View source for Abortion in the United States

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{{abortion map of the United States}}

In the [[United States]], [[abortion]] is a divisive issue in [[American politics|politics]] and [[culture war]]s. Prior to the mid-19th century, English [[common law]] formed the basis of abortion law in the colonies and the early Republic.

Connecticut was the first state to regulate abortion in 1821; it outlawed abortion after quickening, the moment in pregnancy when the pregnant woman starts to feel the fetus's movement in the uterus, and forbade the use of poisons to induce one post-quickening. Many states subsequently passed various laws on abortion until the [[Supreme Court of the United States]] decisions of ''[[Roe v. Wade]]'' and ''[[Doe v. Bolton]]'' decriminalized abortion nationwide in 1973. The ''Roe'' decision imposed a federally mandated uniform framework for state legislation on the subject. It also established a minimal period during which abortion is legal, with more or fewer restrictions throughout the pregnancy. 

That basic framework, modified in ''[[Planned Parenthood v. Casey]]'' (1992), remained nominally in place, although the effective availability of abortion varied significantly from state to state, as many counties had no abortion providers.<ref name="Doan3">{{cite book |author1=Alesha Doan |title=Opposition and Intimidation: The Abortion Wars and Strategies of Political Harassment |date=2007 |publisher=[[University of Michigan Press]] |isbn=9780472069750 |page=57}}</ref> ''Casey'' held that a law could not place legal restrictions imposing 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."<ref>Casey, 505 U.S. at 877.</ref> In December 2021, the [[Food and Drug Administration|FDA]] legalized [[telemedicine]] provision of medication abortion pills with delivery by mail, but many states have laws which restrict this option.

In 2022, ''Roe'' and ''Casey'' were overturned in ''[[Dobbs v. Jackson Women's Health Organization]]'', ending protection of abortion rights by the [[United States Constitution]] and allowing individual states to regulate any aspect of abortion not preempted by federal law.<ref>{{cite web |last1=Mangan |first1=Dan |last2=Breuninger |first2=Kevin |date=24 June 2022 |title=Supreme Court overturns Roe v. Wade, ending 50 years of federal abortion rights |url=https://www.cnbc.com/2022/06/24/roe-v-wade-overturned-by-supreme-court-ending-federal-abortion-rights.html |url-status=live |archive-url=https://web.archive.org/web/20220625000826/https://www.cnbc.com/2022/06/24/roe-v-wade-overturned-by-supreme-court-ending-federal-abortion-rights.html |archive-date=June 25, 2022 |access-date=24 June 2022 |website=[[CNBC]]}}</ref> Since 1976, the [[Republican Party (United States)|Republican Party]] has generally sought to restrict abortion access based on the stage of pregnancy or to criminalize abortion, whereas the [[Democratic Party (United States)|Democratic Party]] has generally defended access to abortion and has made [[Birth control in the United States|contraception]] easier to obtain.<ref>{{cite journal|last=Wilson|first=Joshua C.|title=Striving to Rollback or Protect Roe: State Legislation and the Trump-Era Politics of Abortion|journal=Publius: The Journal of Federalism|year=2020|volume=50|issue=3|pages=370–397|doi=10.1093/publius/pjaa015|s2cid=225601579|doi-access=free}}</ref>

The [[United States abortion-rights movement|abortion-rights movement]] advocates for patient choice and bodily autonomy, while the [[United States anti-abortion movement|anti-abortion movement]] advocate that the fetus has a [[right to live]]. Historically [[Framing (social sciences)|framed]] as a debate between the [[pro-choice and pro-life]] labels, most Americans agree with some positions of each side.<ref>{{cite web |last=Saad |first=Lydia |date=August 8, 2011 |title=Plenty of Common Ground Found in Abortion Debate |url=http://www.gallup.com/poll/148880/Plenty-Common-Ground-Found-Abortion-Debate.aspx |access-date=August 8, 2013 |publisher=Gallup.com |archive-date=August 30, 2017 |archive-url=https://web.archive.org/web/20170830133509/http://www.gallup.com/poll/148880/Plenty-Common-Ground-Found-Abortion-Debate.aspx |url-status=live }}</ref> Support for abortion gradually increased in the U.S. beginning in the early 1970s,<ref name=":02">{{cite journal |last1=Osborne |first1=Danny |last2=Huang |first2=Yanshu |last3=Overall |first3=Nickola C. |author-link3=Nickola Overall |last4=Sutton |first4=Robbie M. |last5=Petterson |first5=Aino |last6=Douglas |first6=Karen M. |last7=Davies |first7=Paul G. |last8=Sibley |first8=Chris G. |date=2022 |title=Abortion Attitudes: An Overview of Demographic and Ideological Differences |url=https://onlinelibrary.wiley.com/doi/10.1111/pops.12803 |journal=Political Psychology |volume=43 |pages=29–76 |doi=10.1111/pops.12803 |issn=0162-895X |s2cid=247365991 |hdl=2292/59008 |hdl-access=free |access-date=May 3, 2022 |archive-date=July 6, 2022 |archive-url=https://web.archive.org/web/20220706203841/https://onlinelibrary.wiley.com/doi/10.1111/pops.12803 |url-status=live }}</ref> and stabilized during the 2010s.<ref name=":2" /><ref name="Gallup2018" /> The abortion rate has continuously declined from a peak in 1980 of 30 per 1,000 women of childbearing age (15–44) to 11.3 by 2018.<ref name="Abortion Surveillance — United States, 2018">{{cite journal |last1=Kortsmit |first1=K |last2=Jatlaoui |first2=TC |last3=Mandel |first3=MG |year=2020 |title=Abortion Surveillance – United States, 2018 |journal=Morbidity and Mortality Weekly Report |publisher=Centers for Disease Control and Prevention |volume=69 |issue=7 |pages=1–29 |doi=10.15585/mmwr.ss6907a1 |pmc=7713711 |pmid=33237897}}</ref> In 2018, 78% of abortions were performed at 9 weeks or less gestation, and 92% of abortions were performed at 13 weeks or less gestation.<ref name="Abortion Surveillance — United States, 2018" /> By 2023, [[medication abortion]]s accounted for 63% of all abortions.<ref name=Guttmacher_2024-03-19 /> Almost 25% of women will have had an abortion by age 45, with 20% of 30 year olds having had one.<ref name=Guttmacher_2017-10-19 >{{cite web | url=https://www.guttmacher.org/news-release/2017/abortion-common-experience-us-women-despite-dramatic-declines-rates | title=Abortion Is a Common Experience for U.S. Women, Despite Dramatic Declines in Rates | last=Jones | first=Rachel K. | work=[[Guttmacher Institute]] | date=2017-10-19 | access-date=July 16, 2022 | archive-date=July 15, 2022 | archive-url=https://web.archive.org/web/20220715225700/https://www.guttmacher.org/news-release/2017/abortion-common-experience-us-women-despite-dramatic-declines-rates | url-status=live }}</ref> In 2019, 60% of women who had abortions were already mothers, and 50% already had two or more children.{{ r | NYT_2021-12-14 | Parenting_2022-06-24 }} Increased access to [[birth control]] has been statistically linked to reductions in the abortion rate.{{r|ObGyn 2012 No-Cost Contraception|Guttmacher 2016 Drop in Unintended|Brookings 2019 Access to Contraception}} The first state to decriminalize abortion prior to ''Roe'' was [[Abortion in Hawaii|Hawaii]].<ref name="Medicine: Abortion on Request">{{cite magazine |date=March 9, 1970 |title=Medicine: Abortion on Request |url=http://www.time.com/time/magazine/article/0,9171,878789,00.html |url-status=dead |archive-url=https://web.archive.org/web/20101201211449/http://www.time.com/time/magazine/article/0,9171,878789,00.html |archive-date=December 1, 2010 |access-date=2012-10-15 |magazine=[[Time (magazine)|Time]]}} {{subscription required}}</ref><ref name="Abor HI">{{Cite journal |last=Buell |first=Samuel |date=1991-01-01 |title=Criminal Abortion Revisited |url=https://scholarship.law.duke.edu/faculty_scholarship/2174 |journal=New York University Law Review |volume=66 |issue=6 |pages=1774–1831 |pmid=11652642}}</ref><ref>{{Cite web |last=Tribune |first=Chicago |date=29 March 2001 |title=Timeline of abortion laws and events |url=https://www.chicagotribune.com/sns-abortion-timeline-story.html |access-date=2019-05-23 |website=chicagotribune.com |language=en-US}}</ref><ref name=":42">{{Cite journal |last1=Diamond |first1=M. |last2=Palmore |first2=J. A. |last3=Smith |first3=R. G. |last4=Steinhoff |first4=P. G. |date=1973 |title=Abortion in Hawaii |journal=Family Planning Perspectives |volume=5 |issue=1 |pages=54–60 |doi=10.2307/2133802 |issn=0014-7354 |jstor=2133802 |pmid=4805720}}</ref>

As of 2025, [[Abortion in Alaska|Alaska]], [[Abortion in Arizona|Arizona]], [[Abortion in California|California]], [[Abortion in Colorado|Colorado]], [[Abortion in Illinois|Illinois]], [[Abortion in Kansas|Kansas]], [[Abortion in Maryland|Maryland]], [[Abortion in Michigan|Michigan]], [[Abortion in Minnesota|Minnesota]], [[Abortion in Missouri|Missouri]], [[Abortion in Montana|Montana]], [[Abortion in New York|New York]], [[Abortion in North Dakota|North Dakota]], [[Abortion in Ohio|Ohio]], [[Abortion in Vermont|Vermont]], [[Abortion in Wisconsin|Wisconsin]], and [[Abortion in Wyoming|Wyoming]]{{efn|Arizona, California, Colorado, Maryland, Michigan, Missouri, Montana, New York, Ohio, and Vermont contain explicit abortion provisions within their constitutions, while Alaska, Illinois, Kansas, Minnesota, North Dakota, Wisconsin, and Wyoming are interpreted to have such protections through court rulings.}} have a right to abortion in their state constitutions, either explicitly or as interpreted by the state supreme court.<ref>''The Guardian'', [https://www.theguardian.com/us-news/ng-interactive/2023/nov/10/state-abortion-laws-us Tracking abortion laws across the United States], 1 May 2024</ref><ref name=":4">{{Cite web |title=State Constitutions and Abortion Rights |url=https://reproductiverights.org/maps/state-constitutions-and-abortion-rights/ |access-date=2024-12-17 |website=Center for Reproductive Rights |language=en-US}}</ref> Other states, such as [[Abortion in Massachusetts|Massachusetts]] and [[Abortion in Oregon|Oregon]], protect abortion under state law. The state constitutions of [[Abortion in Alabama|Alabama]], [[Abortion in Arkansas|Arkansas]], [[Abortion in Louisiana|Louisiana]], [[Abortion in Tennessee|Tennessee]], and [[Abortion in West Virginia|West Virginia]] explicitly contain no right to an abortion, while the state constitution of [[Abortion in Nebraska|Nebraska]] prohibits abortion after the first trimester.<ref name=":4" />

==Terminology==
{{main|Definitions of abortion}}
In medical parlance, "abortion" refers only to the end of an intrauterine pregnancy before the embryo or fetus can survive outside the uterus.<ref>{{Cite web |title=Abortion |url=https://www.yalemedicine.org/clinical-keywords/abortion |access-date=2025-10-03 |website=Yale Medicine |language=en}}</ref> This is inclusive of [[Miscarriage|spontaneous abortion]] (more commonly referred to as miscarriage or early pregnancy loss) and to induced abortion, where a pregnancy is ended through medication or a medical procedure.<ref>{{Citation |last=Alves |first=Clark |title=Early Pregnancy Loss (Spontaneous Abortion) |date=2025 |work=StatPearls |url=http://www.ncbi.nlm.nih.gov/books/NBK560521/ |access-date=2025-10-03 |place=Treasure Island (FL) |publisher=StatPearls Publishing |pmid=32809356 |last2=Jenkins |first2=Suzanne M. |last3=Rapp |first3=Amanda}}</ref><ref>{{Cite web |title=Abortion Care |url=https://www.acog.org/womens-health/faqs/induced-abortion |access-date=2025-10-03 |website=www.acog.org |language=en}}</ref> The abortion debate most commonly relates to the induced abortion of a pregnancy, which is also how the term "abortion" is used in a legal sense.{{refn|According to the Supreme Court's decision in ''[[Roe v. Wade]]'' (1973):
{{blockquote|(a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician.

(b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health.

(c) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.<ref>{{cite web|url=https://supreme.justia.com/cases/federal/us/410/113/|title=Roe v. Wade, 410 U.S. 113 (1973)|website=Justia|date=January 22, 1973|access-date=May 12, 2022}}</ref>}}

The 5th edition of the ''[[Black's Law Dictionary]]'' (1979) defined abortion as "knowing destruction" or "intentional expulsion or removal".<ref>{{cite journal|last=Caron|first=Wilfred R.|date=Spring 1982|url=https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=2118&context=tcl|title=The Human Life Federalism Amendment – An Assessment|journal=The Catholic Lawyer|volume=27|issue=2|pages=87–111|pmid=11655614 |access-date=May 12, 2022|quote=(5th ed. 1979) ('abortion' is defined simply as 'the knowing destruction of the life of an unborn child or the intentional expulsion or removal of an unborn child from the womb other than for the principal purpose of producing a live birth or removing a dead fetus').|postscript=. At p. 94, footnote 7.}}</ref> The 2nd Edition, published in 1910, defined abortion in criminal law as "The miscarriage or premature delivery of a woman who is quick with child" and that "when brought about with a malicious design, or for an unlawful purpose, it is a crime in law."<ref>{{cite book |last1=Black |first1=Henry Campbell |title=Black's Law Dictionary |date=1910 |publisher=West Publishing Co. |location=St. Paul, MN |page=8 |edition=2nd}}</ref>|group=nb}} 

Because abortion has been politicized, there has been a proliferation of ill-defined, inconsistently applied terms with no medical or clinical basis. Concepts like "late-term abortion", or "partial-birth abortion" are not medical terms and do not have clinical significance.<ref>{{Cite web |title=ACOG Guide to Language and Abortion |url=https://www.acog.org/contact/media-center/abortion-language-guide |access-date=2025-10-03 |website=www.acog.org |language=en}}</ref> Similarly, terms like "elective abortion" append unnecessary qualifiers that are not rooted in medical or legal distinctions. The terms "induced abortion" or simply "abortion" should be used instead.<ref>{{cite journal |last=Watson |first=Katie |title= Why We Should Stop Using the Term 'Elective Abortion'|journal=AMA Journal of Ethics |volume=20 |issue=12 |pages=1175–1180 |date=December 20, 2019 |doi=10.1001/amajethics.2018.1175 |pmid=30585581 |doi-access=free }}</ref> 

==History==

===Early history and rise of anti-abortion legislation===
Abortion in what eventually became the United States was governed by English Common law, which held that abortion after [[quickening]] was murder. This was repeated by [[Henry de Bracton]], [[Matthew Hale (jurist)|Matthew Hale]], and [[William Blackstone]]. The common law on abortions before quickening was varying.

Some historians argue that abortion was a fairly common practice in the history of the United States, and was not always controversial.<ref name="Reagan 1997">{{cite book|last=Reagan|first=Leslie J.|year=2022|orig-year=1997|title=When Abortion Was a Crime: Women, Medicine and the Law in the United States, 1867–1973|edition=1st|location=Berkeley|publisher=[[University of California Press]]|isbn=978-0520387416}}</ref><ref name=Ganong>{{cite book |editor1-last=Ganong |editor1-first=Lawrence H. |editor2-last=Coleman |editor2-first=Marilyn |title=The Social History of the American Family: An Encyclopedia |date=2014 |publisher=Sage Publications |isbn=978-1-4522-8615-0 |url=https://books.google.com/books?id=R3VpBAAAQBAJ |quote=Terminations of pregnancy were commonly practiced...many of the earliest court cases involved women who became pregnant before marriage and wished to avoid the shame associated with an illegitimate pregnancy.}}</ref> At a time when society was more concerned with the more serious consequence of women becoming pregnant out of wedlock, family affairs were handled out of public view.<ref name=Miller>{{Cite book |editor-last=Miller |editor-first=Wilbur R. |title=The Social History of Crime and Punishment in America: An Encyclopedia |publisher=Sage Reference |date=2012 |isbn=978-1-4833-0593-6 |url=https://books.google.com/books?id=vs9wCQAAQBAJ |quote=During the colonial period, control over reproduction, similar to most family matters, remained a private concern...Most Americans did not consider abortion legally or morally wrong as long as it occurred prior to quickening.}}</ref><ref name=Ganong/> Abortion did not become a public controversy until the health risk of unsafe abortions by (female) unlicensed practitioners was brought to the public attention in the 19th century.<ref name="Hardin 1978">{{cite journal |last=Hardin |first=Garrett |date=December 1978 |title=Abortion in America. The Origins and Evolution of National Policy, 1800–1900. James C. Mohr |journal=The Quarterly Review of Biology |volume=53 |issue=4 |page=499 |doi=10.1086/410954 |quote=The long silence had led us to assume that opposition to abortion had existed from time immemorial. Not so: most of the opposition to, and all of the laws against, abortion arose in the 19th century. Historian Mohr amply documents the earlier acceptance of abortion. ... In the 19th century even many of the feminists expressed horror at abortion, urging abstinence instead. Not so in the 20th century. In the 19th century the medical profession was fairly united against abortion; Mohr argues that this arose from the commercial competition between the 'regulars' (men with M.D.'s) and the irregulars (women without M.D.'s). ... A key role in generating prohibition laws was played by the press, ... . By 1900 the abortion-prohibition laws were immune to questioning, as they remained until the 1960's when feminists and a new breed of physicians combined to arouse the public to the injustice of the law.}}</ref> James Mohr wrote that even though pre-quickening abortion was legal in the first three decades of the 19th century, only 1 in 25 to 1 in 30 pregnancies ended in abortion. By the 1850s and 1860s, this number had increased to 1 in 5 or 1 in 6.<ref name="JWilson-2013">{{cite news|last=Wilson|first=Jacque|title=Before and after Roe v. Wade|url=https://www.cnn.com/2013/01/22/health/roe-wade-abortion-timeline/index.html|work=CNN|access-date=May 9, 2022|date=January 22, 2013|archive-date=May 9, 2022|archive-url=https://web.archive.org/web/20220509190527/https://www.cnn.com/2013/01/22/health/roe-wade-abortion-timeline/index.html|url-status=live}}</ref><ref>{{Cite book |last=Mohr |first=James |url=https://archive.org/details/abortioninameric00jame/page/50/mode/2up?view=theater&q=%221+in+30%22 |title=Abortion in America: The Origins and Evolution of National Policy |publisher=New Oxford University Press |year=1978 |isbn=0-19-502249-1 |pages=50 |language=English}}</ref> John Keown highlighted some challenges in pinning down the common law view, observing that "evidence of quickening would clearly facilitate prosecution".<ref>{{cite book |last1=Keown |first1=John |title=Abortion, Doctors and the Law: Some Aspects of the Legal Regulation of Abortion in England from 1803 to 1982 |date=1988 |publisher=Cambridge University press |page=3}}</ref><ref>{{cite book |last1=Stauch |first1=Marc |last2=Wheat |first2=Kay |title=Text, Cases and Materials on Medical Law and Ethics |date=2018 |publisher=Taylor & Francis |location=United Kingdom}}</ref>

In the mid-18th century, [[Benjamin Franklin]] included a recipe for an [[abortifacient]] in a math textbook.<ref>{{Cite web |last1=Feng |first1=Emily |last2=Restrepo |first2=Manuela López |date=May 18, 2022 |title=Benjamin Franklin gave instructions on at-home abortions in a book in the 1700s |url=https://www.npr.org/2022/05/18/1099542962/abortion-ben-franklin-roe-wade-supreme-court-leak |access-date=2023-03-24 |website=NPR |archive-date=March 24, 2023 |archive-url=https://web.archive.org/web/20230324040440/https://www.npr.org/2022/05/18/1099542962/abortion-ben-franklin-roe-wade-supreme-court-leak |url-status=live }}</ref><ref>{{Cite news |last=Farrell |first=Molly |date=2022-05-05 |title=Ben Franklin Put an Abortion Recipe in His Math Textbook |language=en-US |work=[[Slate (magazine)|Slate]] |url=https://slate.com/news-and-politics/2022/05/ben-franklin-american-instructor-textbook-abortion-recipe.html |access-date=2023-03-24 |issn=1091-2339 |archive-date=March 26, 2023 |archive-url=https://web.archive.org/web/20230326164715/https://slate.com/news-and-politics/2022/05/ben-franklin-american-instructor-textbook-abortion-recipe.html |url-status=live }}</ref> In 1728, Franklin condemned publisher [[Samuel Keimer]] for publishing an article on abortion. According to biographer [[Walter Isaacson]], Franklin did not have a strong view on the issue.<ref>{{cite web|url=https://www.snopes.com/news/2022/05/16/ben-franklin-abortion-math-textbook/|title=Did Ben Franklin Publish a Recipe in a Math Textbook on How to Induce Abortion?|date=May 16, 2022 }}</ref> In ''[[The Speech of Polly Baker]]'', Franklin places the blame for abortion and infanticide on the [[Gendered sexuality#Sexual double standard|sexual double standard]] against women. He stated:<ref>{{cite book |last1=Rust |first1=Marion |title=Prodigal Daughters: Susanna Rowson's Early American Women |date=2012 |publisher=University of North Carolina Press |location=United States |page=53 |quote=Unsanctioned pregnancy thus threatened the optimism of a newly developing cultural ethos that emphasized man's aptitude for self-direction. Prodigal daughters were correspondingly difficult to reconcile with the ideology of self-determination that was reinforced by welcoming home a prodigal son. Hence the cruel end they inevitably met in the genre dedicated to their story, the early American seduction novel, wherein they purchased their reclamation with their lives. This point is reinforced by a case in which Franklin, ever the pragmatist, did support single motherhood as a means to augmenting the population in the "Speech of Miss Polly Baker" (1747). Here, he cites abortion and infanticide among the extreme measures to which sexually active single women are forced by the inequitable sanctions imposed on them as opposed to their male sexual partners.}}</ref>

<blockquote>Forgive me Gentlemen, if I talk a little extravagantly on these Matters; I am no Divine: But if you, great Men, must be making Laws, do not turn natural and useful Actions into Crimes, by your Prohibitions. Reflect a little on the horrid Consequences of this Law in particular: What Numbers of procur'd Abortions! and how many distress'd Mothers have been driven, by the Terror of Punishment and public Shame, to imbrue, contrary to Nature, their own trembling Hands in the Blood of their helpless Offspring! Nature would have induc'd them to nurse it up with a Parent's Fondness. 'Tis the Law therefore, 'tis the Law itself that is guilty of all these Barbarities and Murders. Repeal it then, Gentlemen; let it be expung'd for ever from your Books: And on the other hand, take into your wise Consideration, the great and growing Number of Batchelors in the Country, many of whom, from the mean Fear of the Expense of a Family, have never sincerely and honourably Courted a Woman in their Lives; and by their Manner of Living, leave unproduced (which I think is little better than Murder) Hundreds of their Posterity to the Thousandth Generation. Is not theirs a greater Offence against the Public Good, than mine? Compel them then, by a Law, either to Marry, or pay double the Fine of Fornication every Year.</blockquote>

