Abortion became legal in the United States in 1973 after the Supreme Court's
decision established a federal right to the procedure. Roe ruled the right to an abortion before fetal viability is protected by the Fourteenth Amendment of the U.S. Constitution particularly under the provision of "liberty," which also safeguards individual privacy. In June 2022, the
overturned the historic Roe v. Wade ruling, ending 50 years of constitutional protection for abortion. Opinion polls throughout 2022 found that the public strongly opposed overturning the Roe v. Wade ruling and a 2023 Gallup poll found the proportion of
is more than half. Although a recent poll indicated that Americans largely view abortion as a matter of individual rights and freedoms, there are
Abortion legalization
The overturning of Roe v. Wade had profound and immediate consequences and prompted a wave of state legislative activity across the nation. Abortion is currently restricted based on gestational age in 27 states, with prohibitions spanning from six weeks to more than 24 weeks. In 14 additional states, abortion is banned with narrow exceptions. As of May 2024, the U.S. Supreme Court has two significant pending cases to decide on, one of which concerns
access to the abortion drug mifepristone. The court’s decision will impact access to medication abortion through telemedicine; the other case pits Idaho state law against federal law and centers around medically necessary abortion under the Emergency Medical Treatment and Active Labor Act (EMTALA).
Globally, studies have shown that restrictive abortion laws do not end abortion, but instead force women to seek the procedure outside of the healthcare setting which could be unsafe. A considerable majority of Americans
oppose a law that bans medical abortion, and polls suggest that most Americans are dissatisfied with the patchwork of abortion policies and want less strict laws.
Exceptions to abortion
Americans who
favor restricting abortion nevertheless hold diverse views when it comes to exceptions to abortion. Polls indicate that while there is
support for abortion exceptions even among the anti-abortion group, with a significant majority supporting exceptions in cases of rape, incest, or threats to the woman’s life, opinions diverge on other circumstances. However, despite the exceptions that exist in states that have otherwise banned abortion, there continue to be major barriers to access even if the requirements to qualify for these exceptions are met. Healthcare providers might refuse to provide care as they are reluctant to take legal risks due to ambiguous laws, women who seek the procedure as a result of sexual assault must often first report the crime to law enforcement, and minors may require parental consent to access abortion. These barriers mean patients must travel to states in the U.S. where abortion is still broadly legal. Abortion rights supporters and medical experts alike have consistently emphasized that abortion exceptions are ineffective in real-world situations.
Key issue in the 2024 elections
Abortion has emerged as one of the most contentious issues on the ballot for U.S. elections. Voters have demanded Presidential and Congressional candidates clarify their stances on abortion policies.
Biden and Trump hold starkly contrasting positions on abortion that could significantly impact the election outcome. For Democrats, the focus is on protecting and restoring abortion rights. Democratic candidates are advocating for federal legislation to protect abortion rights, aiming to pass the Women’s Health Protection Act bill, which will override restrictive state laws. While many Republican candidates cater to the anti-abortion movement by pushing for stricter laws, Republicans are navigating a complex landscape as they must also address the concerns of moderate voters who favor abortion access to some degree. The
2024 U.S. Presidential elections may turn out to be a pivotal moment for abortion and reproductive rights in the United States.
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