative Commons License