In 1716, New York passed an ordinance prohibiting midwives from providing abortion.<ref name="scholarship.law.umn.edu"/> Founding Father and Second President of the United States [[John Adams]] praised the Spartan lawgiver [[Lycurgus (lawgiver)|Lycurgus]] for refusing his sister-in-law from having an abortion even though it prevented him from assuming power.<ref name="scholarship.law.umn.edu">{{cite web|url=https://scholarship.law.umn.edu/cgi/viewcontent.cgi?article=1291&context=concomm|title=A Conversation About Abortion Between Justice Blackmun and the Founding Fathers|access-date=August 9, 2023|archive-date=April 6, 2023|archive-url=https://web.archive.org/web/20230406021510/https://scholarship.law.umn.edu/cgi/viewcontent.cgi?article=1291&context=concomm|url-status=live}}</ref> [[Thomas Jefferson]] wrote approving of a quote by [[Montesquieu]] that "‘there is among [[Native Americans|savages]] another
custom . . . it is the cruel practice of abortion." Jefferson added that the Natives stopped the practice after becoming "civilized".<ref name="scholarship.law.umn.edu" /> 

Within the context of a [[sex scandal]],<ref name="Brockell-2019">{{cite news|last=Brockell|first=Gillian|title=How a sex scandal led to the nation's first abortion law 200 years ago|url=https://www.washingtonpost.com/history/2019/05/16/how-sensational-sex-scandal-led-nations-first-abortion-law-years-ago/|newspaper=The Washington Post|access-date=May 9, 2022|date=May 17, 2019|archive-date=December 13, 2021|archive-url=https://web.archive.org/web/20211213163021/https://www.washingtonpost.com/history/2019/05/16/how-sensational-sex-scandal-led-nations-first-abortion-law-years-ago/|url-status=live}}</ref> Connecticut became the first state to regulate abortion by statute in 1821. Many states subsequently passed various abortion laws. In 1829, [[New York (state)|New York]] made post-quickening abortions a [[felony]] and pre-quickening abortions a [[misdemeanor]].<ref>{{cite journal|last=Buell|first=Samuel|date=1991|title=Criminal Abortion Revisited|url=https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2798&context=faculty_scholarship|journal=New York University Law Review|volume=66|issue=6|pages=1774–1831|pmid=11652642|access-date=July 27, 2022|via=Duke.edu|archive-date=June 26, 2022|archive-url=https://web.archive.org/web/20220626103611/https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2798&context=faculty_scholarship|url-status=live}}</ref> This was followed by 10 of the 26 states creating similar restrictions within the next few decades,<ref>{{cite journal|last1=Jacobson|first1=Donna|date=2019|title=When Abortion Became Illegal|doi=10.5406/connhistrevi.58.2.0049|journal=Connecticut History Review|volume=58|issue=2|pages=49–81|s2cid=211430012}}</ref> in particular by the 1860s and 1870s.<ref name="Hardin 1978" /> The first laws related to abortion were made to protect women from real or perceived risks, and those more restrictive penalized only the provider.<ref name="Georgian 2022">{{cite web|last=Georgian|first=Elizabeth|date=July 1, 2022|url=https://clioandthecontemporary.com/2022/07/01/the-end-of-roe-in-historical-perspective/|title=The End of Roe in Historical Perspective|website=Clio and the Contemporary|access-date=July 27, 2022|archive-date=July 27, 2022|archive-url=https://web.archive.org/web/20220727180424/https://clioandthecontemporary.com/2022/07/01/the-end-of-roe-in-historical-perspective/|url-status=live}}</ref> Criminalization did not end the practice of abortion; unlicensed doctors and midwives continued to perform them. Most of the women receiving abortions from unlicensed practitioners were poor. Women's safety continued to be a concern, especially after the highly publicized death of [[Mary Rogers]]. Wealthier women could pay willing physicians to broadly interpret health exceptions in their favor. Euphemistic advertisements for abortifacients offered an assortment of herbal remedies.<ref name="Miller2">{{Cite book |editor-last=Miller |editor-first=Wilbur R. |title=The Social History of Crime and Punishment in America: An Encyclopedia |publisher=Sage Reference |date=2012|page=2 |quote=States passed the first wave of abortion laws in the 1820s and 1830s. Connecticut was the first state to enact a law in 1821, followed by Missouri, Illinois, and New York. By 1840, 10 more states had passed statutes. These laws did not intend to ban abortion but to make it safer through regulation. Legislators were concerned that women sometimes faced death or serious injuries from poison potions or dangerous instruments. Legislation generally made abortion illegal only after quickening and punished the abortionist, not the woman seeking the abortion.}}</ref> 

A number of other factors likely played a role in the rise of anti-abortion laws. As in Europe, abortion techniques advanced starting in the 17th century, and the [[conservatism]] of most in the medical profession with regards to [[sexual matters]] prevented the wide expansion of abortion techniques.<ref name="Hardin 1978"/><ref>{{cite book|vauthors=Paul M, Lichtenberg ES, Borgatta L, Grimes DA, Stubblefield PG, Creinin MD, Joffe C|year=2009|chapter-url=http://media.wiley.com/product_data/excerpt/62/14051769/1405176962.pdf|url-status=live|chapter=Abortion and Medicine: A Sociopolitical History|title=Management of Unintended and Abnormal Pregnancy|edition=1st|location=Oxford|publisher=John Wiley & Sons|isbn=978-1-4443-1293-5|ol=15895486W|archive-url=https://web.archive.org/web/20120119025652/http://media.wiley.com/product_data/excerpt/62/14051769/1405176962.pdf|archive-date=19 January 2012}}</ref> [[Physician]]s, who were the leading advocates of abortion criminalization laws, appear to have been motivated at least in part by advances in medical knowledge. Science had discovered that [[fertilization]] inaugurated a more or less continuous process of development, which produced a new human being. Quickening was found to be not more or less crucial in the process of [[gestation]] than any other step. Many physicians concluded that if society considered it unjustifiable to terminate pregnancy after the fetus had quickened, and if quickening was a relatively unimportant step in the gestation process, then it was just as wrong to terminate a pregnancy before quickening as after quickening.<ref name="Mohr3536">{{cite book|title=Abortion in America: The Origins and Evolution of National Policy|last=Mohr|first=James C.|year=1978|pages=[https://archive.org/details/abortioninameric00mohr/page/35 35–36]|publisher=[[Oxford University Press]]|isbn=978-0195026160|url=https://archive.org/details/abortioninameric00mohr/page/35}}</ref> Patricia Cline Cohen, a professor emeritus at the University of California, Santa Barbara, said that these laws had come about not because society saw abortion as a crime but from a small group of doctors who had taken it upon themselves to prove to the rest of the county that pre-quickening abortion should be seen as a crime. The doctors used flawed math{{clarify|date=January 2025}} to convince the [[American Medical Association]] to accept that pre-quickening abortion should also be outlawed, leading to the raft of state laws banning abortion in the latter half of the 19th century.<ref name="wapost">{{cite news |url=https://www.washingtonpost.com/outlook/2022/06/24/dobbs-decision-looks-history-rescind-roe/ |title=The Dobbs decision looks to history to rescind Roe |first=Patricia Cline |last=Cohen |date=June 24, 2022 |access-date=June 28, 2022 |newspaper=[[The Washington Post]] |archive-date=June 29, 2022 |archive-url=https://web.archive.org/web/20220629192136/https://www.washingtonpost.com/outlook/2022/06/24/dobbs-decision-looks-history-rescind-roe/ |url-status=live}}</ref> Doctors were also influenced by practical reasons to advocate anti-abortion laws. For one, abortion providers were usually female midwives without formal training or education. In an age where the leading doctors in the nation were attempting to standardize the medical profession, these unlicensed practitioners were considered a nuisance to public health.<ref name="Hardin 1978" /><ref name="Mohr34">{{cite book|title=Abortion in America: The Origins and Evolution of National Policy|last=Mohr|first=James C.|year=1978|page=[https://archive.org/details/abortioninameric00mohr/page/34 34]|publisher=[[Oxford University Press]]|isbn=978-0195026160|url=https://archive.org/details/abortioninameric00mohr/page/34}}</ref>

Despite campaigns to end the practice of abortion, abortifacient advertising was highly effective and abortion was commonly practiced, with the help of a [[midwife]] or other women,<ref name="Blackemore 2022">{{cite web|last=Blakemore|first=Erin|date=May 22, 2022|url=https://www.nationalgeographic.com/history/article/the-complex-early-history-of-abortion-in-the-united-states|archive-url=https://web.archive.org/web/20220517150742/https://www.nationalgeographic.com/history/article/the-complex-early-history-of-abortion-in-the-united-states|url-status=dead|archive-date=May 17, 2022|title=The complex early history of abortion in the United States|website=National Geographic|access-date=July 26, 2022|quote=But that view of history is the subject of great dispute. Though interpretations differ, most scholars who have investigated the history of abortion argue that terminating a pregnancy wasn't always illegal—or even controversial. ... A pregnant woman might consult with a midwife, or head to her local drug store for an over-the-counter patent medicine or douching device. If she owned a book like the 1855 ''Hand-Book of Domestic Medicine'', she could have opened it to the section on 'emmenagogues,' substances that provoked uterine bleeding. Though the entry did not mention pregnancy or abortion by name, it did reference 'promoting the monthly discharge from the uterus.'}}</ref> in the mid-19th century,<ref name="Acevado 1979">{{cite journal|last=Acevedo|first=Zachary P. V.|date=Summer 1979|title=Abortion in early America|journal=Women Health|volume=4|issue=2|pages=159–167|doi=10.1300/J013v04n02_05|pmid=10297561 |quote=This piece describes abortion practices in use from the 1600s to the 19th century among the inhabitants of North America. The abortive techniques of women from different ethnic and racial groups as found in historical literature are revealed. Thus, the point is made that abortion is not simply a 'now issue' that effects select women. Instead, it is demonstrated that it is a widespread practice as solidly rooted in our past as it is in the present.}}</ref><ref>{{cite web|last1=Samuels|first1=Alex|last2=Potts|first2=Monica|date=July 25, 2022|url=https://fivethirtyeight.com/features/how-the-fight-to-ban-abortion-is-rooted-in-the-great-replacement-theory/|title=How The Fight To Ban Abortion Is Rooted In The 'Great Replacement' Theory|website=FiveThirtyEight|access-date=July 26, 2022|quote=Throughout colonial America and into the 19th century, abortions were fairly common with the help of a midwife or other women and could be obtained until the point that you could feel movement inside, according to Lauren MacIvor Thompson, a historian of early-20th-century women's rights and public health. Most abortions were induced through herbal or medicinal remedies and, like other medical interventions of the time, weren't always effective or safe.|archive-date=July 25, 2022|archive-url=https://web.archive.org/web/20220725234312/https://fivethirtyeight.com/features/how-the-fight-to-ban-abortion-is-rooted-in-the-great-replacement-theory/|url-status=live}}</ref> although they were not always safe.<ref name="Reagan 2022">{{cite web|last=Reagan|first=Leslie J.|date=June 2, 2022|url=https://www.politico.com/news/magazine/2022/06/02/alitos-anti-roe-argument-wrong-00036174|title=What Alito Gets Wrong About the History of Abortion in America|website=Politico|access-date=July 26, 2022|archive-date=June 23, 2022|archive-url=https://web.archive.org/web/20220623133238/https://www.politico.com/news/magazine/2022/06/02/alitos-anti-roe-argument-wrong-00036174|url-status=live}}</ref> While the precise abortion rate was not known, James Mohr's 1978 book ''Abortion in America'' documented multiple recorded estimates by 19th-century physicians,<ref name="Hardin 1978"/> which suggested that between around 15% and 35% of all pregnancies ended in abortion during that period.<ref name="Mohr7682">{{cite book|title=Abortion in America: The Origins and Evolution of National Policy|last=Mohr|first=James C.|year=1978|pages=[https://archive.org/details/abortioninameric00mohr/page/76 76–82]|publisher=[[Oxford University Press]]|isbn=978-0195026160|url=https://archive.org/details/abortioninameric00mohr/page/76}}</ref> This era also saw a marked shift in the people who were obtaining abortions. Before the start of the 19th century, most abortions were sought by unmarried women, who had become pregnant [[out of wedlock]] and for which there was much less compassion compared to married women who got an abortion; many of them were wealthy and paid well.<ref name="Hardin 1978"/> Out of 54 abortion cases published in American medical journals between 1839 and 1880, over half were sought by married women, and well over 60% of the married women already had at least one child.<ref name="Mohr100101">{{cite book|title=Abortion in America: The Origins and Evolution of National Policy|last=Mohr|first=James C.|year=1978|pages=[https://archive.org/details/abortioninameric00mohr/page/100 100–101]|publisher=[[Oxford University Press]]|isbn=978-0195026160|url=https://archive.org/details/abortioninameric00mohr/page/100}}</ref>

The sense that married women were now frequently obtaining abortions worried many conservative physicians, who were almost exclusively men. In the [[Reconstruction era]], much of the blame was placed on the burgeoning [[women's rights movement]]. Although the medical profession expressed hostility toward [[feminism]], many feminists of the era were also opposed to abortion.<ref name="Hardin 1978"/><ref>Gordon, Sarah Barringer (2006). [https://books.google.com/books?id=Kg4PAtekGoAC&pg=PA67 "Law and Everyday Death: Infanticide and the Backlash against Woman's Rights after the Civil War"]. In Sarat, Austin; Douglas, Lawrence; Umphrey, Martha, eds. ''Lives of the Law''. University of Michigan Press. p. 67</ref><ref name="Schiff">[[Stacy Schiff|Schiff, Stacy]] (October 13, 2006). [https://www.nytimes.com/2006/10/13/opinion/13schiff.html "Desperately Seeking Susan"] {{Webarchive|url=https://web.archive.org/web/20210515012247/https://www.nytimes.com/2006/10/13/opinion/13schiff.html |date=May 15, 2021 }}. ''The New York Times''. Retrieved February 5, 2009.</ref> In ''[[The Revolution (newspaper)|The Revolution]]'', a newspaper operated by [[Elizabeth Cady Stanton]] and [[Susan B. Anthony]], an 1869 opinion piece was published arguing that instead of merely attempting to pass a law against abortion, the root cause must also be addressed.<ref name="Schiff" /><ref>Federer, William (2003). [https://books.google.com/books?id=8GebI40OvYAC&pg=PA81 ''American Minute'']. Amerisearch. p. 81. {{ISBN|978-0965355780}}.</ref> The writer stated that simply passing an anti-abortion law would be "only mowing off the top of the noxious weed, while the root remains. ... No matter what the motive, love of ease, or a desire to save from suffering the unborn innocent, the woman is awfully guilty who commits the deed. It will burden her conscience in life, it will burden her soul in death; But oh! thrice guilty is he who drove her to the desperation which impelled her to the crime."<ref>Anthony, Susan B. (July 8, 1869). [http://honors.syr.edu/Courses/03-04/wsp200/july81869.html "Marriage and Maternity"]. ''[[The Revolution (newspaper)|The Revolution]]''. {{webarchive|url=https://web.archive.org/web/20111005033006/http://honors.syr.edu/Courses/03-04/wsp200/july81869.html|date=October 5, 2011}}. Retrieved July 26, 2022 – via the University Honors Program, Syracuse University.</ref> To many feminists of this era, abortion was regarded as an undesirable necessity forced upon women by thoughtless men.<ref name="Mohr110">{{cite book|title=Abortion in America: The Origins and Evolution of National Policy|last=Mohr|first=James C.|year=1978|page=[https://archive.org/details/abortioninameric00mohr/page/110 110]|publisher=[[Oxford University Press]]|isbn=978-0195026160|url=https://archive.org/details/abortioninameric00mohr/page/110}}</ref> The [[free love]] wing of the feminist movement refused to advocate for abortion and treated the practice as an example of the hideous extremes to which modern marriage was driving women.<ref name="Mohr112">{{cite book|title=Abortion in America: The Origins and Evolution of National Policy|last=Mohr|first=James C.|year=1978|page=[https://archive.org/details/abortioninameric00mohr/page/112 112]|publisher=[[Oxford University Press]]|isbn=978-0195026160|url=https://archive.org/details/abortioninameric00mohr/page/112}}</ref> [[Marital rape]] and the seduction of unmarried women were societal ills, which feminists believed caused the need to abort, as men did not respect women's right to [[abstinence]].<ref name="Mohr112"/> Feminist opposition to abortion was much less prevalent by the 20th century, and it was feminists and physicians who came to question anti-abortion laws and raise public interest in the 1960s.<ref name="Hardin 1978"/>

In 1873, [[Anthony Comstock]] created the [[New York Society for the Suppression of Vice]], an institution dedicated to supervising the [[morality]] of the public. Later that year, Comstock successfully influenced the [[United States Congress]] to pass the [[Comstock Law]], which made it illegal to deliver through the U.S. mail any "obscene, lewd, or lascivious" material. It also prohibited producing or publishing information pertaining to the procurement of abortion, [[birth control]], and [[venereal disease]], including to medical students.<ref>{{cite book|url=https://archive.org/details/championsofchurc00benn/page/1017/mode/1up|title=Anthony Comstock: His Career of Cruelty and Crime, A Chapter from "The Champions of the Church: Their Crimes and Persecutions"|last=Bennett|first=DeRobigne Mortimer|author-link=D. M. Bennett|year=1878|publisher=New York: D. M. Bennett|access-date=July 27, 2022|via=Internet Archive}}</ref> The production, publication, importation, and distribution of such materials was suppressed under the Comstock Law as being obscene, and similar prohibitions were passed by 24 of the 37 states.<ref>{{cite news|last=Kevles|first=Daniel J.|title=The Secret History of Birth Control|work=The New York Times|date=July 22, 2001|url=https://www.nytimes.com/2001/07/22/books/the-secret-history-of-birth-control.html|access-date=October 21, 2006|archive-date=November 16, 2019|archive-url=https://web.archive.org/web/20191116140900/https://www.nytimes.com/2001/07/22/books/the-secret-history-of-birth-control.html|url-status=live}}</ref>

By 1900, abortion was normally a felony in every state. Some states included provisions allowing for abortion in limited circumstances, generally to protect the woman's health or to terminate pregnancies arising from rape or incest.<ref>{{cite web|url=http://www.nyu.edu/classes/jackson/social.issues/papers/AbortGrI.html|url-status=dead|title=A Political, Public & Moral Look at Abortion|date=February 28, 2006|access-date=July 27, 2022|publisher=New York University|archive-date=October 4, 2016|archive-url=https://web.archive.org/web/20161004195611/http://www.nyu.edu/classes/jackson/social.issues/papers/AbortGrI.html}}</ref> Most Americans did not view abortion as a crime, and abortions continued to occur and became increasingly available.<ref name="Cohen 2022">{{cite news|last=Cohen|first=Patricia Cline|date=June 24, 2022|url=https://www.washingtonpost.com/outlook/2022/06/24/dobbs-decision-looks-history-rescind-roe/|title=The Dobbs decision looks to history to rescind Roe|newspaper=The Washington Post|access-date=July 27, 2022|archive-date=June 29, 2022|archive-url=https://web.archive.org/web/20220629192136/https://www.washingtonpost.com/outlook/2022/06/24/dobbs-decision-looks-history-rescind-roe/|url-status=live}}</ref> The [[American Birth Control League]] was founded by [[Margaret Sanger]] in 1921; it would become Planned Parenthood Federation of America in 1942.<ref>{{cite web|last=Sanger|first=Margaret|date=November 18, 1921|url=https://www.americanrhetoric.com/speeches/margaretsangermoralityofbirthcontrol.htm|title=The Morality of Birth Control|access-date=July 27, 2022|via=American Rhetoric|archive-date=June 25, 2022|archive-url=https://web.archive.org/web/20220625092055/https://www.americanrhetoric.com/speeches/margaretsangermoralityofbirthcontrol.htm|url-status=live}}</ref><ref>{{cite book|last=Cullen-DuPont|first=Kathryn|title=Encyclopedia of Women's History in America|url=https://books.google.com/books?id=oIro7MtiFuYC&pg=PA374|access-date=November 28, 2011|year=2000|publisher=Infobase Publishing|isbn=978-0816041008|page=11|via=Google Books|archive-date=January 13, 2023|archive-url=https://web.archive.org/web/20230113025043/https://books.google.com/books?id=oIro7MtiFuYC&pg=PA374|url-status=live}}</ref> By the 1930s, licensed physicians performed an estimated 800,000 abortions a year.<ref>{{cite book|editor1-last=Boyer|editor1-first=Paul S.|title=The Oxford companion to United States history|year=2006|publisher=Oxford University Press|location=Oxford|isbn=978-0195082098|page=[https://archive.org/details/oxfordcompaniont00paul_0/page/3 3]|url=https://archive.org/details/oxfordcompaniont00paul_0/page/3|access-date=July 27, 2022|via=Internet Archive}}</ref>

=== Unsafe abortions ===
{{main|Unsafe abortion}}

In 1988, 17 year old [[Becky Bell]] died from an infection after an unsafe abortion. She lived in Indiana where parental consent was required to have a safe and legal abortion. [[Laurence H. Tribe]] wrote in ''Abortion: The Clash of Absolutes'' that Bell's best friend said that Becky considered an out-of-state abortion to get around Indiana's parental consent requirement.<ref>{{cite book |last=Tribe |first=Laurence |author-link=Laurence Tribe |title=Abortion: The Clash of Absolutes |url=https://books.google.com/books?id=oOtVjsdUPP0C&pg=PA202 |page=202 |publisher=W. W. Norton & Company |year=1992 |isbn=978-0-393-30956-0 |edition=revised |access-date=December 11, 2014 |archive-date=April 20, 2016 |archive-url=https://web.archive.org/web/20160420135802/https://books.google.com/books?id=oOtVjsdUPP0C&pg=PA202 |url-status=live }}</ref> It is possible she performed the abortion herself. However it was done, Becky died from an infection that was probably caused by the procedure. Her parents publicly campaigned against parental consent laws after her death.<ref>{{Cite book| last = Hunter| first = James Davison| title = Before the Shooting Begins|publisher = Simon and Schuster| isbn = 978-1-4391-0629-7| date = 1994-03-28|quote=A third illustration of how speech acts distort public communication is found in the use of 'narratives' or stories. One of the celebrated stories invoked by pro-choice activists is that of seventeen year old Becky Bell.}}</ref>

[[Rosie Jimenez]] died from sepsis in 1977 following an abortion procedure at the home of a midwife who was not licensed to perform abortions. She did not go to a licensed physician because the [[Hyde Amendment]] barring public Medicaid funding for abortions had gone into effect after surviving a statutory challenge in ''[[Beal v. Doe]]'' and an [[Equal Protection]] challenge in ''[[Maher v. Roe]]''.<ref>{{Cite web| last = Abrams| first = Garry| title = Consent Law Fuels Students : Abortion: The issues resulting in the 'Becky Bell-Rosie Jimenez Campaign' are driving some young women into activism.| work = Los Angeles Times| access-date = 2024-07-26| date = 1990-08-13| url = https://www.latimes.com/archives/la-xpm-1990-08-13-vw-568-story.html}}</ref><ref>{{Cite book| last1 = Erickson| first1 = Rosemary J.| last2 = Simon| first2 = Rita James| title = The Use of Social Science Data in Supreme Court Decisions| publisher = University of Illinois Press| isbn = 978-0-252-06661-0| date = 1998 |pages=51–55 |quote=The year after ''Singleton v. Wulff'' in which the Court did not address directly the issue of funding for abortions, the Court decided three funding cases – ''Beal v. Doe'', ''Maher v. Roe'' and ''Poelker v. Doe''. Both ''Beal v. Doe'' and ''Maher v. Roe'' addressed the use of state Medicaid funds ... At issue in ''Beal'' was the state's willingness to fund childbirth under Medicaid for indigent women, but not abortion. The Court dealt with ''Beal'' on statutory grounds only...}}</ref><ref>{{Cite journal| doi = 10.1353/bhm.2023.0000| issn = 0007-5140| volume = 97| issue = 1| pages = 1–10| last1 = O’Donnell| first1 = Kelly| last2 = Rogers| first2 = Naomi| title = Revisiting the History of Abortion in the Wake of the Dobbs Decision| journal = Bulletin of the History of Medicine| access-date = 2024-07-26| date = 2023| pmid = 38588198| url = https://www.proquest.com/docview/2854575022/citation/EF149BF206E24AE7PQ/3}}</ref>

