The History of Abortion Legislation in the USA

The goal of this edition is to help people understand the complexity of the issue, to learn about the long battle that was fought before the revolutionary ruling Roe v. Wade and the slow success of the numerous legislations and regulations passed after this law which led to the most recent controversial ruling.

The legality of abortion in the United States is subject to individual state laws. In 1973, Roe v. Wade made the first abortion case to be taken to the Supreme Court, which had made it federally legal. In 1992, Roe was partially overturned by Planned Parenthood v. Casey, which stated that states cannot place legal restrictions posing an undue burden for «the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.» In 2022, both Roe and Casey were overturned, and abortions are now subject to regulations based on state laws once again. Individual states can regulate and limit the use of abortion, some of which already have through the use of «trigger laws», which made abortion illegal within the first and second trimesters when Roe was overturned. Eight states—Alabama, Arizona, Arkansas, Michigan, Mississippi, Oklahoma, West Virginia and Wisconsin—still have pre-Roe abortion bans in their laws, which may be enforced too.

This reading provides a thorough overview of the federal legalisation regarding the legality of abortion. It presents a judicial history and legislative response of the US federal institutions. In addition this collection is enriched with information which are indispensable part of every abortion debate in the United States.

Contents

Abortion: Judicial History and Legislative Response

Abortion At or Over 20 Weeks' Gestation (FAQ)

Revolutionary Ruling: Roe v. Wade

Doe v. Bolton

Planned Parenthood v. Casey

Women's Health Protection Act

2022 Ruling: Dobbs v. Jackson Women's Health Organization