Dr. Abu Hayat was convicted by a Manhattan Court in 1993 for performing an illegal third trimester abortion at his clinic in [[Alphabet City]]. The doctor began the [[dilation and evacuation]] procedure which was not legal in the third trimester. The baby was born alive before the procedure could be completed. She was missing an arm that had been severed during the D&E.<ref name=hayat_appeals>{{Cite news| last = Perez-Pena| first = Richard| title = Doctor in Abortion Case To Appeal Assault Count| work = The New York Times| access-date = 2024-07-26| date = 1993-03-07| url = https://www.nytimes.com/1993/03/07/nyregion/doctor-in-abortion-case-to-appeal-assault-count.html}}</ref>

Hayat argued that he was protected from criminal conviction by ''[[Roe v. Wade]]'' based on an argument that the baby had not yet been born when he attempted the procedure.<ref name=hayat_appeals/>

Another patient was forced to leave Hayat's clinic halfway through a procedure after Dr. Hayat demanded more money that her husband could not afford to pay. The patient nearly died and was treated at a local hospital for severe infection caused by pieces of dismembered fetus being left in her uterus.<ref>{{Cite news| last = Perez-Pena| first = Richard| title = East Village Doctor Convicted Of Performing Illegal Abortion| work = The New York Times| access-date = 2024-07-26| date = 1993-02-23| url = https://www.nytimes.com/1993/02/23/nyregion/east-village-doctor-convicted-of-performing-illegal-abortion.html}}</ref><ref>{{Cite news| last = Perez-Pena| first = Richard| title = Prison Term For Doctor Convicted In Abortions| work = The New York Times| access-date = 2024-07-26| date = 1993-06-15| url = https://www.nytimes.com/1993/06/15/nyregion/prison-term-for-doctor-convicted-in-abortions.html}}</ref> 17 year old Sophie McCoy died in 1990 from an infected uterine perforation after receiving an abortion at Dr. Hayat's clinic.<ref>{{Cite news| last = Myers| first = Steven Lee| title = Doctor Describes Death of a Girl Who Suffered Botched Abortion| work = The New York Times| access-date = 2024-07-26| date = 1991-12-05| url = https://www.nytimes.com/1991/12/05/nyregion/doctor-describes-death-of-a-girl-who-suffered-botched-abortion.html}}</ref>

Inequality in access to safe and legal abortions persists to this day whereby many women cannot afford to obtain a legal abortion; in such cases, women may turn to [[illegal abortion]].<ref>{{Cite web |last=Dore |first=Kate |date=June 24, 2022 |title=Supreme Court's overturning of Roe v. Wade will financially hurt the 'most marginalized' women, experts say |url=https://www.cnbc.com/2022/06/24/roe-v-wade-decision-expected-to-financially-hurt-marginalized-women.html |access-date=June 28, 2022 |website=[[CNBC]] |archive-date=June 27, 2022 |archive-url=https://web.archive.org/web/20220627234951/https://www.cnbc.com/2022/06/24/roe-v-wade-decision-expected-to-financially-hurt-marginalized-women.html |url-status=live }}</ref><ref>{{Cite journal |last=Lenharo |first=Mariana |date=June 24, 2022 |title=After Roe v. Wade: US researchers warn of what's to come |journal=[[Nature (journal)|Nature]]|volume=607 |issue=7917 |pages=15–16 |doi=10.1038/d41586-022-01775-z |pmid=35750925 |bibcode=2022Natur.607...15L |s2cid=250022457 |doi-access=free }}</ref>

=== Sherri Finkbine ===
{{main|Sherri Chessen}}
In the early 1960s, a controversy centered around children's television host Sherri Finkbine that helped bring abortion and abortion law more directly into the American public eye. Living in the area of [[Phoenix, Arizona]], Finkbine had had four healthy children; during her pregnancy with her fifth child, she discovered the child might have severe deformities when born.<ref>{{cite news|url=http://advocatesaz.org/2012/08/15/sherri-finkbines-abortion-its-meaning-50-years-later/|title=Sherri Finkbine's Abortion: Its Meaning 50 Years Later|date=August 15, 2012|work=Planned Parenthood Advocates of Arizona|access-date=December 2, 2017|archive-date=December 2, 2017|archive-url=https://web.archive.org/web/20171202054053/http://advocatesaz.org/2012/08/15/sherri-finkbines-abortion-its-meaning-50-years-later/|url-status=live}}</ref> This was likely because Finkbine had been taking sleeping pills that she was unaware contained [[thalidomide]], a drug that increases the risk of fetal deformities during pregnancy.<ref>{{cite web|url=https://www.huffingtonpost.com/whitny-braun/thalidomide-the-connectio_b_8881702.html|title=Thalidomide: The Connection Between a Statue in Trafalgar Square, a 1960s Children's Show Host and the Abortion Debate|last=Braun|first=Whitny|date=December 29, 2015|website=The Huffington Post|access-date=December 2, 2017|archive-date=June 2, 2017|archive-url=https://web.archive.org/web/20170602203011/http://www.huffingtonpost.com/whitny-braun/thalidomide-the-connectio_b_8881702.html|url-status=live}}</ref> Though Finkbine wanted an abortion, the [[abortion law]]s of Arizona only allowed abortions if a pregnancy posed a threat to the woman's life. The situation gained public attention after Finkbine shared the story with a reporter from ''[[The Arizona Republic]]'', who disclosed her identity in spite of her requests for anonymity. On August 18, 1962, Finkbine traveled to [[Sweden]] to obtain a legal abortion, where it was confirmed that the fetus had severe deformities.<ref>{{cite web|url=https://www.cliohistory.org/click/body-health/reproduction/|title=Debating Reproductive Rights – Reproductive Rights and Feminism, History of Abortion Battle, History of Abortion Debate, Roe v. Wade and Feminists|website=Cliohistory.org|access-date=December 2, 2017|archive-date=December 2, 2017|archive-url=https://web.archive.org/web/20171202052454/https://www.cliohistory.org/click/body-health/reproduction/|url-status=live}}</ref>

===Pre-''Roe'' precedents===
In 1964, [[Gerri Santoro]] of Connecticut died trying to obtain an illegal abortion, and her photo became the symbol of an [[Abortion-rights movements|abortion-rights movement]]. Some women's rights activist groups developed their own skills to provide abortions to women who could not obtain them elsewhere. As an example, in Chicago, a group known as "[[Jane Collective|Jane]]" operated a floating abortion clinic throughout much of the 1960s. Women seeking the procedure would call a designated number and be given instructions on how to find "Jane".<ref>{{cite web
|url=http://www.cwluherstory.org/something-real-jane-and-me-memories-and-exhortations-of-a-feminist-ex-abortionist.html
|title=Something Real: Jane and Me. Memories and Exhortations of a Feminist Ex-Abortionist
|last=Johnson
|first=Linnea
|publisher=CWLU Herstory Project
|access-date=May 23, 2010

|archive-url=https://web.archive.org/web/20110725214230/http://www.cwluherstory.org/something-real-jane-and-me-memories-and-exhortations-of-a-feminist-ex-abortionist.html
|archive-date=July 25, 2011
}}</ref>

In 1965, the [[Supreme Court of the United States|U.S. Supreme Court]] case ''[[Griswold v. Connecticut]]'' struck down one of the remaining contraception [[Comstock laws]] in [[Connecticut]] and [[Massachusetts]].<ref>{{ussc|name=Griswold v. Connecticut|volume=381|page=479|year=1965}}.</ref> However, ''Griswold'' only applied to marital relationships, allowing married couples to buy and use contraceptives without government restriction. It took until 1972, with ''[[Eisenstadt v. Baird]]'', to extend the precedent of ''Griswold'' to unmarried persons as well.<ref>{{ussc|name=Eisenstadt v. Baird|link=|volume=405|page=438|pin=|year=1972}}.</ref> Following the ''Griswold'' case, the [[American College of Obstetricians and Gynecologists]] (ACOG) issued a medical bulletin accepting a recommendation from six years earlier that clarified that "conception is the implantation of a fertilized ovum",<ref>American College of Obstetricians and Gynecologists Terminology Bulletin. Terms Used in Reference to the Fetus. No. 1. Philadelphia: Davis, September 1965.</ref> and consequently [[birth control]] methods that prevented implantation became classified as [[contraceptive]]s, not [[abortifacients]].

In 1967, [[Colorado]] became the first state to decriminalize abortion in cases of rape, incest, or in which pregnancy would lead to permanent physical [[disability]] of the woman. Similar laws were passed in [[California]], [[Oregon]], and [[North Carolina]]. In 1970, [[Hawaii]] became the first state to legalize abortions on the request of the woman,<ref>{{cite news| title=Medicine: Abortion on Request | date=March 9, 1970 | magazine=[[Time (magazine)|Time]] | url=http://www.time.com/time/magazine/article/0,9171,878789,00.html | archive-url=https://web.archive.org/web/20101201211449/http://www.time.com/time/magazine/article/0,9171,878789,00.html | archive-date=December 1, 2010 | access-date=October 15, 2012}} {{subscription required}}</ref> and New York repealed its 1830 law and allowed abortions up to the 24th week of pregnancy. Similar laws were soon passed in [[Alaska]] and [[Washington (state)|Washington]]. In 1970, Washington held a referendum on legalizing early pregnancy abortions, becoming the first state to legalize abortion through a vote of the people.<ref>{{cite web|url=http://www.historylink.org/File/5313|title=Abortion Reform in Washington State - HistoryLink.org|website=Historylink.org|access-date=October 9, 2017|archive-date=July 16, 2019|archive-url=https://web.archive.org/web/20190716173242/https://www.historylink.org/File/5313|url-status=live}}</ref> A law in [[Washington, D.C.]], which allowed abortion to protect the life or health of the woman, was challenged in the Supreme Court in 1971 in ''[[United States v. Vuitch]]''. The court upheld the law, deeming that "health" meant "psychological and physical well-being", essentially allowing abortion in Washington, D.C. By the end of 1972, 13 states had a law similar to that of Colorado, while [[Mississippi]] allowed abortion in cases of rape or incest only and [[Alabama]] and [[Massachusetts]] allowed abortions only in cases where the woman's physical health was endangered. In order to obtain abortions during this period, women would often travel from a state where abortion was illegal to one where it was legal. The legal position prior to ''Roe v. Wade'' was that abortion was illegal in 30 states and legal under certain circumstances in 20 states.<ref>{{cite news |url=https://www.washingtonpost.com/blogs/wonkblog/wp/2013/01/22/charts-how-roe-v-wade-changed-abortion-rights/ |title=Charts: How Roe v. Wade changed abortion rights |first=Sarah |last=Kliff |date=January 22, 2013 |newspaper=The Washington Post |access-date=August 23, 2017 |archive-date=May 1, 2015 |archive-url=https://web.archive.org/web/20150501074707/http://www.washingtonpost.com/blogs/wonkblog/wp/2013/01/22/charts-how-roe-v-wade-changed-abortion-rights/ |url-status=live }}</ref>

===''Roe v. Wade''===
{{main|Roe v. Wade|l1=''Roe v. Wade''}}
[[File:Burger Court in 1973.jpg|thumb|The [[United States Supreme Court]] membership in 1973<br>F.l.t.r. seated [[Potter Stewart]], [[William O. Douglas]], [[Warren E. Burger]] (chief justice), [[William J. Brennan Jr.|William Brennan]], and [[Byron White]].<br>Standing [[Lewis F. Powell]], [[Thurgood Marshall]], [[Harry Blackmun]], and [[William Rehnquist]].]]

Prior to ''Roe v. Wade'', 30 states prohibited abortion without exception, 16 states banned abortion except in certain special circumstances (e.g. rape, incest, and health threat to mother), 3 states allowed residents to obtain abortions, and New York allowed abortions generally.<ref>{{cite web |url=https://www.guttmacher.org/gpr/2003/03/lessons-roe-will-past-be-prologue |title=Lessons from Before Roe: Will Past be Prologue? |work=The Guttmacher Policy Review |volume=6 |issue=1 |date=2023-03-01 |access-date=2017-01-11 |first1=Rachel |last1=Benson Gold |archive-date=January 14, 2019 |archive-url=https://web.archive.org/web/20190114224401/https://www.guttmacher.org/gpr/2003/03/lessons-roe-will-past-be-prologue |url-status=live }}</ref> Early that year, on January 22, 1973, the [[U.S. Supreme Court]] in ''Roe v. Wade'' invalidated all of these laws, and set guidelines for the availability of abortion. The decision returned abortion to its liberalized pre-1820 status.<ref name="Hardin 1978"/> ''Roe'' established that the [[right of privacy]] of a woman to obtain an abortion "must be considered against important state interests in regulation".<ref name=":1">''Roe v. Wade'', {{ussc|410|113|1973|source=j|pin=154}} "We, therefore, conclude that the right of personal privacy includes the abortion decision, but that this right is not unqualified, and must be considered against important state interests in regulation."</ref> ''Roe'' also established a trimester framework, defined as the end of the first [[pregnancy trimester]] (12 weeks), as the threshold for state interest, such that states were prohibited from banning abortion in the first trimester but allowed to impose increasing restrictions or outright bans later in pregnancy.<ref name=":1" />

[[File:Map of US abortion laws pre-1973.svg|thumb|alt=Abortion legal on request: AK, HI, NY, WA; allowed for danger to woman's health, rape or incest, or likely damaged fetus: AR, CA, CO, DE, FL, GA, KS, MD, NC, NM, OR, SC, VA; allowed for danger to woman's health: AL, MA; allowed for rape but not life: MS; allowed for danger to the woman's life: AZ, CT, IA, ID, IL, IN, KY, LA, ME, MI, MN, MO, MT, ND, NE, NH, NJ, NV, OH, OK, RI, SD, TN, TX, UT, VT, WI, WV, WY; complete ban: PA.|Abortion laws in the U.S. before ''Roe'':<ref>[https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2006/06/22/states-probe-limits-of-abortion-policy "States Probe Limits of Abortion Policy"] {{Webarchive|url=https://web.archive.org/web/20220725094503/https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2006/06/22/states-probe-limits-of-abortion-policy |date=July 25, 2022 }}. The Pew Charitable Trusts. June 22, 2006. Retrieved July 26, 2022. Updated April 23, 2007.</ref>
{{legend|#000000;|Fully illegal (1 state).}}
{{legend|#cc0000;|Legal in cases of risk to woman's life (29 states).}}
{{legend|#C17D11;|Legal in cases of rape (1 state).}}
{{legend|#F57900;|Legal in cases of risk to woman's health (2 states).}}
{{legend|#EDD400;|Legal in cases of risk to woman's health, rape or incest, or likely damaged fetus (12 states).}}
{{legend|#40D0FF;|Legal on request (5 states).}}
]]

In deciding ''Roe v. Wade'', the Court ruled that a [[Texas]] statute forbidding abortion except when necessary to save the life of the mother was unconstitutional. The Court arrived at its decision by concluding that the issue of abortion and abortion rights falls under the [[right of privacy in the United States]] (e.g. federal constitutionally-protected right), in the sense of the right of a person not to be encroached by the state. In its opinion, it listed several landmark cases where the court had previously found a right to privacy implied by the Constitution. The Court did not recognize a right to abortion in all cases, saying: "State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother."<ref name="Roe 1973">''Roe v. Wade'', [http://webarchive.loc.gov/all/20011130053106/http://laws.findlaw.com/us/410/113.html 410 U.S. 113] (1972). Findlaw.com. Retrieved April 14, 2011.</ref>

The Court held that a right to privacy existed and included the right to have an abortion. The court found that a mother had a right to abortion until viability, a point to be determined by the abortion doctor. After viability a woman can obtain an abortion for health reasons, which the Court defined broadly to include psychological well-being. A central issue in the ''Roe'' case and in the wider abortion debate in general is whether human life or personhood begins at conception, birth, or at some point in between. The Court declined to make an attempt at resolving this issue, writing: "We need not resolve the difficult question of when life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man's knowledge, is not in a position to speculate as to the answer." Instead, it chose to point out that historically, under English and American [[common law]] and statutes, "the unborn have never been recognized ... as persons in the whole sense", and thus the fetuses are not legally entitled to the protection afforded by the right to life specifically enumerated in the Fourteenth Amendment. Rather than asserting that human life begins at any specific point, the Court declared that the state has a "compelling interest" in protecting "potential life" at the point of viability.<ref name="Roe 1973"/>

====''Doe v. Bolton''====
{{main|Doe v. Bolton|l1=''Doe v. Bolton''}}
Under ''Roe v. Wade'', state governments may not prohibit [[Late termination of pregnancy|late terminations of pregnancy]] when "necessary to preserve the life or health of the mother", even if it would cause the demise of a viable fetus.<ref>{{ussc|name=Roe v. Wade|volume=410|page=113|pin=164|year=1973}} ("If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during [the third trimester], except when it is necessary to preserve the life or health of the mother.")</ref> This rule was clarified by the 1973 judicial decision ''[[Doe v. Bolton]]'', which specifies "that the medical judgment may be exercised in the light of all factors—physical, emotional, psychological, familial, and the woman's age—relevant to the well-being of the patient".<ref>{{ussc|name=Doe v. Bolton|volume=410|page=179|pin=192|year=1973}}</ref><ref name=PBS_Wars>{{cite web|title=Frontline / Abortion Wars / Roe v Wade and Beyond|url=https://www.pbs.org/wgbh/pages/frontline/clinic/wars/cases.html|website=PBS|access-date=October 5, 2015|archive-date=September 24, 2015|archive-url=https://web.archive.org/web/20150924160837/http://www.pbs.org/wgbh/pages/frontline/clinic/wars/cases.html|url-status=live}}</ref><ref name=ACLU_25>{{cite web|title=The Right to Choose at 25: Looking Back and Ahead|url=https://www.aclu.org/right-choose-25-looking-back-and-ahead|website=ACLU|access-date=October 5, 2015|archive-date=October 6, 2015|archive-url=https://web.archive.org/web/20151006233254/https://www.aclu.org/right-choose-25-looking-back-and-ahead|url-status=live}}</ref> It is by this provision for the mother's mental health that women in the U.S. legally choose abortion after viability when screenings reveal abnormalities that do not cause a baby to die shortly after birth.<ref name=Dailard>{{cite journal|last1=Dailard|first1=Cynthia|title=Issues and Implications, Abortion Restrictions and the Drive for Mental Health Parity: A Conflict in Values?|journal=The Guttmacher Report on Public Policy|date=June 1999|volume=2|issue=3|url=https://www.guttmacher.org/pubs/tgr/02/3/gr020304.html|access-date=October 2, 2015|archive-date=October 4, 2015|archive-url=https://web.archive.org/web/20151004000450/https://www.guttmacher.org/pubs/tgr/02/3/gr020304.html|url-status=dead}}</ref><ref name=Palley>{{cite book|last1=Palley|first1=Marian Lief and Howard|title=The Politics of Women's Health Care in the US|date=2014|publisher=Palgrave Pivot|location=New York & London|isbn=978-1137008633|page=74|url=https://books.google.com/books?id=Pa7mAgAAQBAJ&q=institute%20women's%20health%20doe%20bolton&pg=PA74|access-date=October 5, 2015}}</ref><ref name=PP_After_1st>{{cite news|title=Abortion after the First Trimester in the United States|url=https://www.plannedparenthood.org/files/5113/9611/5527/Abortion_After_first_trimester.pdf|access-date=October 5, 2015|publisher=Planned Parenthood|date=February 2014|archive-date=February 8, 2016|archive-url=https://web.archive.org/web/20160208220349/https://www.plannedparenthood.org/files/5113/9611/5527/Abortion_After_first_trimester.pdf|url-status=live}}</ref><ref name=DU_viability>{{cite web|title=Fetal Viability And Late-Term Abortion: The Facts And The Law|url=http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x5758875|website=Democratic Underground|access-date=October 5, 2015|archive-date=October 6, 2015|archive-url=https://web.archive.org/web/20151006032206/http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x5758875|url-status=live}}</ref>

===Religious response to legalization of abortion===
In the late 1960s, a number of organizations were formed to mobilize opinion both against and for the legalization of abortion. In 1966, the [[National Conference of Catholic Bishops]] assigned Monsignor [[James T. McHugh]] to document efforts to reform abortion laws, and anti-abortion groups began forming in various states in 1967. In 1968, McHugh led an advisory group which became the [[National Right to Life Committee]].<ref>{{cite book |chapter-url=https://books.google.com/books?id=zYZQBc9426QC&pg=PA140 |page=140 |title=The Politics of Abortion and Birth Control in Historical Perspective |editor=Donald T. Critchlow |chapter=The Right to Life Movement |last=Cassidy |first=Keith |publisher=Penn State Press |year=1995 |isbn=978-0271015705 |series=Issues in Policy History}}</ref><ref>{{cite book |url=https://archive.org/details/prochoicemovemen0000stag_j0h7 |url-access=registration |page=[https://archive.org/details/prochoicemovemen0000stag_j0h7/page/35 35] |title=The Pro-Choice Movement: Organization and Activism in the Abortion Conflict |first=Suzanne |last=Staggenborg |publisher=Oxford University Press |year=1994 |isbn=978-0195089257}}</ref> The forerunner of the [[NARAL Pro-Choice America]] was formed in 1969 to oppose restrictions on abortion and expand access to abortion.<ref>{{Cite news|url=https://www.nwhn.org/content-module-example-page/|title=Content Module Example Page|work=NWHN |access-date=October 21, 2019|archive-date=February 9, 2019|archive-url=https://web.archive.org/web/20190209124003/https://www.nwhn.org/content-module-example-page/}}</ref> Following ''Roe v. Wade'', in late 1973, NARAL became the National Abortion Rights Action League.
[[Evangelicalism|Evangelical Christians]] were initially generally either supportive or indifferent to ''Roe'' — citing what they saw as [[Christianity and abortion|a lack of biblical condemnation]] on the matter, its perceived affirmation of [[Freedom of religion|religious liberty]], and furthering of [[Anti-statism|non-intrusive government]] — but by the 1980s began to join anti-abortion Catholics to overturn the decision.<ref>{{Cite web |last=Williams |first=Daniel K. |date=2022-05-09 |title=This Really Is a Different Pro-Life Movement |url=https://www.theatlantic.com/ideas/archive/2022/05/south-abortion-pro-life-protestants-catholics/629779/ |access-date=2023-08-02 |website=The Atlantic |language=en |archive-date=May 10, 2022 |archive-url=https://web.archive.org/web/20220510043840/https://www.theatlantic.com/ideas/archive/2022/05/south-abortion-pro-life-protestants-catholics/629779/ |url-status=live }}</ref><ref>{{Cite web |last=Taylor |first=Justin |date=2018-05-09 |title=How the Christian Right Became Prolife on Abortion and Transformed the Culture Wars |url=https://www.thegospelcoalition.org/blogs/evangelical-history/christian-right-discovered-abortion-rights-transformed-culture-wars/ |access-date=2023-08-02 |website=The Gospel Coalition |language=en-US |archive-date=February 4, 2023 |archive-url=https://web.archive.org/web/20230204085533/https://www.thegospelcoalition.org/blogs/evangelical-history/christian-right-discovered-abortion-rights-transformed-culture-wars/ |url-status=live }}</ref>

===''Planned Parenthood v. Casey''===
In the 1992 case of ''[[Planned Parenthood v. Casey]]'', the Court abandoned ''Roe's'' strict trimester framework but maintained its central holding that women have a right to choose to have an abortion before viability.<ref name=Casey /> ''Roe'' had held that statutes regulating abortion must be subject to "[[strict scrutiny]]"—the traditional Supreme Court test for impositions upon fundamental [[Constitution of the United States|Constitutional]] rights. ''Casey'' instead adopted the lower, [[undue burden]] standard for evaluating state abortion restrictions,<ref name=Casey>{{ussc|name=Planned Parenthood v. Casey|505|833|1992|source=j|pin=878}} ("(a) To protect the central right recognized by ''Roe v. Wade'' while at the same time accommodating the State's profound interest in potential life, we will employ the undue burden analysis as explained in this opinion. An undue burden exists, and therefore, a provision of law is invalid, if its purpose or effect is to place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.")</ref> but re-emphasized the right to abortion as grounded in the general sense of liberty and privacy protected under the constitution: "Constitutional protection of the woman's decision to terminate her pregnancy derives from the [[Due Process Clause]] of the [[Fourteenth Amendment to the United States Constitution]]. It declares that no state shall "deprive any person of life, liberty, or property, without due process of law." The controlling word in the cases before us is 'liberty'."<ref>''Planned Parenthood v. Casey'', {{ussc|505|833|1992|source=j|pin=846}}</ref>

The Supreme Court continues to make decisions on this subject. On April 18, 2007, it issued a ruling in the case of ''[[Gonzales v. Carhart]]'', involving a federal law entitled the [[Partial-Birth Abortion Ban Act|Partial-Birth Abortion Ban Act of 2003]] which President [[George W. Bush]] had signed into law. The law banned [[intact dilation and extraction]], which opponents of abortion rights referred to as "partial-birth abortion", and stipulated that anyone breaking the law would get a prison sentence up to 2.5 years. The United States Supreme Court upheld the 2003 ban by a narrow majority of 5–4, marking the first time the Court has allowed a ban on any type of abortion since 1973. The opinion, which came from justice Anthony Kennedy, was joined by Justices [[Antonin Scalia]], [[Clarence Thomas]], and the two recent appointees, [[Samuel Alito]] and Chief Justice [[John G. Roberts|John Roberts]].

In the case of ''[[Whole Woman's Health v. Hellerstedt]]'', the Supreme Court in a 5–3 decision on June 27, 2016, swept away forms of state restrictions on the way abortion clinics can function. The Texas legislature enacted in 2013 restrictions on the delivery of abortions services that, it was argued by its opponents, created an undue burden for women seeking an abortion by requiring abortion doctors to have difficult-to-obtain "admitting privileges" at a local hospital and by requiring clinics to have costly hospital-grade facilities. The Court supported this argument and struck down these two provisions "facially" from [[Texas House Bill 2|the law at issue]]—that is, the very words of the provisions were invalid, no matter how they might be applied in any practical situation. According to the Supreme Court, the task of judging whether a law puts an unconstitutional burden on a woman's right to abortion belongs with the courts, and not the legislatures.<ref name="20160627SCOTUSDenniston">{{cite web|url=http://www.scotusblog.com/2016/06/opinion-analysis-abortion-rights-reemerge-strongly/|title=Whole Woman's Health v. Hellerstedt – Opinion analysis: Abortion rights reemerge strongly|last=Denniston|first=Lyle|date=June 27, 2016|website=SCOTUSblog|access-date=June 29, 2016|archive-date=June 28, 2016|archive-url=https://web.archive.org/web/20160628154801/http://www.scotusblog.com/2016/06/opinion-analysis-abortion-rights-reemerge-strongly/|url-status=live}}</ref>

The Supreme Court ruled similarly in ''[[June Medical Services, LLC v. Russo]]'' on June 29, 2020, in a 5–4 decision that a Louisiana state law, modeled after the Texas law at the center of ''Whole Woman's Health'', was unconstitutional.<ref name="nytimes june medical decision"/> Like Texas' law, the Louisiana law required certain measures for abortion clinics that, if having gone into effect, would have closed five of the six clinics in the state. The case in Louisiana was put on hold pending the result of ''Whole Woman's Health'', and was retried based on the Supreme Court's decision. While the District Court ruled the law unconstitutional, the Fifth Circuit found that unlike the Texas law, the burden of the Louisiana law passed the tests outlined in ''Whole Woman's Health'', and thus the law was constitutional. The Supreme Court issued an order to suspend enforcement of the law pending further review, and agreed to hear the case in full in October 2019. It was the first abortion-related case to be heard by President [[Donald Trump]]'s appointees to the Court, [[Neil Gorsuch]] and [[Brett Kavanaugh]].<ref>{{cite news | url = https://www.washingtonpost.com/politics/courts_law/supreme-court-to-review-ruling-on-louisiana-abortion-law/2019/10/04/85eaf2b0-e6ab-11e9-a6e8-8759c5c7f608_story.html | title = Supreme Court to review ruling on Louisiana abortion law | first = Robert | last = Barnes | date = October 4, 2019 | access-date = October 4, 2019 | newspaper = [[The Washington Post]] | archive-date = October 4, 2019 | archive-url = https://web.archive.org/web/20191004232137/https://www.washingtonpost.com/politics/courts_law/supreme-court-to-review-ruling-on-louisiana-abortion-law/2019/10/04/85eaf2b0-e6ab-11e9-a6e8-8759c5c7f608_story.html | url-status = live }}</ref> The Supreme Court found the Louisiana law unconstitutional for the same reasons as the Texas one, reversing the Fifth Circuit. The judgment was supported by Chief Justice [[John Roberts]] who had dissented on ''Whole Woman's Health'' but joined in judgment as to upholding the court's respect for the past judgment in that case.<ref name="nytimes june medical decision">{{cite web | url = https://www.nytimes.com/2020/06/29/us/supreme-court-abortion-louisiana.html | title = Supreme Court Strikes Down Louisiana Abortion Restrictions | first = Adam | last = Liptak | date = June 29, 2020 | access-date = June 29, 2020 | work = [[The New York Times]] | archive-date = July 1, 2020 | archive-url = https://web.archive.org/web/20200701052059/https://www.nytimes.com/2020/06/29/us/supreme-court-abortion-louisiana.html | url-status = live }}</ref>

===Federal provision for telemedical abortions===
In December 2021, the [[Food and Drug Administration|FDA]] legalized [[telemedicine|telemedical]] provision of abortion pills with delivery by mail, after finding this to be safe and effective, and having suspended enforcement of previous restrictions during the COVID-19 pandemic. As of June that year, 31 states allowed the practice, fourteen required the prescribing clinician to be physically present, which effectively banned telemedicine, and five explicitly banned telemedical abortion.<ref>{{Cite web|date=2020-06-08|title=Medication Abortion and Telemedicine: Innovations and Barriers During the COVID-19 Emergency|url=https://www.kff.org/policy-watch/medication-abortion-telemedicine-innovations-and-barriers-during-the-covid-19-emergency/|access-date=2020-08-03|website=KFF|language=en-US}}</ref>

===''Dobbs v. Jackson Women's Health Organization''===
{{main|Dobbs v. Jackson Women's Health Organization|l1=''Dobbs v. Jackson Women's Health Organization''}}
[[File:Supreme Court of the United States - Roberts Court 2020.jpg|thumb|The composition of the Supreme Court at the time of ''Dobbs''<br>Front row, l.t.r.: [[Samuel Alito]], [[Clarence Thomas]], [[John G. Roberts, Jr.]], [[Justice Stephen G. Breyer]], [[Sonia Sotomayor]].<br>Back row, l.t.r.: [[Brett M. Kavanaugh]], [[Elena Kagan]], [[Neil M. Gorsuch]], [[Amy Coney Barrett]].]]

The Supreme Court granted ''[[certiorari]]'' to ''Dobbs v. Jackson Women's Health Organization'' in May 2021, a case that challenges the impact of ''[[Roe v. Wade]]'' in blocking enforcement of a 2018 [[Mississippi]] law (the [[Gestational Age Act]]) that had banned any abortions after the first 15 weeks.<ref>{{cite web|url=https://www.cbsnews.com/news/supreme-court-mississippi-abortion-ban-takes-case/|title=Supreme Court takes up blockbuster case over Mississippi's 15-week abortion ban|first=Melissa|last=Quinn|date=May 17, 2021|access-date=May 17, 2021|work=CBS News|archive-date=May 17, 2021|archive-url=https://web.archive.org/web/20210517134557/https://www.cbsnews.com/news/supreme-court-mississippi-abortion-ban-takes-case/|url-status=live}}</ref> Oral arguments to ''Dobbs'' were held in December 2021, and a decision was expected by the end of the 2021–22 Supreme Court term. On September 1, 2021, [[Texas]] passed the [[Texas Heartbeat Act]], one of the most restrictive abortion laws in the nation, banning most procedures after six weeks.<ref>{{cite news|title=Answers to Questions About the Texas Abortion Law|work=The New York Times|first=Roni Caryn|last=Rabin|date=September 1, 2021|url=https://www.nytimes.com/2021/09/01/health/texas-abortion-law-facts.html|url-access=subscription|archive-url=https://web.archive.org/web/20211001005809/https://www.nytimes.com/2021/09/01/health/texas-abortion-law-facts.html|archive-date=October 1, 2021}}</ref> On May 2, 2022, a leaked draft majority opinion for ''Dobbs'', written by [[Samuel Alito]], set to overturn ''Roe'' was reported by ''[[Politico]]''.<ref>{{cite news|last1=Gerstein|first1=Josh|last2=Ward|first2=Alexander|title=Exclusive: Supreme Court has voted to overturn abortion rights, draft opinion shows|url=https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473|access-date=May 3, 2022|work=Politico|date=May 2, 2022|archive-date=May 4, 2022|archive-url=https://web.archive.org/web/20220504032815/https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473|url-status=live}}</ref>

On June 24, 2022, the Supreme Court overruled both ''Roe'' and ''[[Planned Parenthood v. Casey]]'' in the ''Dobbs'' case on [[originalist]] grounds that a right to abortion cannot be found in the U.S. Constitution. [[John Roberts]], the [[Chief Justice of the United States]], concurred in the decision to uphold the law at question as constitutional, by a 6–3 vote, but did not support overruling both ''Roe'' and ''Casey''.<ref>{{cite news|url=https://www.nytimes.com/interactive/2022/06/24/us/politics/supreme-court-dobbs-jackson-analysis-roe-wade.html|title=The Dobbs v. Jackson Decision, Annotated|work=The New York Times|date=June 24, 2022|access-date=July 27, 2022|archive-date=August 2, 2022|archive-url=https://web.archive.org/web/20220802103720/https://www.nytimes.com/interactive/2022/06/24/us/politics/supreme-court-dobbs-jackson-analysis-roe-wade.html|url-status=live}}</ref><ref>{{cite news|last1=Breuninger|first1=Kevin|last2=Mangan|first2=Dan|title=Supreme Court overturns Roe v. Wade, ending 50 years of federal abortion rights|url=https://www.cnbc.com/2022/06/24/roe-v-wade-overturned-by-supreme-court-ending-federal-abortion-rights.html|work=CNBC|access-date=June 24, 2022|date=June 24, 2022|archive-date=June 24, 2022|archive-url=https://web.archive.org/web/20220624141534/https://www.cnbc.com/2022/06/24/roe-v-wade-overturned-by-supreme-court-ending-federal-abortion-rights.html|url-status=live}}</ref> This enabled [[trigger law]]s, which had been passed in 13 states,<ref>{{cite news|last=Wolfe|first=Elizabeth|date=May 3, 2022|title=13 states have passed so-called 'trigger laws,' bans designed to go into effect if Roe v. Wade is overturned|url=https://www.cnn.com/2022/05/03/us/state-abortion-trigger-laws-roe-v-wade-overturned/index.html|work=CNN|access-date=July 27, 2022|archive-date=July 26, 2022|archive-url=https://web.archive.org/web/20220726214229/https://www.cnn.com/2022/05/03/us/state-abortion-trigger-laws-roe-v-wade-overturned/index.html|url-status=live}}</ref><ref>{{cite news|last=Chiwaya|first=Nigel|date=May 3, 2022|title=Map: These 'trigger law' states would ban abortion only if Roe is overturned|url=https://www.nbcnews.com/data-graphics/map-trigger-law-states-ban-abortion-only-roe-overturned-rcna27119|work=NBC News|access-date=July 27, 2022|archive-date=July 27, 2022|archive-url=https://web.archive.org/web/20220727072007/https://www.nbcnews.com/data-graphics/map-trigger-law-states-ban-abortion-only-roe-overturned-rcna27119|url-status=live}}</ref><ref>{{cite news|first=Jesus|last=Jiménez|date=May 4, 2022|url=https://www.nytimes.com/2022/05/04/us/abortion-trigger-laws.html|title=What is a trigger law? And which states have them?|work=The New York Times|access-date=July 27, 2022|archive-date=July 27, 2022|archive-url=https://web.archive.org/web/20220727033550/https://www.nytimes.com/2022/05/04/us/abortion-trigger-laws.html|url-status=live}}</ref> to ban abortions in those states.<ref>{{cite web|last=Thomson-DeVeaux|first=Amelia|date=June 24, 2022|url=https://fivethirtyeight.com/features/the-supreme-courts-argument-for-overturning-roe-v-wade/|title=The Supreme Court's Argument For Overturning Roe v. Wade|website=FiveThirtyEight|access-date=July 27, 2022|archive-date=June 25, 2022|archive-url=https://web.archive.org/web/20220625144936/https://fivethirtyeight.com/features/the-supreme-courts-argument-for-overturning-roe-v-wade/|url-status=live}}</ref><ref name="Thomson-DeVeaux 2022">{{cite web|last=Thomson-DeVeaux|first=Amelia|date=June 24, 2022|url=https://fivethirtyeight.com/features/roe-v-wade-defined-an-era-the-supreme-court-just-started-a-new-one/|title=Roe v. Wade Defined An Era. The Supreme Court Just Started A New One.|website=FiveThirtyEight|access-date=July 27, 2022|archive-date=June 24, 2022|archive-url=https://web.archive.org/web/20220624191802/https://fivethirtyeight.com/features/roe-v-wade-defined-an-era-the-supreme-court-just-started-a-new-one/|url-status=live}}</ref>

Abortion-related initiatives were placed on the [[2022 United States elections#Referendums|2022 ballot]] in six states, as [[2022 California Proposition 1]], [[2022 Michigan Proposal 3]], and [[2022 Vermont Proposal 5]] enshrined the right to an abortion in state constitutions, while the [[2022 Kansas abortion referendum]], [[2022 Kentucky Amendment 2]], and [[2022 Montana elections#Referendum 131|Montana Legislative Referendum No. 131]] rejected restrictions on abortion.<ref name="Weixel">{{Cite news |last=Weixel |first=Nathaniel |date=August 21, 2022 |title=State ballot measures are new abortion battleground |language=en |work=The Hill |url=https://thehill.com/policy/healthcare/3608609-state-ballot-measures-are-new-abortion-battleground/ |access-date=September 9, 2022 |archive-date=November 2, 2022 |archive-url=https://web.archive.org/web/20221102030503/https://thehill.com/policy/healthcare/3608609-state-ballot-measures-are-new-abortion-battleground/ |url-status=live }}</ref> Voters in Ohio defeated [[August 2023 Ohio Issue 1]], which intended to make changes to the state's constitution more difficult. [[November 2023 Ohio Issue 1]] was then approved by a majority of voters, which added the right to an abortion to the [[Constitution of Ohio|Ohio constitution]].<ref>{{cite web | url = https://www.nbcnews.com/politics/elections/abortion-rights-won-every-election-roe-v-wade-overturned-rcna99031 | title = Abortion rights have won in every election since Roe v. Wade was overturned | first1 = Amanda | last1 = Terkel | first2 = Jiachuan | last2 = Wu | date = August 9, 2023 | accessdate = August 9, 2023 | work = [[NBC News]] | archive-date = August 9, 2023 | archive-url = https://web.archive.org/web/20230809215304/https://www.nbcnews.com/politics/elections/abortion-rights-won-every-election-roe-v-wade-overturned-rcna99031 | url-status = live }}</ref>

''[[FDA v. Alliance for Hippocratic Medicine]]'' brought into question the [[Food and Drug Administration]] (FDA)'s approval and rules around [[mifepristone]], after lower courts had deemed the FDA's approval unlawful.<ref>{{cite news |last1=Choi |first1=Annette |title=The Supreme Court will decide the future of the abortion pill. A timeline of how we got here {{!}} CNN Politics |url=https://www.cnn.com/2024/03/25/politics/abortion-pill-timeline-supreme-court-dg/index.html |access-date=March 27, 2024 |work=CNN |date=March 25, 2024 |language=en |archive-date=March 27, 2024 |archive-url=https://web.archive.org/web/20240327010858/https://www.cnn.com/2024/03/25/politics/abortion-pill-timeline-supreme-court-dg/index.html |url-status=live }}</ref> In Arizona, the state Supreme Court ruled in ''[[Planned Parenthood Arizona v. Mayes]]'' that instead of a 15-week ban on abortion passed by the state in 2022, that the state should follow a 1902 law, based on a pre-ratification 1864 law, that disallowed nearly any abortion except in the case of a medical emergency,<ref>{{Cite news |url=https://www.washingtonpost.com/nation/2024/04/09/arizona-abortion-supreme-court-ruling/ |title=Arizona Supreme Court ruling clears way for near-total abortion ban |date=April 9, 2024 |last1=Paquette |first1=Danielle |last2=Hennessy-Fiske |first2=Molly |newspaper=[[The Washington Post]] |access-date=April 9, 2024 |archive-date=April 9, 2024 |archive-url=https://web.archive.org/web/20240409211308/https://www.washingtonpost.com/nation/2024/04/09/arizona-abortion-supreme-court-ruling/ |url-status=live }}</ref> though the state government repealed the 1902 law in May 2024 to allow the 2022 law to take precedence.<ref>{{cite news | url = https://apnews.com/article/arizona-governor-abortion-ban-1864-signing-07bba2fa805971be62b800bd89c81a5a | title = Arizona's Democratic governor signs a bill to repeal 1864 ban on most abortions | first1 = Anita | last1 = Snow | first2 = Morgan | last2 = Lee | date = May 2, 2024 | accessdate = May 2, 2024 | work = [[Associated Press News]] | archive-date = May 2, 2024 | archive-url = https://web.archive.org/web/20240502050120/https://apnews.com/article/arizona-governor-abortion-ban-1864-signing-07bba2fa805971be62b800bd89c81a5a | url-status = live }}</ref> Some Republicans, including allies of presidential candidate Donald Trump, have pushed [[Project 2025]], a sweeping government reform plan that includes banning abortions at a federal level as well as access to medical abortions drugs.<ref>{{cite web | url = https://www.nytimes.com/2024/02/17/us/politics/trump-allies-abortion-restrictions.html | title = Trump Allies Plan New Sweeping Abortion Restrictions | first1 = Lisa | last1 = Lerer | first2 = Elizabeth | last2 = Dias | date = February 17, 2024 | accessdate = April 19, 2024 | work = [[The New York Times]] | archive-date = April 18, 2024 | archive-url = https://web.archive.org/web/20240418175351/https://www.nytimes.com/2024/02/17/us/politics/trump-allies-abortion-restrictions.html | url-status = live }}</ref> Democrats used the pushback against these Republican and conservative anti-abortion goals as a point of campaigning for the election.<ref>{{cite web | url = https://www.theguardian.com/world/2024/apr/13/democrats-abortion-voter-arizona-florida | title = Democrats bank on abortion in 2024 as Arizona and Florida push stakes higher | first1 = Carter | last1 = Sherman | first2 = Lauren | last2 = Gambino | date = April 13, 2024 | access-date = April 13, 2024 | work = [[The Guardian]] }}</ref>

Although states nominally allow abortion to prevent the woman's imminent death, five woman have died to pregnancy related issues in Texas alone due to doctors refusing to perform abortions because of the state's abortion law despite the ''de jure'' legal circumstances.<ref>{{cite web |last1=Sherman |first1=Carter |title=Texas woman dies after receiving inadequate treatment for a miscarriage |url=https://www.theguardian.com/us-news/2024/nov/25/texas-porsha-ngumezi-miscarriage-abortion-ban |website=The Guardian |date=25 November 2024}}</ref><ref>{{cite web |last1=Sherman |first1=Carter |title=Texas woman died after being denied miscarriage care due to abortion ban, report finds |url=https://www.theguardian.com/us-news/2024/oct/30/texas-woman-death-abortion-ban-miscarriage |website=The Guardian |date=30 October 2024}}</ref>

Abortion-related issues were a topic in the [[2024 United States elections]], including these referendums: [[2024 Arizona Proposition 139]], [[2024 Colorado Amendment 79]], [[2024 Florida Amendment 4]], [[2024 Montana Initiative 128]], [[2024 Maryland Question 1]], [[2024 Missouri Amendment 3]], [[2024 New York Proposal 1]], [[2024 Nebraska Initiative 439]], [[2024 Nevada Question 6]], and [[2024 South Dakota Amendment G]].

In 2026, 2024 Nevada Question 6 needs to be approved again to enshrine abortion in the state's constitution, while legislators in Hawaii, Virginia, and the state of Washington proposed similar amendments to codify abortion rights in 2026.<ref>{{Cite web |date=2025-01-20 |title=Virginia Senate pushes forward constitutional amendments |url=https://www.vpm.org/news/2025-01-20/virginia-constitutional-amendments-abortion-marriage-equality-voting-rights |access-date=2025-01-22 |website=VPM |language=en}}</ref><ref>{{Cite web |title=Hawai'i State Legislature |url=https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=297&year=2025 |access-date=24 February 2025}}</ref><ref>{{Cite web |title= SJR 8202 - 2023-24 |url= https://app.leg.wa.gov/billsummary?BillNumber=8202&Year=2023&Initiative=False |access-date=May 29, 2025}}</ref>

== Fetal homicide laws ==

[[Gerardo Flores (murderer)|Gerardo Flores]] was convicted of two counts of capital murder in 2005 under Texas' fetal homicide law. His girlfriend Erica Basoria testified that she had asked him to step on her stomach because her attempts to induce miscarriage on herself had been unsuccessful.<ref>{{cite book |last1=Bradley |first1=Gerard V. |editor1-last=Keown |editor1-first=John |editor2-last=George |editor2-first=Robert P. |title=Reason, Morality, and Law: The Philosophy of John Finnis |date=2013 |publisher=Oxford University Press |page=255}}</ref> Flores said he initially refused but she would not relent until he agreed. Flores admitted to police that he "accidentally, probably" hit Basoria in the face during a fight on the night of the miscarriage. Basoria told police that he was not abusive.<ref>{{Cite news|url=https://www.washingtontimes.com/news/2005/mar/4/20050304-102717-8960r/|title=Unborn twins' death is legal complication|newspaper=The Washington Times|language=en-US|access-date=2020-04-02}}</ref> Texas' fetal homicide law did not allow charges against the mother because she had a right to terminate pregnancy, so only Flores was charged.<ref>{{Cite web|url=https://www.ktre.com/story/15861015/lufkin-man-convicted-of-killing-2-fetuses-filing-appeal|title=Lufkin man convicted of killing 2 fetuses filing appeal|website=ktre.com|date=24 October 2011 |language=en-US|access-date=2020-04-02}}</ref>

In 2019 a woman in Alabama was indicted after she was shot in the stomach for intentionally causing the death of "unborn baby Jones by initiating a fight knowing she was five months pregnant". The charges were later dropped.<ref>{{Cite news| last = Romo| first = Vanessa| title = Woman Indicted For Manslaughter After Death Of Her Fetus, May Avoid Prosecution| work = NPR| access-date = 2024-07-26| date = 2019-06-28| url = https://www.npr.org/2019/06/28/737005113/woman-indicted-for-manslaughter-after-death-of-her-fetus-may-avoid-prosecution}}</ref><ref>{{Cite news| last = Szekely| first = Peter| title = Alabama prosecutor drops charges against woman who lost fetus after being shot| work = Reuters| access-date = 2024-07-26| date = 2019-07-03| url = https://www.reuters.com/article/world/us/alabama-prosecutor-drops-charges-against-woman-who-lost-fetus-after-being-shot-idUSKCN1TY2Q9/}}</ref>

==Medical abortion and telemedical access==
{{main|Alliance for Hippocratic Medicine v. FDA}}

[[Medical abortion]] via [[mifepristone]] and [[misoprostol]] was approved for abortion in the United States by the FDA in September 2000.<ref>{{cite web|title=FDA approval letter for Mifepristone| publisher=FDA |date=28 September 2000|access-date=16 September 2006|url=https://www.fda.gov/cder/foi/appletter/2000/20687appltr.htm |archive-url = http://webarchive.loc.gov/all/20011116012552/http%3A//www%2Efda%2Egov/cder/foi/appletter/2000/20687appltr%2Ehtm <!-- Bot retrieved archive --> |archive-date = 16 November 2001 }}</ref> {{As of|2007}}, it was legal and available in all 50 states, Washington, D.C., [[Guam]], and [[Puerto Rico]].<ref>{{cite web|title=Medication Abortion in the United States: Mifepristone Fact Sheet |year=2005 |publisher=Gynuity Health Projects |url=http://www.gynuity.org/documents/mife_fact_sheet.pdf |url-status=dead |archive-url=https://web.archive.org/web/20070924010831/http://www.gynuity.org/documents/mife_fact_sheet.pdf |archive-date=24 September 2007 }}</ref> It was a prescription drug, and required that it could only be distributed to the public through specially qualified licensed physicians.<ref name="pmid28094905">{{Cite journal|vauthors=Jones RK, Jerman J|date=March 2017|title=Abortion Incidence and Service Availability In the United States 2014|url=https://www.guttmacher.org/journals/psrh/2017/01/abortion-incidence-and-service-availability-united-states-2014|journal=Perspectives on Sexual and Reproductive Health|volume=49-1|issue=1|pages=17–27|doi=10.1363/psrh.12015|pmid=28094905|pmc=5487028|access-date=16 October 2017|archive-date=17 October 2017|archive-url=https://web.archive.org/web/20171017044955/https://www.guttmacher.org/journals/psrh/2017/01/abortion-incidence-and-service-availability-united-states-2014|url-status=live}}</ref>

In the midst of the COVID-19 pandemic on December 16, 2021, in light of the difficulties in accessing in-person healthcare services, the FDA approved the distribution of mifepristone via mail.<ref name="webmd-stay-available-by-mail">{{cite web |title=FDA Allows Abortion Pill to Stay Available by Mail |url=https://www.webmd.com/baby/news/20211217/fda-allows-abortion-pill-to-stay-available-by-mail |website=WebMD |access-date=22 September 2022 |language=en |archive-date=September 22, 2022 |archive-url=https://web.archive.org/web/20220922220021/https://www.webmd.com/baby/news/20211217/fda-allows-abortion-pill-to-stay-available-by-mail |url-status=live }}</ref> In states where abortion is banned or restricted, women are able to obtain pills through ordering from overseas online pharmacies, purchasing from pharmacies in Mexico,<ref name=Taladrid_article>{{cite magazine |last=Taladrid |first=Stephania |title=The Post-Roe Abortion Underground |magazine=[[The New Yorker]] |date=October 10, 2022 |url=https://www.newyorker.com/magazine/2022/10/17/the-post-roe-abortion-underground |url-access=limited}}</ref> from services such as [[Aid Access]],<ref>{{Cite web |last=Kimball |first=Spencer |title=Women in states that ban abortion will still be able to get abortion pills online from overseas |url=https://www.cnbc.com/2022/06/27/women-in-states-that-ban-abortion-will-still-be-able-to-get-abortion-pills-online-from-overseas.html |access-date=2023-02-27 |website=CNBC |date=June 27, 2022 |language=en |archive-date=June 30, 2022 |archive-url=https://web.archive.org/web/20220630000408/https://www.cnbc.com/2022/06/27/women-in-states-that-ban-abortion-will-still-be-able-to-get-abortion-pills-online-from-overseas.html |url-status=live }}</ref> or through a network of U.S.-Mexico border organizations that includes Red Necesito Abortar, [[:es:Las Libres|Las Libres]], and [[Green Wave (abortion rights)|Marea Verde]].<ref name="msmagazine/marea-verde">{{cite news |title='Marea Verde' Feminist Collective Defends the Right To Decide in Mexico: "Sick and Tired of Seeing Our Sisters Go to Jail" – Ms. Magazine |url=https://msmagazine.com/2022/01/10/marea-verde-feminist-mexico-abortion-legal/ |access-date=22 September 2022 |work=[[Ms. (magazine)|Ms.]] |archive-date=September 22, 2022 |archive-url=https://web.archive.org/web/20220922220016/https://msmagazine.com/2022/01/10/marea-verde-feminist-mexico-abortion-legal/ |url-status=live }}</ref><ref name="bbc/news/61874921">{{cite news |title='I need an abortion': The text that gets pills sent in secret |url=https://www.bbc.co.uk/news/world-us-canada-61874921 |access-date=22 September 2022 |work=[[BBC News]] |date=25 August 2022 |archive-date=September 22, 2022 |archive-url=https://web.archive.org/web/20220922220021/https://www.bbc.co.uk/news/world-us-canada-61874921 |url-status=live }}</ref><ref name="dallasnews/influx-of-us-women">{{cite news |title=Abortion doulas in Mexico anticipate influx of U.S. women seeking abortions |url=https://www.dallasnews.com/news/2022/07/05/abortion-doulas-in-mexico-anticipate-influx-of-us-women-seeking-abortions/ |access-date=22 September 2022 |work=[[Dallas News]] |date=5 July 2022 |language=en |archive-date=September 22, 2022 |archive-url=https://web.archive.org/web/20220922220021/https://www.dallasnews.com/news/2022/07/05/abortion-doulas-in-mexico-anticipate-influx-of-us-women-seeking-abortions/ |url-status=live }}</ref><ref name="diario.mx/1934398">{{cite news |last1=Sánchez |first1=Alejandra |title=Ayudan chihuahuenses a mujeres de EU a abortar |url=https://diario.mx/estado/ayudan-chihuahuenses-a-mujeres-de-eu-a-abortar-20220525-1934398.html |access-date=22 September 2022 |work=[[El Diario de Juárez]] |date=25 May 2022 |language=es |quote=El Diario de Chihuahua}}</ref><ref>{{Cite news |date=2022-10-18 |title=Covert network provides pills for thousands of abortions in U.S. post Roe |url=https://www.washingtonpost.com/politics/2022/10/18/illegal-abortion-pill-network/ |access-date=2023-02-27 |newspaper=Washington Post |language=en |archive-date=March 7, 2023 |archive-url=https://web.archive.org/web/20230307141532/https://www.washingtonpost.com/politics/2022/10/18/illegal-abortion-pill-network/ |url-status=live }}</ref>

In January 2023, the U.S. Department of Justice stated that USPS mailing of pills for medication abortion, even into states where abortion services are restricted, does not violate federal law.<ref>{{Cite news |last=Shepardson |first=David |date=2023-01-04 |title=U.S. Postal Service can continue to deliver prescription abortion medication, DOJ says |language=en |work=Reuters |url=https://www.reuters.com/world/us/us-postal-service-can-continue-deliver-prescription-abortion-medication-doj-2023-01-03/ |access-date=2023-02-27 |archive-date=February 27, 2023 |archive-url=https://web.archive.org/web/20230227233819/https://www.reuters.com/world/us/us-postal-service-can-continue-deliver-prescription-abortion-medication-doj-2023-01-03/ |url-status=live }}</ref> In 2023, online access to abortion medication by mail delivered by the U.S. Postal Service is currently available to citizens of all states.<ref>{{Cite web |date=2023-04-15 |title=Get abortion pills by mail in all 50 U.S. states. The help desk and Aid Access doctors are here to support you through the whole online order process. |url=https://aidaccess.org/ |url-status=live |archive-url=https://web.archive.org/web/20230415080619/https://aidaccess.org/ |archive-date=2023-04-15 |access-date=2023-04-15 |website=www.aidaccess.org}}</ref>

In light of the ''Dobbs'' decision, the [[Alliance Defending Freedom]] launched a lawsuit in November 2022 in the [[United States District Court for the Northern District of Texas|Northern District of Texas]] under Judge [[Matthew J. Kacsmaryk]] to seek to overturn the FDA's original approval of mifepristone. The Alliance argued that the FDA had ignored some studies that showed the medication to have harmful side effects, while the current federal administration under Joe Biden, the manufacturers of the drugs, and several doctors vouched for the safety of the drugs and argued that the plaintiffs lacked standing. Judge Kacsmaryk ruled for the Alliance on April 7, 2023, reversing the FDA's approval and banning mifepristone across the United States after seven days.<ref>{{cite news | url = https://www.washingtonpost.com/politics/2023/04/07/texas-abortion-pill-ruling-mifepristone/ | title = Texas judge suspends FDA approval of abortion pill mifepristone | first1 = Ann E. | last1 = Marimow | first2 = Caroline | last2 = Kitchener | first3 = Perry | last3 = Stein | date = April 7, 2023 | accessdate = April 7, 2023 | newspaper = [[The Washington Post]] | archive-date = April 8, 2023 | archive-url = https://web.archive.org/web/20230408003725/https://www.washingtonpost.com/politics/2023/04/07/texas-abortion-pill-ruling-mifepristone/ | url-status = live }}</ref> A district judge in a separate lawsuit, [[Thomas O. Rice]] of the [[United States District Court for the Eastern District of Washington|Eastern District of Washington]], ruled that the FDA should not reverse access to mifepristone in 16 states.<ref name="pillSCOTUS">{{cite web|title=With Dueling Rulings, Abortion Pill Cases Appear Headed to the Supreme Court|url=https://www.nytimes.com/2023/04/08/us/politics/abortion-pill-supreme-court.html|last1=VanSickle|first1=Abbie|last2=Belluck|first2=Pam|website=The New York Times|date=April 8, 2023|access-date=April 13, 2023|archive-date=April 13, 2023|archive-url=https://web.archive.org/web/20230413070104/https://www.nytimes.com/2023/04/08/us/politics/abortion-pill-supreme-court.html|url-status=live}}</ref> Kacsmaryk's ruling was partially reversed by a panel on the [[United States Court of Appeals for the Fifth Circuit|Fifth Circuit Court of Appeals]], leaving mifepristone on the market but reverting efforts made by the FDA to liberalize its use over seven years.<ref>{{cite web|last1=Cheney|first1=Kyle|last2=Gerstein|first2=Josh|last3=Ollstein|first3=Alice|title=Appeals court keeps abortion pill on the market but sharply limits access|url=https://www.politico.com/news/2023/04/13/appeals-court-keeps-mifepristone-on-the-market-but-sharply-limits-access-00091840|website=Politico|date=April 13, 2023|access-date=April 13, 2023|archive-date=April 13, 2023|archive-url=https://web.archive.org/web/20230413120301/https://www.politico.com/news/2023/04/13/appeals-court-keeps-mifepristone-on-the-market-but-sharply-limits-access-00091840|url-status=live}}</ref> The case was appealed to the Supreme Court, and on June 13, 2024, the court ruled that the Alliance Defending Freedom lacked standing to bring the suit.<ref>{{Cite web |last=Hurley |first=Lawrence |date=2024-06-13 |title=Supreme Court rejects bid to restrict access to abortion pill |url=https://www.nbcnews.com/politics/supreme-court/supreme-court-rejects-bid-restrict-access-abortion-pill-rcna151308 |access-date=2024-10-18 |website=NBC News |language=en}}</ref>

As of July 2025, 25 states allowed telemedical abortions without restriction, 13 states allowed abortion but had restrictions on telemedical abortions, and 12 states banned abortion.<ref name=kff>[https://www.kff.org/womens-health-policy/issue-brief/the-intersection-of-state-and-federal-policies-on-access-to-medication-abortion-via-telehealth-after-dobbs/ The Intersection of State and Federal Policies on Access to Medication Abortion Via Telehealth after Dobbs]</ref>
Eight states, including New York and California, have shield laws to enable physicians to remotely prescribe abortion medication to patients in states where abortion is banned, though as of 2025 this is being challenged by Texas and Louisiana. In December 2024, 27% of clinician-assisted abortions were provided through telemedicine: 12% for patients in states without restrictions, 9% for patients in states where abortion was banned, 4% for patients in states with 6-week term limits, and 2% for patients in states with telehealth restrictions.<ref name=kff/>

==Legal status{{anchor|Current_legal_situation}}==

===Federal legislation===
Beyond limitations pertaining to abortion in the context of federal funding, there is little federal legislation protecting or penalizing abortion in the United States.<ref>{{Cite web |last=Blanchfield |first=Luisa |date=April 12, 2024 |title=Abortion Funding Restrictions in Foreign Assistance Legislation |url=https://crsreports.congress.gov/product/pdf/download/IF/IF12235/IF12235.pdf/ |access-date=May 30, 2024 |website=[[Congressional Research Service]]}}</ref> This is because the federal government is one of limited and enumerated powers, such that the Supreme Court has held that "direct control of medical practice in the states is beyond the power of the federal government" and that the federal government has no general police power to legislate over health, education, and welfare.<ref>{{Cite web |title=State Powers {{!}} Federalism {{!}} CONSTITUTION USA with Peter Sagal |url=https://www.pbs.org/tpt/constitution-usa-peter-sagal/federalism/state-powers/ |access-date=2025-04-29 |website=Constitution USA |language=en}}</ref><ref>{{Cite web |last=Kopel |first=David |date=2011-12-01 |title=Supreme Court: "Obviously, direct control of medical practice in the states is beyond the power of the federal government." |url=https://volokh.com/2011/12/01/supreme-court-obviously-direct-control-of-medical-practice-in-the-states-is-beyond-the-power-of-the-federal-government/ |access-date=2025-04-29 |website=The Volokh Conspiracy |language=en-US}}</ref><ref>{{Cite web |last=Thaldar |first=Donrich |date=2023-01-03 |title=Is a Federal Medical License Constitutional? - Petrie-Flom Center |url=https://petrieflom.law.harvard.edu/2023/01/03/is-a-federal-medical-license-constitutional/ |access-date=2025-04-29 |website=petrieflom.law.harvard.edu |language=en-US}}</ref>

The [[Partial-Birth Abortion Ban Act|Partial-Birth Abortion Ban Act of 2003]], [[Freedom of Access to Clinic Entrances Act|Freedom of Access to Clinic Entrances Act of 1994]], and [[Comstock Act of 1873]] are some of the few pieces of existing federal law that provide substantive criminal provisions either protecting or penalizing abortion. The provisions in the Partial Birth Abortion Ban Act and the Freedom of Access to Clinic Entrances Act cover activity affecting [[Commerce Clause|interstate or foreign commerce]], to which the former was upheld (against constitutional attack under the [[Fifth Amendment to the United States Constitution|5th amendment]]) by the Supreme Court in ''[[Gonzales v. Carhart]]'' (2007).<ref name="nyt-greenhouse">{{cite news |last=Greenhouse |first=Linda |author-link=Linda Greenhouse |date=April 19, 2007 |title=Justices Back Ban on Method of Abortion |url=https://www.nytimes.com/2007/04/19/washington/19scotus.html |url-status=live |archive-url=https://web.archive.org/web/20190129235523/https://www.nytimes.com/2007/04/19/washington/19scotus.html |archive-date=January 29, 2019 |access-date=January 3, 2010 |work=The New York Times}}</ref> The provisions of the Comstock Act primarily cover activity using the [[Postal Clause|mail or postal system]], and the Comstock Act was first upheld by Supreme Court in ''[[Ex parte Jackson]]'' (1878).<ref>{{Cite journal |last=Lucas |first=Roy |date=2003 |title=Forgotten Supreme Court abortion cases: Drs. Hawker and Hurwitz in the deck and defrocked |url=https://digitalcommons.pepperdine.edu/cgi/viewcontent.cgi?article=1305&context=plr |journal=Pepperdine Law Review |volume=30 |issue=4 |pages=641–670 |issn=0092-430X |pmid=15237509 |quote=Jackson upheld a law excluding from the mail any circulars or letters concerning 'lotteries' which were then 'widely considered 'to have a demoralizing influence upon the people.' The Court's unanimous decision relied upon the example of the act of March 3, 1873 [Comstock Act], in which Congress declared 'that no obscene, lewd, or lascivious book, pamphlet, picture, paper, print, or other publication of an indecent character, or any article or thing designed or intended for the prevention of conception or procuring of abortion&nbsp;...' could be carried in the mails.}}</ref>

The legality of abortion is frequently a major issue in nomination battles for the U.S. Supreme Court. Nominees typically remain silent on the issue during their hearings, as the issue may come before them as judges.<ref>{{cite web|url=https://news.bloomberglaw.com/us-law-week/roe-abortion-decision-fueled-supreme-court-confirmation-wars|title=Roe Abortion Decision Fueled Supreme Court Confirmation Wars|last=Alder|first=Madison|date=November 30, 2021|access-date=December 13, 2022|archive-date=December 14, 2022|archive-url=https://web.archive.org/web/20221214072542/https://news.bloomberglaw.com/us-law-week/roe-abortion-decision-fueled-supreme-court-confirmation-wars|url-status=live}}</ref> In 2021, the [[Women's Health Protection Act]], which would protect abortion rights by federal statute, was introduced by [[Judy Chu]].<ref>{{Cite web |date=8 June 2021 |title=Women's Health Protection Act of 2021 |url=https://www.congress.gov/bill/117th-congress/house-bill/3755 |access-date=26 June 2022 |website=Congress |archive-date=June 26, 2022 |archive-url=https://web.archive.org/web/20220626102556/https://www.congress.gov/bill/117th-congress/house-bill/3755 |url-status=live }}</ref> The bill passed the [[U.S. House of Representatives]] but was rejected by the [[U.S. Senate]].<ref>{{Cite web |date=28 February 2022 |title=Senate rejects Democratic bill to codify abortion rights |url=https://www.nbcnews.com/politics/congress/senate-rejects-democratic-bill-codify-abortion-rights-rcna17968 |access-date=26 June 2022 |website=NBC News |archive-date=June 26, 2022 |archive-url=https://web.archive.org/web/20220626132931/https://www.nbcnews.com/politics/congress/senate-rejects-democratic-bill-codify-abortion-rights-rcna17968 |url-status=live }}</ref> After the ''Dobbs'' decision, [[Merrick Garland]], then-[[U.S. Attorney General]], asserted that under federal law, states do not have the power to restrict access to FDA-approved abortion pills.<ref>{{cite web |url=https://www.axios.com/2022/06/24/merrick-garland-fda-abortion-pills-state-bans |title=AG Garland: States can't ban FDA-approved abortion pills on safety grounds |author=Jacob Knutson |date=24 June 2022 |publisher=[[Axios (website)|Axios]] |access-date=June 25, 2022 |archive-date=June 25, 2022 |archive-url=https://web.archive.org/web/20220625183558/https://www.axios.com/2022/06/24/merrick-garland-fda-abortion-pills-state-bans |url-status=live }}</ref>

On September 13, 2022, Republican senator [[Lindsey Graham]] introduced, and likewise failed to pass, federal legislation banning abortion nationwide after 15-weeks post-gestation with exceptions for rape, incest, and the life of the pregnant person, named the Protecting Pain-Capable Unborn Children from Late-Term Abortions Act.<ref>{{Cite web |title=Sen. Graham introduces bill to ban abortion nationwide at 15 weeks |url=https://www.nbcnews.com/politics/congress/sen-graham-introduces-bill-ban-abortion-nationwide-15-weeks-rcna47530 |access-date=2022-09-13 |website=NBC News |language=en |archive-date=September 26, 2022 |archive-url=https://web.archive.org/web/20220926053540/https://www.nbcnews.com/politics/congress/sen-graham-introduces-bill-ban-abortion-nationwide-15-weeks-rcna47530 |url-status=live }}</ref><ref>{{Cite web |title=Graham's abortion ban stuns Senate GOP |url=https://www.politico.com/news/2022/09/13/grahams-abortion-ban-senate-gop-00056423 |access-date=2022-09-13 |website=Politico |date=September 13, 2022 |language=en |archive-date=September 15, 2022 |archive-url=https://web.archive.org/web/20220915103358/https://www.politico.com/news/2022/09/13/grahams-abortion-ban-senate-gop-00056423 |url-status=live }}</ref><ref>{{Cite news |last=Karni |first=Annie |date=2022-09-13 |title=Graham Proposes 15-Week Abortion Ban, Seeking to Unite Republicans |language=en-US |work=The New York Times |url=https://www.nytimes.com/2022/09/13/us/politics/lindsey-graham-abortion.html |access-date=2022-09-13 |issn=0362-4331 |archive-date=September 26, 2022 |archive-url=https://web.archive.org/web/20220926225758/https://www.nytimes.com/2022/09/13/us/politics/lindsey-graham-abortion.html |url-status=live }}</ref> 

===Penalties by state===
Currently, 12 states have criminal penalties for performing abortions, regardless of [[gestational age]].<ref>{{cite web | url=https://www.goodmorningamerica.com/news/story/abortion-stands-state-state-state-breakdown-abortion-laws-85390463 | title=Where abortion stands in your state: A state-by-state breakdown of abortion laws }}</ref> The penalties in states that have made abortion illegal vary, as outlined below.

This chart lists only the penalties authorized specifically by the state laws which explicitly restrict (or ban) abortions. The chart does not address the risk of being prosecuted for violating any other law because of the abortion. The jurisprudence surrounding this question – whether laws such as "fetal-personhood laws",<ref>{{cite news | url=https://abcnews.go.com/Health/wireStory/explainer-role-personhood-abortion-debate-87680195 | title=EXPLAINER: What's the role of personhood in abortion debate? | website=[[ABC News (United States)|ABC News]] | access-date=September 29, 2022 | archive-date=September 29, 2022 | archive-url=https://web.archive.org/web/20220929070532/https://abcnews.go.com/Health/wireStory/explainer-role-personhood-abortion-debate-87680195 | url-status=live }}</ref> or laws originally intended to protect pregnant women and their pregnancies from external aggressors, can now also be used to prosecute women who obtain abortions, or who terminate their own pregnancies, deliberately or unintentionally<ref>{{cite web | url=https://abcnews.go.com/Politics/prosecuting-pregnancy-loss-advocates-fear-post-roe-surge/story?id=89812204 | title=Prosecuting pregnancy loss: Why advocates fear a post-Roe surge of charges | website=[[ABC News (United States)|ABC News]] | access-date=September 29, 2022 | archive-date=September 29, 2022 | archive-url=https://web.archive.org/web/20220929070534/https://abcnews.go.com/Politics/prosecuting-pregnancy-loss-advocates-fear-post-roe-surge/story?id=89812204 | url-status=live }}</ref> – is unsettled, variable, and, in some states, unclear.<ref>{{cite web | url=https://www.npr.org/2022/07/03/1109015302/abortion-prosecuting-pregnancy-loss | title=Losing a pregnancy could land you in jail in post-Roe America | website=NPR }}</ref>
States with criminal penalties that are blocked by a court, have yet to take effect, or are unenforced are denoted by a grey background.
{|class="wikitable"
|-
!rowspan=2|State
!colspan=2|Sentence
|-
!width=40%|Abortion providers
!width=40%|Patients getting abortions
|-
|{{flag+link|Abortion in|Alabama}} || Performing an abortion is a Class A felony punishable by imprisonment for at least 10 years up to 99 years or life. Attempting to perform an abortion is a Class C felony punishable by imprisonment for at least 1 year and 1 day up to 10 years.<ref>{{cite web |url=https://legiscan.com/AL/text/HB314/id/2018876 |title=HB314 |access-date=28 July 2022 |archive-date=July 28, 2022 |archive-url=https://web.archive.org/web/20220728122603/https://legiscan.com/AL/text/HB314/id/2018876 |url-status=live }}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url= https://legiscan.com/AL/text/HB314/id/2018876 |title= HB314 |access-date= 28 July 2022 |quote= Section 5. No woman upon whom an abortion is performed or attempted to be performed shall be criminally or civilly liable. |archive-date= July 28, 2022 |archive-url= https://web.archive.org/web/20220728122603/https://legiscan.com/AL/text/HB314/id/2018876 |url-status= live }}</ref>
|-
|{{flag+link|Abortion in|Arkansas}} || Performing or attempting to perform an abortion is an unclassified felony punishable by imprisonment not to exceed 10 years and/or a maximum fine of $100,000.<ref>{{cite web |url=https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2F&file=309.pdf&ddBienniumSession=2021%2F2021R |title=SB6 |access-date=28 July 2022 |archive-date=August 12, 2022 |archive-url=https://web.archive.org/web/20220812100320/https://www.arkleg.state.ar.us/Acts/FTPDocument?path=/ACTS/2021R/Public/&file=309.pdf&ddBienniumSession=2021/2021R |url-status=live }}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url= https://www.arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2021R%2FPublic%2F&file=309.pdf&ddBienniumSession=2021%2F2021R |title= SB6 |access-date= 28 July 2022 |quote= 5-61-404. Prohibition. (c) This section does not: (1) Authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child. |archive-date= August 12, 2022 |archive-url= https://web.archive.org/web/20220812100320/https://www.arkleg.state.ar.us/Acts/FTPDocument?path=/ACTS/2021R/Public/&file=309.pdf&ddBienniumSession=2021/2021R |url-status= live }}</ref>
|-
|{{flag+link|Abortion in|Idaho}} || Performing an abortion is a felony punishable by imprisonment for not less than 2 and not more than 5 years and/or a maximum fine of $5,000.<ref>{{cite web |url=https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title18/T18CH6.pdf |title=Title 18 Crimes and Punishments Chapter 6 Abortion and Contraceptives |access-date=28 July 2022 |archive-date=August 11, 2022 |archive-url=https://web.archive.org/web/20220811120417/https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title18/T18CH6.pdf |url-status=live }}</ref> || Purposely terminating a pregnancy other than by live birth is a felony punishable by imprisonment for not less than 1 and not more than 5 years and/or a maximum fine of $5,000.<ref>{{cite web |url=https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title18/T18CH6.pdf |title=Title 18 Crimes and Punishments Chapter 6 Abortion and Contraceptives |access-date=28 July 2022 |quote=18-606 (2) Every woman who knowingly submits to an abortion or solicits of another, for herself, the production of an abortion, or who purposely terminates her own pregnancy otherwise than by a live birth, shall be deemed guilty of a felony... |archive-date=August 11, 2022 |archive-url=https://web.archive.org/web/20220811120417/https://legislature.idaho.gov/wp-content/uploads/statutesrules/idstat/Title18/T18CH6.pdf |url-status=live }}</ref>
|-
|{{flag+link|Abortion in|Indiana}}
|| Performing an illegal abortion is a Level 5 felony punishable by imprisonment for 1 to 6 years and/or a fine of up to $10,000.<ref>{{cite web|url=http://iga.in.gov/legislative/2022ss1/bills/senate/1|title=Senate Bill 1|access-date=8 October 2022|archive-date=October 9, 2022|archive-url=https://web.archive.org/web/20221009075736/http://iga.in.gov/legislative/2022ss1/bills/senate/1|url-status=live}}</ref>||None authorized by the state's ban on abortion.<ref>{{cite web|url=http://iga.in.gov/legislative/2022ss1/bills/senate/1|title=Senate Bill 1|quote=The following sections of this chapter do not apply to a pregnant woman who terminates her own pregnancy or kills a fetus that she is carrying|access-date=8 October 2022|archive-date=October 9, 2022|archive-url=https://web.archive.org/web/20221009075736/http://iga.in.gov/legislative/2022ss1/bills/senate/1|url-status=live}}</ref>
|-
|{{flag+link|Abortion in|Kentucky}} || Intentional termination of life of an unborn human being is a class D felony punishable by imprisonment for not less than 1 and not more than 5 years.<ref>{{cite web |url=https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49228 |title=KRS Chapter 311 |access-date=28 July 2022 |archive-date=June 10, 2022 |archive-url=https://web.archive.org/web/20220610124543/https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49228 |url-status=live }}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49228 |title=KRS Chapter 311 |access-date=28 July 2022 |quote=311.772 (5) Nothing in this section may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty |archive-date=June 10, 2022 |archive-url=https://web.archive.org/web/20220610124543/https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49228 |url-status=live }}</ref>
|-
|{{flag+link|Abortion in|Louisiana}} || Committing an abortion is punishable by imprisonment for not less than one year and not more than ten years and/or a fine of not less than $10,000 or more than $100,000.<ref>{{cite web |url=https://legiscan.com/LA/text/SB342/2022 |title=SB342 |access-date=28 July 2022 |quote= |archive-date=May 12, 2022 |archive-url=https://web.archive.org/web/20220512235205/https://legiscan.com/LA/text/SB342/2022 |url-status=live }}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://legiscan.com/LA/text/SB342/2022 |title=SB342 |access-date=28 July 2022 |quote=87.7. D. This Section does not apply to a pregnant female upon whom an abortion is committed or performed in violation of this Section and the pregnant female shall not be held responsible for the criminal consequences of any violation of this Section. |archive-date=May 12, 2022 |archive-url=https://web.archive.org/web/20220512235205/https://legiscan.com/LA/text/SB342/2022 |url-status=live }}</ref>
|-
|{{flag+link|Abortion in|Mississippi}} || Performing or attempting to perform an abortion is punishable by imprisonment for not less than 1 year and not more than 10 years.<ref>{{cite web |url=https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-41-45.html |title=Mississippi Code Title 41. Public Health |access-date=28 July 2022 |archive-date=July 2, 2022 |archive-url=https://web.archive.org/web/20220702191806/https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-41-45.html |url-status=live }}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-41-45.html |title=Mississippi Code Title 41. Public Health |access-date=28 July 2022 |quote=41-41-45. (4) Any person, except the pregnant woman, who purposefully, knowingly or recklessly performs or attempts to perform or induce an abortion in the State of Mississippi... |archive-date=July 2, 2022 |archive-url=https://web.archive.org/web/20220702191806/https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-41-45.html |url-status=live }}</ref>
|- style="background-color: lightgrey;"
|{{flag+link|Abortion in|Missouri}} || Performing an abortion is a class B felony punishable by imprisonment for at least five years and no more than fifteen years.<ref>{{cite web |url=https://revisor.mo.gov/main/OneSection.aspx?section=188.017&bid=47548&hl= |title=Title XII Public Health and Welfare Chapter 188 |access-date=28 July 2022 |archive-date=July 28, 2022 |archive-url=https://web.archive.org/web/20220728122501/https://revisor.mo.gov/main/OneSection.aspx?section=188.017&bid=47548&hl= |url-status=live }}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://revisor.mo.gov/main/OneSection.aspx?section=188.017&bid=47548&hl= |title=Title XII Public Health and Welfare Chapter 188 |access-date=28 July 2022 |quote=188.017. 2. A woman upon whom an abortion is performed or induced in violation of this subsection shall not be prosecuted for a conspiracy to violate the provisions of this subsection. |archive-date=July 28, 2022 |archive-url=https://web.archive.org/web/20220728122501/https://revisor.mo.gov/main/OneSection.aspx?section=188.017&bid=47548&hl= |url-status=live }}</ref>

|- style="background-color: lightgrey;"
|{{flag+link|Abortion in|North Dakota}} || Performing an abortion is a class C felony punishable by imprisonment for a maximum of five years and/or a fine of $10,000.<ref>{{cite web |url=https://ndlegis.gov/cencode/t12-1c31.pd |title=Century Code Chapter 12.1–31 Miscellaneous Offenses |access-date=28 July 2022 }}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://ndlegis.gov/cencode/t12-1c31.pd |title=Century Code Chapter 12.1–31 Miscellaneous Offenses |access-date=28 July 2022 |quote= 12.1-31-12. 2. It is a class C felony for a person, other than the pregnant female upon whom the abortion was performed, to perform an abortion.}}</ref>
|-
|{{flag+link|Abortion in|Oklahoma}} || Performing or attempting to perform an abortion is a felony punishable by imprisonment for a term not to exceed ten years and/or a maximum fine of $100,000.<ref>{{cite web |url=https://legiscan.com/OK/text/SB612/2022 |title=SB612 |access-date=28 July 2022 |archive-date=July 28, 2022 |archive-url=https://web.archive.org/web/20220728122502/https://legiscan.com/OK/text/SB612/2022 |url-status=live }}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://legiscan.com/OK/text/SB612/2022 |title=SB612 |access-date=28 July 2022 |quote=B. 3. This section does not: a. authorize the charging or conviction of a woman with any criminal offense in the death of her own unborn child. |archive-date=July 28, 2022 |archive-url=https://web.archive.org/web/20220728122502/https://legiscan.com/OK/text/SB612/2022 |url-status=live }}</ref>
|-
|{{flag+link|Abortion in|South Dakota}} || colspan="2" |Procurement of abortion is a class 6 felony punishable by up to two years imprisonment and/or a fine of $4,000.<ref>{{cite web |url=https://sdlegislature.gov/Statutes/Codified_Laws/2047216 |title=Codified Laws 22-17-5.1 |access-date=28 July 2022 |archive-date=July 21, 2022 |archive-url=https://web.archive.org/web/20220721053845/https://sdlegislature.gov/Statutes/Codified_Laws/2047216 |url-status=live }}</ref> 
|-
|{{flag+link|Abortion in|Tennessee}} || Performing or attempting to perform an abortion is a class C felony punishable by imprisonment for not less than 3 years and not more than 15 years.<ref>{{cite web |url=https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-21-heartbeat-bill.pdf |title=T. C. A. § 39-15-217 |access-date=28 July 2022}}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-21-heartbeat-bill.pdf |title=T. C. A. § 39-15-217 |access-date=28 July 2022 |quote=No penalty may be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or induced. |archive-date=July 28, 2022 |archive-url=https://web.archive.org/web/20220728122502/https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-21-heartbeat-bill.pdf |url-status=live }}</ref>
|-
|{{flag+link|Abortion in|Texas}} || Performing or attempting to perform an abortion is a first-degree felony if an unborn child ("an individual living member of the homo sapiens species from fertilization until birth, including the entire embryonic and fetal stages of development") dies as a result of the offense punishable by imprisonment of not less than 5 years and not more than 99 years and a maximum fine of $10,000; or a second-degree felony otherwise punishable by imprisonment of not less than 2 years and not more than 20 years and a maximum fine of $10,000.<ref>{{cite web |url=https://statutes.capitol.texas.gov/Docs/HS/htm/HS.170A.htm |title=Health and Safety Code Title 2 Health Subtitle H Public Health Provisions Chapter 170A Performance of Abortion |access-date=28 July 2022 |archive-date=July 28, 2022 |archive-url=https://web.archive.org/web/20220728122501/https://statutes.capitol.texas.gov/Docs/HS/htm/HS.170A.htm |url-status=live }}</ref> || None authorized by the state's ban on abortion.<ref>{{cite web |url=https://statutes.capitol.texas.gov/Docs/HS/htm/HS.170A.htm |title=Health and Safety Code Title 2 Health Subtitle H Public Health Provisions Chapter 170A Performance of Abortion |access-date=28 July 2022 |quote=Sec. 170A.003. Construction of Chapter. This chapter may not be construed to authorize the imposition of criminal, civil, or administrative liability or penalties on a pregnant female on whom an abortion is performed, induced, or attempted. |archive-date=July 28, 2022 |archive-url=https://web.archive.org/web/20220728122501/https://statutes.capitol.texas.gov/Docs/HS/htm/HS.170A.htm |url-status=live }}</ref>

|- style="background-color: lightgrey;"
|{{flag+link|Abortion in|Utah}} || colspan="2" | Killing an unborn child (not defined in the statute) is a second-degree felony punishable by imprisonment for not less than 1 and not more than 15 years.<ref>{{cite web |url=https://le.utah.gov/xcode/Title76/Chapter7/76-7-S314.html |title=Utah Criminal Code Section 314 |access-date=28 July 2022 |archive-date=July 28, 2022 |archive-url=https://web.archive.org/web/20220728122502/https://le.utah.gov/xcode/Title76/Chapter7/76-7-S314.html |url-status=live }}</ref> 
|-
|{{flag+link|Abortion in|West Virginia}}
|| Performing an illegal abortion is a felony punishable by imprisonment for a minimum of 3 years and a maximum of 10 years.<ref>{{cite web|url=https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=HB302%20ORG.htm&yr=2022&sesstype=3X&i=302|title=HB 302|access-date=9 October 2022|archive-date=September 27, 2022|archive-url=https://web.archive.org/web/20220927232152/https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=HB302%20ORG.htm&yr=2022&sesstype=3X&i=302|url-status=live}}</ref>||None authorized by the state's ban on abortion.<ref>{{cite web|url=https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=HB302%20ORG.htm&yr=2022&sesstype=3X&i=302|title=HB 302|access-date=9 October 2022|quote=(c) This section may not be construed to subject a mother to a criminal penalty for any violation of this section.|archive-date=September 27, 2022|archive-url=https://web.archive.org/web/20220927232152/https://www.wvlegislature.gov/Bill_Status/bills_text.cfm?billdoc=HB302%20ORG.htm&yr=2022&sesstype=3X&i=302|url-status=live}}</ref>

|- style="background-color: lightgrey;"
|{{flag+link|Abortion in|Wyoming}} || colspan="2" | Violation of abortion restrictions is a felony punishable by imprisonment for not more than 14 years.<ref>{{cite web |url=https://wyoleg.gov/statutes/compress/title35.pdf |title=Title 35 Public Health and Safety |access-date=28 July 2022 |archive-date=June 30, 2022 |archive-url=https://web.archive.org/web/20220630085145/https://wyoleg.gov/statutes/compress/title35.pdf |url-status=live }}</ref> 
|}

===State-by-state legal status===
{{main|Abortion in the United States by state|Types of abortion restrictions in the United States}}
{{multiple issues|section=yes|
{{Disputed section|date=May 2022|Content dispute in section: State-by-state legal status}}
{{Original research section|reason=due to uncited, undated maps.|date=May 2022}}
}}
[[File:Abortion access protections in the US by state.svg|thumb|upright=1.5|States in which the right to an abortion is protected, either through state law, a state supreme court ruling, or both.<ref name="The New York Times 2022">{{cite web |date=2024-03-25 |title=Abortion rights across the US: we track where laws stand in every state |url=https://www.theguardian.com/us-news/ng-interactive/2023/nov/10/state-abortion-laws-us |access-date=2024-03-23 |website=The Guardian}}</ref><ref name=":4" />
{{legend|#00B22F|Abortion access protected by state law}}
{{legend|#0057FF|Abortion access protected by state Constitution}}
{{legend|#008597|Abortion access protected via both state law and state Constitution}}
{{legend|#dbdbdb|No state level protections}}
{{legend|#d40000|Abortion access restricted by state Constitution}}]]
[[Image:Map of US mandatory waiting period laws.svg|thumb|upright=1.5|Mandatory waiting period laws in the US 
{{legend|#f5ffaa;|No mandatory waiting period.}}
{{legend|#d1d1d1;|Waiting period law currently enjoined.}}
{{legend|#5c77ec;|Waiting period of 18 hours.}}
{{legend|#c148ff;|Waiting period of 24 hours.}}
{{legend|#c14830;|Waiting period of 48 hours.}}
{{legend|#ff4830;|Waiting period of 72 hours.}}
{{legend|#000000;|No elective abortion.}}
]]
Prior to 2021, abortion was legal in all U.S. states,<ref>{{cite web |title=Three Years of Texas S.B. 8 |url=https://reproductiverights.org/three-years-texas-sb8-abortion-ban/?__cf_chl_tk=Ku_amVvy1ZTaTkp5snGPyE_gwdgnm9q07WWNkb2Rbfk-1724872823-0.0.1.1-4884 |website=[[Center for Reproductive Rights]] | date=August 28, 2024 |access-date=30 August 2024}}</ref> and every state had at least one abortion clinic.<ref>{{cite web |url=https://consult.womenhelp.org/en/using-abortion-pills-for-safe-abortion-usa |title=Using Abortion Pills for Safe Abortion in the USA. Self-Managed Abortion; Safe and Supported (SASS). Women Help Women Consultation |publisher=Consult.womenhelp.org |date=January 12, 2017 |access-date=July 21, 2017 |archive-date=June 25, 2022 |archive-url=https://web.archive.org/web/20220625030649/https://consult.womenhelp.org/en/using-abortion-pills-for-safe-abortion-usa |url-status=live }}</ref><ref>{{cite web |author=Politics |url=http://www.businessinsider.com/how-many-abortion-clinics-are-in-america-each-state-2017-2 |title=Here's how many abortion clinics are in each state |website=Business Insider |date=February 10, 2017 |access-date=July 21, 2017 |archive-date=June 27, 2022 |archive-url=https://web.archive.org/web/20220627205652/https://www.businessinsider.com/how-many-abortion-clinics-are-in-america-each-state-2017-2 |url-status=live }}</ref> Abortion is a controversial political issue, and regular attempts to restrict it occur in most states. Two such cases, originating in [[Texas]] and [[Louisiana]], led to the Supreme Court cases of ''[[Whole Woman's Health v. Hellerstedt]]'' (2016) and ''[[June Medical Services, LLC v. Russo]]'' (2020) in which several Texas and Louisiana restrictions were struck down.<ref>{{cite news|url=https://www.bbc.com/news/world-us-canada-36641063|title=Strict Texas abortion law struck down|date=June 27, 2016|work=BBC News}}</ref><ref>{{Cite news| url=https://www.nytimes.com/2020/06/29/us/supreme-court-abortion-louisiana.html| title=Supreme Court Strikes Down Louisiana Abortion Law, With Roberts the Deciding Vote| first=Adam| last=Liptak| newspaper=The New York Times| date=June 29, 2020| access-date=June 29, 2020| archive-date=July 1, 2020| archive-url=https://web.archive.org/web/20200701052059/https://www.nytimes.com/2020/06/29/us/supreme-court-abortion-louisiana.html| url-status=live}}</ref>

The issue of [[minors and abortion]] is regulated at the state level, and 37 states require some parental involvement, either in the form of [[parental consent]] or in the form of parental notification. In certain situations, the parental restrictions can be overridden by a court.<ref>{{cite web|url=https://www.guttmacher.org/state-policy/explore/parental-involvement-minors-abortions|title=Parental Involvement in Minors' Abortions|date=March 1, 2022|website=Guttmacher Institute|access-date=June 5, 2018|archive-date=July 11, 2022|archive-url=https://web.archive.org/web/20220711063505/https://www.guttmacher.org/state-policy/explore/parental-involvement-minors-abortions|url-status=live}}</ref> Mandatory waiting periods, mandatory ultrasounds and scripted counseling are common abortion regulations. Abortion laws are generally stricter in conservative [[Southern United States|Southern states]] than they are in other parts of the country.{{cn|date=October 2025}}

In 2019, New York passed the [[Reproductive Health Act]] (RHA), which repealed a pre-''Roe'' provision that banned third-trimester abortions except in cases where the continuation of the pregnancy endangered a pregnant woman's life.<ref>{{cite web |url=https://newyork.cbslocal.com/2019/01/22/reproductive-health-act-new-york-legislature-gov-andrew-cuomo-roe-v-wade/ |title=New York Dems Flex Muscles, Pass Reproductive Health Act |publisher=CBSNewYork |date=January 22, 2019 |access-date=January 25, 2019 |archive-date=August 13, 2021 |archive-url=https://web.archive.org/web/20210813180611/https://newyork.cbslocal.com/2019/01/22/reproductive-health-act-new-york-legislature-gov-andrew-cuomo-roe-v-wade/ |url-status=live }}</ref><ref>{{cite web |url=https://www.huffingtonpost.com/entry/andrew-cuomo-abortion-bill_us_5c480bebe4b0b66936751a47 |title=Andrew Cuomo Signs Abortion Bill Into Law, Codifying Roe v. Wade |last=Russo |first=Amy |date=January 23, 2019 |website=HuffPost |access-date=May 15, 2022 |archive-date=February 17, 2019 |archive-url=https://web.archive.org/web/20190217093158/https://www.huffingtonpost.com/entry/andrew-cuomo-abortion-bill_us_5c480bebe4b0b66936751a47 |url-status=live }}</ref>

[[Abortion in the Northern Mariana Islands]], a United States Commonwealth territory, is illegal.<ref>{{cite news|url=https://www.saipantribune.com/index.php/95c9b96c-1dfb-11e4-aedf-250bc8c9958e/|title=Legal opinion backs abortion|newspaper=Saipan Tribune|date=May 12, 2000|access-date=May 15, 2022|archive-date=May 15, 2022|archive-url=https://web.archive.org/web/20220515080730/https://www.saipantribune.com/index.php/95c9b96c-1dfb-11e4-aedf-250bc8c9958e/|url-status=live}}</ref><ref>{{cite news|url=https://www.saipantribune.com/index.php/95ea6e82-1dfb-11e4-aedf-250bc8c9958e/|title=Lang: Abortion is illegal in CNMI|newspaper=Saipan Tribune|date=May 17, 2000|access-date=May 15, 2022|archive-date=May 5, 2022|archive-url=https://web.archive.org/web/20220505212211/http://www.saipantribune.com/index.php/95ea6e82-1dfb-11e4-aedf-250bc8c9958e/|url-status=live}}</ref><ref>{{cite news|last1=Boyette|first1=Chris|last2=Croft|first2=Jay|date=June 7, 2019|url=https://www.cnn.com/2019/06/07/us/guam-abortion-legal-no-provider/index.html|title=Abortion is legal in Guam. But the closest provider is a long flight away|publisher=CNN|access-date=May 15, 2022|archive-date=May 15, 2022|archive-url=https://web.archive.org/web/20220515080729/https://www.cnn.com/2019/06/07/us/guam-abortion-legal-no-provider/index.html|url-status=live}}</ref>

Alabama House Republicans passed a law on April 30, 2019, that will criminalize most abortion if it goes into effect.<ref>{{cite web|url=https://www.cnn.com/2019/05/01/politics/alabama-house-abortion-bill/index.html|title=Alabama House passes bill that would make abortion a felony|last=Stracqualursi|first=Veronica|date=May 1, 2019|website=CNN|access-date=May 2, 2019|archive-date=May 1, 2019|archive-url=https://web.archive.org/web/20190501233458/https://www.cnn.com/2019/05/01/politics/alabama-house-abortion-bill/index.html|url-status=live}}</ref> Dubbed the "[[Human Life Protection Act]]", it offers only two exceptions: serious health risk to the mother or a lethal fetal anomaly. Amendments that would have added cases of rape or incest to the list of exceptions were rejected<ref name="challenge">{{cite web|url=https://www.npr.org/2019/05/01/719096129/alabama-lawmakers-move-to-outlaw-abortion-in-challenge-to-roe-v-wade|title=Alabama Lawmakers Move To Outlaw Abortion In Challenge To Roe V. Wade|last=Elliott|first=Debbie|date=May 1, 2019|website=NPR|access-date=May 6, 2019|archive-date=May 16, 2019|archive-url=https://web.archive.org/web/20190516093507/https://www.npr.org/2019/05/01/719096129/alabama-lawmakers-move-to-outlaw-abortion-in-challenge-to-roe-v-wade|url-status=live}}</ref> It will also make the procedure a [[Class A felony]].<ref>{{cite web|url=https://www.cbsnews.com/news/alabama-abortion-law-ahead-of-abortion-bill-debate-alabama-lieutenant-governor-urges-against-rape-incest-2019-05-13/| title=Ahead of Alabama abortion bill debate, Lieutenant Governor fights against rape and incest exceptions| last=Smith|first=Kate| date=May 13, 2019|website=CBS News|access-date=May 14, 2019}}</ref> Twenty-five male Alabama senators voted to pass the law on May 13.<ref>{{cite web|url=https://www.cbsnews.com/news/alabama-abortion-law-state-criminalized-for-women-every-single-yes-vote-was-cast-by-white-man-2019-05-15/|title=Alabama just criminalized abortions – and every single yes vote was cast by a white man|last=Garrand|first=Danielle|date=May 15, 2019|website=CBS News|access-date=May 15, 2019|archive-date=May 16, 2019|archive-url=https://web.archive.org/web/20190516114608/https://www.cbsnews.com/news/alabama-abortion-law-state-criminalized-for-women-every-single-yes-vote-was-cast-by-white-man-2019-05-15/|url-status=live}}</ref> The next day, Alabama governor [[Kay Ivey]] signed the bill into law, primarily as a symbolic gesture in hopes of challenging ''Roe v. Wade'' in the Supreme Court.<ref>{{cite web| url=https://www.cnn.com/2019/05/15/politics/alabama-governor-signs-bill/index.html| title=Alabama governor signs nation's most restrictive anti-abortion bill into law| last=Kelly| first=Caroline| date=May 15, 2019| website=CNN| access-date=May 15, 2019| archive-date=May 15, 2019| archive-url=https://web.archive.org/web/20190515225936/https://www.cnn.com/2019/05/15/politics/alabama-governor-signs-bill/index.html| url-status=live}}</ref><ref>{{cite web| url=https://www.foxnews.com/us/alabama-has-gone-too-far-with-extreme-abortion-bill-pat-robertson-says| title=Alabama 'has gone too far' with 'extreme' abortion bill, Pat Robertson says| last=Rambaran| first=Vandana| date=May 15, 2019| website=Fox News| access-date=May 15, 2019| archive-date=May 15, 2019| archive-url=https://web.archive.org/web/20190515212007/https://www.foxnews.com/us/alabama-has-gone-too-far-with-extreme-abortion-bill-pat-robertson-says| url-status=live}}</ref>

Since Alabama introduced the first modern anti-abortion legislation in April 2019, five other states have also adopted abortion laws including Mississippi, Kentucky, Ohio, Georgia and most recently Louisiana on May 30, 2019.<ref>{{cite news |title=Louisiana's Democratic governor signs abortion ban into law |url=https://www.nbcnews.com/news/us-news/louisiana-s-democratic-governor-signs-abortion-ban-law-n1012196 |access-date=August 27, 2019 |agency=Associated Press |work=NBC News |date=May 30, 2019 |archive-date=August 25, 2019 |archive-url=https://web.archive.org/web/20190825224213/https://www.nbcnews.com/news/us-news/louisiana-s-democratic-governor-signs-abortion-ban-law-n1012196 |url-status=live }}</ref>

In May 2019, the U.S. Supreme Court upheld an Indiana state law that requires fetuses which were aborted be buried or cremated.<ref>{{Cite web|url = https://www.npr.org/2019/05/28/727527860/supreme-court-upholds-indiana-provision-mandating-burial-or-cremation-of-fetal-r|title = Supreme Court Upholds Indiana Provision Mandating Fetal Burial or Cremation|website = [[NPR]]|date = May 28, 2019|last1 = Totenberg|first1 = Nina|last2 = Montanaro|first2 = Domenico|access-date = December 4, 2019|archive-date = December 3, 2019|archive-url = https://web.archive.org/web/20191203022423/https://www.npr.org/2019/05/28/727527860/supreme-court-upholds-indiana-provision-mandating-burial-or-cremation-of-fetal-r|url-status = live}}</ref> In a December 2019 case, the court declined to review a lower court decision which upheld a Kentucky law requiring doctors to perform ultrasounds and show fetal images to patients before abortions.<ref>{{Cite news | url=https://thehill.com/regulation/court-battles/473642-supreme-court-declines-to-hear-kentucky-ultrasound-law | title=Supreme Court declines to hear Kentucky ultrasound law | newspaper=The Hill | date=December 9, 2019 | last1=Kruzel | first1=John | access-date=December 25, 2019 | archive-date=December 25, 2019 | archive-url=https://web.archive.org/web/20191225001206/https://thehill.com/regulation/court-battles/473642-supreme-court-declines-to-hear-kentucky-ultrasound-law | url-status=live }}</ref>

On June 29, 2020, previous Supreme Court rulings banning abortion restrictions appeared to be upheld when the U.S. Supreme Court struck down the Louisiana anti-abortion law.<ref>{{Cite news|url=https://www.cnn.com/2020/06/29/politics/abortion-louisiana-law-blocked-supreme-court/index.html|title=John Roberts sides with liberals on Supreme Court to block controversial Louisiana abortion law|author=Ariane de Vogue, Devan Cole and Caroline Kelly|website=CNN|access-date=June 30, 2020|archive-date=June 30, 2020|archive-url=https://web.archive.org/web/20200630145938/https://www.cnn.com/2020/06/29/politics/abortion-louisiana-law-blocked-supreme-court/index.html|url-status=live}}</ref> Following the ruling, the legality of laws restricting abortion in states such as Ohio was then called into question.<ref>{{Cite web|url=https://www.cleveland.com/open/2020/06/supreme-courts-louisiana-abortion-case-could-have-implications-in-ohio-capitol-letter.html|title=Supreme Court's Louisiana abortion case could have implications in Ohio: Capitol Letter|date=June 30, 2020|website=cleveland|access-date=June 30, 2020|archive-date=July 1, 2020|archive-url=https://web.archive.org/web/20200701000943/https://www.cleveland.com/open/2020/06/supreme-courts-louisiana-abortion-case-could-have-implications-in-ohio-capitol-letter.html|url-status=live}}</ref> It was also noted that Supreme Court Chief Justice John Roberts, who agreed that the Louisiana anti-abortion law was unconstitutional, had previously voted to uphold a similar law in Texas which was struck down by the U.S. Supreme Court in 2016.<ref>{{Cite web|url=https://www.texastribune.org/2020/06/29/supreme-court-abortion-louisiana/|title=Supreme Court affirms abortion protections, strikes down Louisiana abortion law|first=Shannon|last=Najmabadi|date=June 29, 2020|website=The Texas Tribune|access-date=June 30, 2020|archive-date=July 1, 2020|archive-url=https://web.archive.org/web/20200701105600/https://www.texastribune.org/2020/06/29/supreme-court-abortion-louisiana/|url-status=live}}</ref>

In May 2021, Texas lawmakers passed the [[Texas Heartbeat Act]], banning abortions as soon as cardiac activity can be detected, typically as early as six weeks into pregnancy, and often before women know they are pregnant due to the length of the [[menstrual cycle]] (which usually lasts a median of four weeks and in some cases can be irregular).<ref>{{cite web |last=Waller |first=Allyson |date=2021-09-08 |title=Texas has banned abortions at about six weeks. But the time frame for pregnant patients to get one is less than two. |url=https://www.texastribune.org/2021/09/08/abortion-pregnancy-timeline-texas/ |access-date=May 4, 2022 |website=The Texas Tribune |archive-date=May 3, 2022 |archive-url=https://web.archive.org/web/20220503135614/https://www.texastribune.org/2021/09/08/abortion-pregnancy-timeline-texas/ |url-status=live }}</ref> In order to avoid traditional constitutional challenges based on ''Roe v. Wade'', the law provides that any person, with or without any vested interest, may sue anyone that performs or induces an abortion in violation of the statute, as well as anyone who "aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise."<ref>{{cite web|title=Texas Legislature Online – 85(R) Text for SB 8|url=https://capitol.texas.gov/billlookup/text.aspx?LegSess=85R&Bill=SB8|access-date=May 28, 2021|website=Capitol.texas.gov|archive-date=May 26, 2021|archive-url=https://web.archive.org/web/20210526040428/https://capitol.texas.gov/BillLookup/Text.aspx?LegSess=85R&Bill=SB8|url-status=live}}</ref> The law was challenged in courts, though had yet to have a full formal hearing as its September 1, 2021, enactment date came due. Plaintiffs sought an order from the U.S. Supreme Court to stop the law from coming into effect, but the Court issued a denial of the order late on September 1, 2021, allowing the law to remain in effect. While unsigned, Chief Justice [[John Roberts]] and Justice [[Stephen Breyer]] wrote dissenting opinions joined by Justices [[Elena Kagan]] and [[Sonia Sotomayor]] that they would have granted an injunction on the law until a proper judicial review.<ref>{{cite web|last=De Vogue| first=Ariane|date=September 1, 2021|title=Texas 6-week abortion ban takes effect after Supreme Court inaction|url=https://edition.cnn.com/2021/09/01/politics/texas-abortion-supreme-court-sb8-roe-wade/index.html| url-status=live|access-date=September 2, 2021|work=[[CNN]]|archive-url=https://web.archive.org/web/20210901050620/https://edition.cnn.com/2021/09/01/politics/texas-abortion-supreme-court-sb8-roe-wade/index.html |archive-date=September 1, 2021 }}</ref><ref>{{cite web | url = https://www.npr.org/2021/09/02/1033048958/supreme-court-upholds-new-texas-abortion-law-for-now | title = Supreme Court Upholds New Texas Abortion Law, For Now | first = Nina | last = Totenberg | date = September 2, 2021 | access-date = September 2, 2021 | work = [[NPR]] | archive-date = September 2, 2021 | archive-url = https://web.archive.org/web/20210902061646/https://www.npr.org/2021/09/02/1033048958/supreme-court-upholds-new-texas-abortion-law-for-now | url-status = live }}</ref>

On September 9, 2021, [[Merrick Garland]], the Attorney General and head of the [[United States Department of Justice]], sued Texas over the Texas Heartbeat Act on the basis that "the law is invalid under the [[Supremacy Clause]] and the [[Fourteenth Amendment to the United States Constitution]], is preempted by federal law, and violates the doctrine of [[Intergovernmental immunity (United States)|intergovernmental immunity]]".<ref>{{cite web|title=Docket for United States v. State of Texas, 1:21-cv-00796|url=https://www.courtlistener.com/docket/60373449/united-states-v-state-of-texas/|access-date=September 13, 2021|website=CourtListener.com|archive-date=October 9, 2021|archive-url=https://web.archive.org/web/20211009031558/https://www.courtlistener.com/docket/60373449/united-states-v-state-of-texas/|url-status=live}}</ref> Garland further noted that the United States government has "an obligation to ensure that no state can deprive individuals of their constitutional rights."<ref name="WP-20210909">{{cite news |last1=Barrett |first1=Devlin |last2=Marimow |first2=Ann E. |title=Justice Department sues Texas to block six-week abortion ban |url=https://www.washingtonpost.com/politics/courts_law/texas-abortion-justice-lawsuit/2021/09/09/5d3eae0a-117a-11ec-9cb6-bf9351a25799_story.html |date=September 9, 2021 |newspaper=[[The Washington Post]] |access-date=September 9, 2021 |archive-date=October 2, 2021 |archive-url=https://web.archive.org/web/20211002023325/https://www.washingtonpost.com/politics/courts_law/texas-abortion-justice-lawsuit/2021/09/09/5d3eae0a-117a-11ec-9cb6-bf9351a25799_story.html |url-status=live }}</ref> The Complaint avers that Texas enacted the law "in open defiance of the Constitution".<ref name="NPR-20210909">{{cite news |last1=Johnson |first1=Carrie |last2=Sprunt |first2=Barbara |title=Justice Department Sues Texas Over New Abortion Ban |url=https://www.npr.org/2021/09/09/1035467999/justice-department-sues-texas-over-new-abortion-ban |date=September 9, 2021 |work=[[NPR|NPR News]] |access-date=September 9, 2021 |archive-date=October 15, 2021 |archive-url=https://web.archive.org/web/20211015170943/https://www.npr.org/2021/09/09/1035467999/justice-department-sues-texas-over-new-abortion-ban |url-status=live }} (includes full text of lawsuit)</ref> The relief requested from the U.S. District Court in Austin, Texas includes a declaration that the Texas Act is unconstitutional, and an injunction against state actors as well as any and all private individuals who may bring a SB 8 action.<ref name="NPR-20210909" /><ref name="WP-20210909"/> The idea of asking a federal court to impose an injunction upon the entire civilian population of a state is unprecedented and has drawn eyebrows.<ref>{{Cite web|author=Tierney Sneed|title=The Justice Department's uphill battle against Texas' abortion ban|url=https://www.cnn.com/2021/09/10/politics/doj-texas-lawsuit-explainer/index.html|access-date=September 13, 2021|website=CNN|date=September 10, 2021|archive-date=October 8, 2021|archive-url=https://web.archive.org/web/20211008144128/https://www.cnn.com/2021/09/10/politics/doj-texas-lawsuit-explainer/index.html|url-status=live}}</ref><ref>{{Cite news|author=The Editorial Board|date=September 9, 2021|title=Merrick Garland's Texas Two-Step|work=The Wall Street Journal|url=https://www.wsj.com/articles/merrick-garland-texas-two-step-department-of-justice-abortion-law-lawsuit-11631224546|access-date=September 13, 2021|issn=0099-9660|archive-date=September 15, 2021|archive-url=https://web.archive.org/web/20210915221222/https://www.wsj.com/articles/merrick-garland-texas-two-step-department-of-justice-abortion-law-lawsuit-11631224546|url-status=live}}</ref>

On April 2022 Colorado passed into law its Reproductive Health Equity Act, which assures abortion rights for all citizens of the state. While the bill as passed maintained the ''status quo'' for abortion rights, it assures that "every individual has a fundamental right to make decisions about the individual's reproductive health care, including the fundamental right to use or refuse contraception; a pregnant individual has a fundamental right to continue a pregnancy and give birth or to have an abortion and to make decisions about how to exercise that right; and a fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of the state" regardless of changes that may happen at the federal level.<ref>{{cite web | url = https://www.cnn.com/2022/04/04/politics/colorado-abortion-rights-bill-governor-jared-polis-signs/index.html | title = Colorado governor signs bill to protect access to abortion | first = Shanwa | last = Mizelle | date = April 4, 2022 | access-date = April 4, 2022 | work = [[CNN]] | archive-date = April 5, 2022 | archive-url = https://web.archive.org/web/20220405012249/https://www.cnn.com/2022/04/04/politics/colorado-abortion-rights-bill-governor-jared-polis-signs/index.html | url-status = live }}</ref>

On May 25, 2022, [[Oklahoma]] imposed a ban on almost all abortions after [[Governor of Oklahoma|Oklahoma Governor]] [[Kevin Stitt]] signed House Bill 4327. The bill bans abortion beginning at conception, with exceptions only in cases of "rape, sexual assault, or incest that has been reported to law enforcement", or if "the abortion is necessary to save the life of a pregnant woman in a medical emergency".<ref>{{Cite web |title=Oklahoma HB4327 {{!}} 2022 {{!}} Regular Session |url=https://legiscan.com/OK/text/HB4327/id/2587278 |access-date=2025-10-03 |website=LegiScan |language=en}}</ref><ref name="msn.com">{{Cite web |title=Oklahoma governor signs nation's strictest abortion ban |url=https://www.msn.com/en-us/news/politics/oklahoma-governor-signs-nations-strictest-abortion-ban/ar-AAXJzOt |access-date=2022-05-27 |website=MSN |language=en-US |archive-date=May 27, 2022 |archive-url=https://web.archive.org/web/20220527002903/https://www.msn.com/en-us/news/politics/oklahoma-governor-signs-nations-strictest-abortion-ban/ar-AAXJzOt |url-status=live }}</ref><ref>{{Cite web |last=World |first=Barbara Hoberock Tulsa |title=Bill making abortion illegal starting at conception signed by Oklahoma governor |url=https://www.sfexaminer.com/news/national/bill-making-abortion-illegal-starting-at-conception-signed-by-oklahoma-governor/article_b7f2d6ac-a91d-5bc4-9504-56aa8e5dc969.html |url-status=dead |archive-url=https://web.archive.org/web/20220527033153/https://www.sfexaminer.com/news/national/bill-making-abortion-illegal-starting-at-conception-signed-by-oklahoma-governor/article_b7f2d6ac-a91d-5bc4-9504-56aa8e5dc969.html |archive-date=May 27, 2022 |access-date=2022-05-26 |website=San Francisco Examiner |language=en}}</ref> The law also permits private citizens to file lawsuits against (1) abortion providers (2) any individual who "aids and abets" an induced abortion, including paying for an abortion through insurance or otherwise, or (3) any individuals who ''intend'' to provide or to aid and abet an induced abortion. A lawsuit was immediately filed by the ACLU in opposition to the bill.<ref name="AP May 26, 20223">{{cite news |date=May 26, 2022 |title=Legal challenge filed to stop Oklahoma anti-abortion bill |work=[[ABC News (United States)|ABC News]] |agency=[[Associated Press]] |url=https://abcnews.go.com/US/wireStory/legal-challenge-filed-stop-oklahoma-anti-abortion-bill-84999794 |access-date=26 May 2022 |archive-date=May 26, 2022 |archive-url=https://web.archive.org/web/20220526214103/https://abcnews.go.com/US/wireStory/legal-challenge-filed-stop-oklahoma-anti-abortion-bill-84999794 |url-status=live }}</ref><ref>{{Cite web |last=Weber |first=Andy |date=2022-05-20 |title=Lawsuit planned over 'extreme,' 'very dangerous' latest abortion ban, ACLU Oklahoma says |url=https://www.koco.com/article/oklahoma-abortion-ban-lawsuit-aclu-capitol-stitt-conception/40063375 |access-date=2022-05-26 |website=KOCO |language=en |archive-date=May 27, 2022 |archive-url=https://web.archive.org/web/20220527004253/https://www.koco.com/article/oklahoma-abortion-ban-lawsuit-aclu-capitol-stitt-conception/40063375 |url-status=live }}</ref> At the time of enactment, Oklahoma was the only U.S. state to have passed a bill imposing such restrictions; the law made Oklahoma the first U.S. state to ban induced abortion procedures since prior to the ruling and implementation of ''Roe'' in 1973.<ref>{{Cite web |last=Forman |first=Carmen |title=Oklahoma governor signs nation's strictest abortion ban. It starts immediately |url=https://www.usatoday.com/story/news/nation/2022/05/26/oklahoma-implements-nations-most-restrictive-abortion-ban-kevin-stitt-roe/9939966002/ |access-date=2022-05-27 |website=USA Today |language=en-US |archive-date=May 27, 2022 |archive-url=https://web.archive.org/web/20220527002903/https://www.usatoday.com/story/news/nation/2022/05/26/oklahoma-implements-nations-most-restrictive-abortion-ban-kevin-stitt-roe/9939966002/ |url-status=live }}</ref><ref>{{Cite news |last=Yahoo! News |first=Yahoo! News |date=May 25, 2022 |title="Oklahoma governor signs into law strictest abortion ban in the U.S" |pages=Full Article |work=Yahoo! News |url=https://news.yahoo.com/oklahoma-governor-puts-strictest-abortion-002417956.html |access-date=May 25, 2022 |archive-date=May 26, 2022 |archive-url=https://web.archive.org/web/20220526003800/https://news.yahoo.com/oklahoma-governor-puts-strictest-abortion-002417956.html |url-status=live }}</ref><ref name="msn.com"/>

on June 24, 2022 after the Supreme Court overturned ''Roe'', Texas and Missouri immediately banned abortions with the exception only if the pregnancy was deemed to be particularly life-threatening.<ref>{{Cite web |last=Vagianos |first=Alanna |date=2022-06-24 |title=Abortion Is Now Illegal In These States |url=https://www.huffpost.com/entry/states-banning-abortion-now_n_62b5cbc9e4b06594c1e36d2a |access-date=2022-06-25 |website=HuffPost |language=en-US |archive-date=June 26, 2022 |archive-url=https://web.archive.org/web/20220626012159/https://www.huffpost.com/entry/states-banning-abortion-now_n_62b5cbc9e4b06594c1e36d2a |url-status=live }}</ref><ref>{{Cite web |last=Munce |first=Megan |date=2022-06-25 |title=What you need to know about abortion in Texas |url=https://www.texastribune.org/2022/06/24/texas-abortion-law-answers/ |access-date=2022-06-26 |website=The Texas Tribune |language=en |archive-date=June 26, 2022 |archive-url=https://web.archive.org/web/20220626035154/https://www.texastribune.org/2022/06/24/texas-abortion-law-answers/ |url-status=live }}</ref>

On January 28, 2023, the Minnesota state Senate passed a bill guaranteeing women's rights to abortion and other reproductive medicine which was signed into law on January 31. The bill prohibits state and local governments from attempting to restrict access to sterilization or prenatal care, while also requiring contraceptive cost compensation.<ref>{{cite web |last1=Druker |first1=Simon |title=Minn. Senate passes law guaranteeing right to abortion, reproductive care |url=https://www.upi.com/Top_News/US/2023/01/28/minnesota-passes-abortion-rights-guarantee-law/1471674929007/ |website=upi |access-date=February 14, 2023 |archive-date=January 28, 2023 |archive-url=https://web.archive.org/web/20230128191828/https://www.upi.com/Top_News/US/2023/01/28/minnesota-passes-abortion-rights-guarantee-law/1471674929007/ |url-status=live }}</ref><ref>{{cite web |last1=Kashiwagi |first1=Sydney |title=Minnesota governor signs bill codifying 'fundamental right' to abortion into law |url=https://www.cnn.com/2023/01/31/politics/minnesota-abortion-access/index.html |website=CNN |date=January 31, 2023 |access-date=February 24, 2023 |archive-url=https://web.archive.org/web/20230202032236/https://www.cnn.com/2023/01/31/politics/minnesota-abortion-access/index.html |archive-date=February 2, 2023 |url-status=live}}</ref>

In June 2024 abortion in Iowa was made illegal after 6 weeks of gestation, with exceptions for rape, incest, foetal abnormalities, and the mother's life.

In 2023, five women launched a class action lawsuit against the State of Texas after they were reportedly denied abortions at a clinic in the State despite grave risks to their life. Four of the women traveled out of state in order to obtain an abortion, while the fifth only received the abortion in Texas when she was hospitalized after the fetus suffered a premature rupture of membranes. The case argues that the Texas law, which allows abortion if there is a health risk to the mother, is too vague and doctors will not perform an abortion for fear of legal repercussions.<ref>{{cite news|last1=Stempel|first1=Jonathan|last2=Pierson|first2=Brendan|title=Five women who say they were denied abortions sue Texas|url=https://www.reuters.com/legal/five-women-who-say-they-were-denied-abortions-sue-texas-new-york-times-2023-03-07/|website=Reuters|access-date=March 7, 2023|archive-date=March 7, 2023|archive-url=https://web.archive.org/web/20230307154759/https://www.reuters.com/legal/five-women-who-say-they-were-denied-abortions-sue-texas-new-york-times-2023-03-07/|url-status=live}}</ref>

===In response to the coronavirus pandemic===
{{main|Impact of the COVID-19 pandemic on abortion in the United States}}
Amid the [[COVID-19 pandemic]], anti-abortion government officials in several American states enacted or attempted to enact restrictions on abortion, characterizing it as a non-essential procedure that can be suspended during the medical emergency.<ref name="Gold">{{cite news |first=Hannah |last=Gold |date=April 7, 2020 |url=https://www.thecut.com/2020/04/every-state-thats-tried-to-ban-abortion-over-coronavirus.html |title=Every State That's Tried to Ban Abortion Over the Coronavirus |website=The Cut |access-date=April 7, 2020 |archive-date=May 1, 2020 |archive-url=https://web.archive.org/web/20200501204009/https://www.thecut.com/2020/04/every-state-thats-tried-to-ban-abortion-over-coronavirus.html |url-status=live }}</ref> The orders have led to several legal challenges and criticism by human rights groups and several national medical organizations, including the [[American Medical Association]].<ref>{{cite news|url=https://www.npr.org/2020/04/02/826369859/in-texas-oklahoma-women-turned-away-because-of-coronavirus-abortion-bans|title=In Texas, Oklahoma, Women Turned Away Because Of Coronavirus Abortion Bans|website=NPR|access-date=April 8, 2020|archive-date=May 31, 2020|archive-url=https://web.archive.org/web/20200531020245/https://www.npr.org/2020/04/02/826369859/in-texas-oklahoma-women-turned-away-because-of-coronavirus-abortion-bans|url-status=live}}</ref> Legal challenges on behalf of abortion providers, many of which were represented by the [[American Civil Liberties Union]] and [[Planned Parenthood]], successfully stopped most of the orders on a temporary basis.<ref name="Gold"/>

One challenge was made against the FDA's rule on the distribution of [[mifepristone]] (RU-486), one of the two-part drug regimen to induce abortions. Since 2000, it is only available through health providers under the FDA's ruling. Due to the COVID-19 pandemic, access to mifepristone was a concern, and the [[American College of Obstetricians and Gynecologists]] along with other groups sued to have the rule relaxed to allow women to be able to access mifepristone at home through mail-order or retail pharmacies. While the [[United States Court of Appeals for the Fourth Circuit|Fourth Circuit]] issued a preliminary injunction against the FDA's ruling that would have allowed wider distribution, the Supreme Court ordered in a 6–3 decision in January 2021 to put a stay on the injunction, maintaining the FDA's rule.<ref>{{cite web | url = https://www.vox.com/22227912/supreme-court-anti-abortion-amy-coney-barrett-era-fda-american-college-sonia-sotomayor-john-roberts | title = The Supreme Court hands down its first anti-abortion decision of the Amy Coney Barrett era | first = Ian | last = Millhauser | date = January 13, 2021 | access-date = January 13, 2021 | work = [[Vox (website)|Vox]] | archive-date = January 13, 2021 | archive-url = https://web.archive.org/web/20210113003935/https://www.vox.com/22227912/supreme-court-anti-abortion-amy-coney-barrett-era-fda-american-college-sonia-sotomayor-john-roberts | url-status = live }}</ref>

===Sanctuary cities===
Since 2019, the [[anti-abortion movement in the United States]] has sought declarations of "sanctuary cit[ies] for the unborn".<ref>{{cite news|last=Glenza|first=Jessica|url=http://www.theguardian.com/world/2021/apr/27/us-tiny-towns-anti-abortion-ordinances|title=The tiny American towns passing anti-abortion rules|date=April 27, 2021|newspaper=The Guardian|access-date=May 11, 2022}}</ref> In June 2019, the city council of [[Waskom, Texas]], voted to outlaw abortion in the city, declaring Waskom a "sanctuary city for the unborn" (the first such city to designate itself as such), as state governments elsewhere in the United States were also drafting abortion bans.<ref>{{cite news|url=https://www.bbc.com/news/world-us-canada-48628224|title=Texas town bans abortion in all-male council vote|date=June 13, 2019|work=BBC News|access-date=January 23, 2020|archive-date=July 24, 2019|archive-url=https://web.archive.org/web/20190724145149/https://www.bbc.com/news/world-us-canada-48628224|url-status=live}}</ref><ref>{{cite news|url=https://www.usatoday.com/story/news/nation/2019/06/13/waskom-texas-declared-sanctuary-city-unborn-bans-abortion/1443699001/|title='Sanctuary city for the unborn': All-male city council in Texas town bans most abortions|last=Miller|first=Ryan W.|date=June 14, 2019|newspaper=USA Today|access-date=January 23, 2020|archive-date=December 6, 2019|archive-url=https://web.archive.org/web/20191206084005/https://www.usatoday.com/story/news/nation/2019/06/13/waskom-texas-declared-sanctuary-city-unborn-bans-abortion/1443699001/|url-status=live}}</ref> {{As of|2019|July}}, there is no abortion clinic in the city.<ref>{{cite news|url=https://www.washingtonpost.com/nation/2019/06/13/waksom-texas-outlaws-abortion-five-men/|title=Five men outlaw abortion in a Texas town, declaring a 'sanctuary city for the unborn'|last=Stanley-Becker|first=Isaac|date=June 13, 2019|newspaper=[[The Washington Post]]|access-date=May 11, 2022|archive-date=February 21, 2022|archive-url=https://web.archive.org/web/20220221013819/https://www.washingtonpost.com/nation/2019/06/13/waksom-texas-outlaws-abortion-five-men/|url-status=live}}</ref><ref>{{cite web|url=https://www.ksla.com/2019/07/06/abortion-is-freedom-billboards-cause-controversy-waskom-city-declared-act-illegal/|title='Abortion is Freedom' billboards cause controversy in Waskom, city declared the act illegal|last=Hargett|first=Kenley|date=July 6, 2019|website=Ksla.com|access-date=January 23, 2020|archive-date=December 2, 2019|archive-url=https://web.archive.org/web/20191202075657/https://www.ksla.com/2019/07/06/abortion-is-freedom-billboards-cause-controversy-waskom-city-declared-act-illegal/|url-status=live}}</ref> The Waskom ordinance has led other small cities in Texas, and as of April 2021 in Nebraska, to vote in favor of becoming "sanctuary cities for the unborn".<ref>{{cite news|url=https://www.texastribune.org/2019/10/01/antiabortion-law-spreads-east-texas/|title=Anti-abortion law spreads in East Texas as 'sanctuary city for the unborn' movement expands|last=Wax-Thibodeaux|first=Emily|date=October 1, 2019|newspaper=[[The Texas Tribune]]|access-date=January 23, 2020|archive-date=February 14, 2020|archive-url=https://web.archive.org/web/20200214092830/https://www.texastribune.org/2019/10/01/antiabortion-law-spreads-east-texas/|url-status=live}}</ref><ref>{{cite web|url=https://www.foxnews.com/us/texas-abortion-city-sanctuary|title=Banning abortion, more Texas towns become 'sanctuary cities for the unborn'|last=Parke|first=Caleb|date=January 16, 2020|website=Fox News|access-date=January 23, 2020|archive-date=January 22, 2020|archive-url=https://web.archive.org/web/20200122022920/https://www.foxnews.com/us/texas-abortion-city-sanctuary|url-status=live}}</ref><ref>{{cite web|url=https://www.click2houston.com/news/texas/2020/01/15/three-texas-towns-vote-in-favor-of-sanctuary-cities-for-the-unborn-hoping-to-ban-abortion/|title=Three Texas towns vote in favor of 'sanctuary cities for the unborn,' hoping to ban abortion|last=Walters|first=Edgar|date=January 15, 2020|website=Click2Houston.com|access-date=January 23, 2020|archive-date=January 16, 2020|archive-url=https://web.archive.org/web/20200116040341/https://www.click2houston.com/news/texas/2020/01/15/three-texas-towns-vote-in-favor-of-sanctuary-cities-for-the-unborn-hoping-to-ban-abortion/|url-status=live}}</ref>

On April 6, 2021, [[Hayes Center, Nebraska]], became the first city in Nebraska to outlaw abortion by local ordinance, declaring itself a "sanctuary city for the unborn."<ref>{{cite web|url=https://www.1011now.com/2021/04/08/hayes-center-is-first-nebraska-town-to-make-abortion-illegal-and-punishable-by-law|title=Hayes Center is first Nebraska town to make abortion illegal and punishable by law|last=Standiford|first=Melanie|date=April 7, 2021|website=1011now.com|access-date=April 15, 2021|archive-date=April 18, 2021|archive-url=https://web.archive.org/web/20210418171938/https://www.1011now.com/2021/04/08/hayes-center-is-first-nebraska-town-to-make-abortion-illegal-and-punishable-by-law/|url-status=dead}}</ref> The city of [[Blue Hill, Nebraska]], followed suit and enacted a similar ordinance outlawing abortion on April 13, 2021.<ref>{{cite web|url=https://www.1011now.com/2021/04/15/blue-hill-is-second-nebraska-town-to-outlaw-abortion-in-city-limits|title=Blue Hill is second Nebraska town to outlaw abortion in city limits|date=April 15, 2021|website=1011now.com|access-date=April 15, 2021|archive-date=April 17, 2021|archive-url=https://web.archive.org/web/20210417033328/https://www.1011now.com/2021/04/15/blue-hill-is-second-nebraska-town-to-outlaw-abortion-in-city-limits/|url-status=live}}</ref><ref>{{cite web|url=https://nebraska.tv/newsletter-daily/two-nebraska-towns-outlaw-abortion|title=Two Nebraska towns outlaw abortion|last=Shatara|first=Jay|date=April 16, 2021|website=Nebraska.tv|access-date=April 16, 2021|archive-date=April 17, 2021|archive-url=https://web.archive.org/web/20210417053512/https://nebraska.tv/newsletter-daily/two-nebraska-towns-outlaw-abortion|url-status=live}}</ref> In May 2021, [[Lubbock, Texas]], with a population of less than 270,000, voted to ban abortion with the "sanctuary city for the unborn ordinance", becoming the largest city in the U.S. to ban abortion.<ref>{{cite web|date=May 1, 2021|url=https://theeagle.com/news/state-and-regional/lubbock-votes-to-become-the-state-s-largest-sanctuary-city-for-the-unborn/article_d40c6a47-af9a-5d0b-b5af-948628c81161.html|title=Lubbock votes to become the state's largest 'sanctuary city for the unborn'|first=Shannon|last=Najmabadi|website=The Eagle|access-date=May 11, 2022|archive-date=May 9, 2021|archive-url=https://web.archive.org/web/20210509015822/https://theeagle.com/news/state-and-regional/lubbock-votes-to-become-the-state-s-largest-sanctuary-city-for-the-unborn/article_d40c6a47-af9a-5d0b-b5af-948628c81161.html|url-status=live}}</ref><ref>{{cite web|url=https://www.everythinglubbock.com/news/local-news/lubbock-votes-to-become-largest-city-in-u-s-to-ban-abortion/|title=Lubbock votes to become largest city in U.S. to ban abortion|publisher=KAMC|date=May 2, 2021|access-date=May 11, 2022|archive-date=May 13, 2021|archive-url=https://web.archive.org/web/20210513112402/https://www.everythinglubbock.com/news/local-news/lubbock-votes-to-become-largest-city-in-u-s-to-ban-abortion/|url-status=live}}</ref><ref>{{cite web|url=https://www.dallasnews.com/news/politics/2021/05/01/lubbocks-sanctuary-city-for-the-unborn-ordinance-appears-headed-for-passage/|title=Lubbock's Sanctuary City for the Unborn ordinance wins passage by wide margin|date=May 2, 2021|newspaper=The Dallas Morning News|access-date=May 11, 2022|archive-date=May 15, 2021|archive-url=https://web.archive.org/web/20210515054921/https://www.dallasnews.com/news/politics/2021/05/01/lubbocks-sanctuary-city-for-the-unborn-ordinance-appears-headed-for-passage/|url-status=live}}</ref>

Abortion rights movements have also pushed for similar counterpart legislation in other cities.<ref>{{Cite web |title=Abortion Sanctuary Cities: A Local Response to The Criminalization of Self-Managed Abortion |url=https://www.californialawreview.org/print/abortion-sanctuary-cities/ |access-date=2022-09-06 |website=California Law Review |language=en-US |archive-date=September 8, 2022 |archive-url=https://web.archive.org/web/20220908003617/https://www.californialawreview.org/print/abortion-sanctuary-cities/ |url-status=dead }}</ref>

==Abortion financing==
[[File:State abortion funding.svg|alt=See link in caption for a text equivalent|thumb|upright=1.5|State Medicaid coverage of medically necessary abortion services ([[#Medicaid|text-based list]]):
{{legend|#000099|Medicaid covers medically necessary abortion for low-income women through legislation.}}
{{legend|#0066ff|Medicaid covers medically necessary abortions for low-income women under court order.}}
{{legend|#40D0FF|Medicaid denies abortion coverage for low-income women except for cases of rape, incest, life or health endangerment, or severe fetal abnormality.}}
{{legend|#FFEE00|Medicaid denies abortion coverage for low-income women except for cases of rape, incest, life endangerment, or severe fetal abnormality.}}
{{legend|#995500|Medicaid denies abortion coverage for low-income women except for cases of rape, incest, or life or health endangerment.}}
{{legend|#FF8000|Medicaid denies abortion coverage for low-income women except for cases of rape, incest, or life endangerment.}}
{{legend|#FF0000|Medicaid denies abortion coverage for low-income women except for cases of life endangerment.}}]]
The abortion debate has also been extended to the question of who pays the medical costs of the procedure, with some states using the mechanism as a way of reducing the number of abortions.<ref>{{Cite web |last1=Ranji |first1=Usha |last2=Diep |first2=Karen |last3=Published |first3=Alina Salganicoff |date=2024-06-21 |title=Key Facts on Abortion in the United States |url=https://www.kff.org/womens-health-policy/issue-brief/key-facts-on-abortion-in-the-united-states/#How-much-do-abortions-cost |access-date=2024-10-10 |website=KFF |language=en-US}}</ref>

The cost of an abortion varies depending on factors such as location, facility, timing, type of procedure, and whether or not there is insurance or some other type of financial assistance. In 2022, a medication abortion cost was about $580 at [[Planned Parenthood]], though it could be more, up to around $800, in other facilities. During the first trimester an in-clinic abortion cost up to around $800, though often less; the average cost at Planned Parenthood was about $600. A second trimester procedure varied depending on the stage of pregnancy. The average ranged from about $715 earlier in the second trimester to $1,500–2,000 later in the second trimester.<ref>{{cite web |title=How much does an abortion cost? |url=https://www.plannedparenthood.org/blog/how-much-does-an-abortion-cost |website=Planned Parenthood |access-date=April 11, 2023 |archive-date=April 10, 2023 |archive-url=https://web.archive.org/web/20230410201417/https://www.plannedparenthood.org/blog/how-much-does-an-abortion-cost |url-status=live }}</ref> A variety of resources from support organizations are available to contribute to the costs of the procedure, as well as travel expenses.<ref name="Rankin May 23, 2022">{{cite news |last1=Rankin |first1=Lauren |title=How to Get Help for Your Abortion Inside abortion mutual aid network. |url=https://www.thecut.com/article/find-abortion-practical-support-funds-travel-childcare.html |access-date=24 May 2022 |work=[[New York (magazine)|New York]] |date=May 23, 2022 |archive-date=May 24, 2022 |archive-url=https://web.archive.org/web/20220524043755/https://www.thecut.com/article/find-abortion-practical-support-funds-travel-childcare.html |url-status=live }}</ref>

===Abortion fund organizations===
A variety of organizations offer financial support for people seeking abortions, including travel and other expenses.<ref name="Rankin May 23, 2022"/> Access Reproductive Care–Southeast (ARC Southeast), the Brigid Alliance, the Midwest Access Coalition (MAC), and the National Network of Abortion Funds are examples of such groups.<ref name="Rankin May 23, 2022"/>

===Medicaid===
The [[Hyde Amendment]] is a federal legislative provision barring the use of federal Medicaid funds to pay for abortions except for rape and incest.<ref>{{cite web | title = The Hyde Amendment | publisher = National Committee for a Human Life Amendment | date = April 2008 | url = http://www.nchla.org/datasource/ifactsheets/4FSHydeAm22a.08.pdf | access-date = January 23, 2009 | archive-url = https://web.archive.org/web/20091116133030/http://www.nchla.org/datasource/ifactsheets/4FSHydeAm22a.08.pdf | archive-date = November 16, 2009 }} text and history</ref> The provision, in various forms, was in response to ''Roe v. Wade'', and has been routinely attached to annual appropriations bills since 1976, and represented the first major legislative success by the [[pro-life movement]]. The law requires that states cover abortions under Medicaid in the event of rape, incest, and life endangerment.<ref>{{cite web |author=Francis Roberta W. |title=Frequently Asked Questions |url=http://www.equalrightsamendment.org/faq.htm |archive-url=https://web.archive.org/web/20090417234051/http://www.equalrightsamendment.org/faq.htm |archive-date=April 17, 2009 |access-date=September 13, 2009 |work=Equal Rights Amendment |publisher=Alice Paul Institute}}</ref>

===Private insurance===
* Six states require coverage in all private plans: California, Illinois, Maine, New York, Oregon, and Washington. (2021)<ref>{{cite web |title=Are abortions covered by health insurance? |url=https://www.insurance.com/health-insurance/are-abortions-covered-by-health-insurance#:~:text=1%20Abortion%20regulations%20vary%20by%20state%20and%20health,as%20life%20endangerment%2C%20rape%2C%20incest%20and%20fetal%20abnormality. |website=Insurance.com |access-date=April 11, 2023 |archive-date=April 11, 2023 |archive-url=https://web.archive.org/web/20230411214636/https://www.insurance.com/health-insurance/are-abortions-covered-by-health-insurance#:~:text=1%20Abortion%20regulations%20vary%20by%20state%20and%20health,as%20life%20endangerment%2C%20rape%2C%20incest%20and%20fetal%20abnormality. |url-status=live }}</ref>
* Note: The following figures are from 2008 and may have changed since that time.
* 5 states (ID, KY, MO, ND, OK) restrict insurance coverage of abortion services in private plans: OK limits coverage to life endangerment, rape or incest circumstances; and the other four states limit coverage to cases of life endangerment.
* 11 states (CO, KY, MA, MS, NE, ND, OH, PA, RI, SC, VA) restrict abortion coverage in insurance plans for public employees, with CO and KY restricting insurance coverage of abortion under any circumstances.
* U.S. laws also ban federal funding of abortions for federal employees and their dependents, Native Americans covered by the Indian Health Service, military personnel and their dependents, and women with disabilities covered by Medicare.<ref>{{cite web |url=http://www.kff.org/womenshealth/upload/3269-02.pdf |title=Women's Health Policy Facts |year=2008 |access-date=January 2, 2009 |publisher=The Henry J. Kaiser Family Foundation |archive-url=https://web.archive.org/web/20090225020023/http://www.kff.org/womenshealth/upload/3269-02.pdf |archive-date=February 25, 2009 }}</ref>

===Mexico City policy===
{{main|Mexico City policy}}
Under this policy, U.S. federal funding to NGOs that provide abortion is not permitted. The policy was first announced by President [[Ronald Reagan]] in 1984. It has been rescinded by Democratic presidents and reinstated by Republican presidents. The policy was rescinded in 2021 by President [[Joe Biden]].<ref>{{Cite web |date=January 28, 2021 |title=The Mexico City Policy: An Explainer |url=https://www.kff.org/global-health-policy/fact-sheet/mexico-city-policy-explainer/ |access-date=June 27, 2022 |publisher=[[Kaiser Family Foundation]] |archive-date=June 27, 2022 |archive-url=https://web.archive.org/web/20220627002826/https://www.kff.org/global-health-policy/fact-sheet/mexico-city-policy-explainer/ |url-status=live }}</ref>

==Qualifying requirements for abortion providers==
Qualifying requirements for performing abortions vary from state to state.<ref>[http://www.ansirh.org/research/pci/access.php Advancing access to abortion care] {{Webarchive|url=https://web.archive.org/web/20140907100510/http://www.ansirh.org/research/pci/access.php |date=September 7, 2014 }}. ANSIRH (January 24, 2013). Retrieved on April 12, 2015.</ref> Vermont has allowed [[physician assistants]] to do some first-trimester abortions since the mid-1970s.<ref>{{cite journal | pmid=8118134 | year=1993 | last1=Kowalczyk | first1=E. A. | title=Access to abortion services: Abortions performed by mid-level practitioners | journal=Trends in Health Care, Law & Ethics | volume=8 | issue=3 | pages=37–45 }}</ref> More recently, several states have changed their requirements for abortion providers, anticipating that the Supreme Court would overturn ''[[Roe v. Wade]]''; now that the court has done so, more states are expanding eligibility to provide abortions. {{As of|July 2022}}, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Montana, New Jersey, New York, Rhode Island, Virginia and Washington allow [[mid-level practitioners]] such as [[nurse practitioners]], [[nurse midwives]], and physicians assistants, to do some first-trimester abortions.<ref>{{cite web | url=https://apnews.com/article/abortion-health-delaware-planned-parenthood-government-and-politics-ab30f2f9f9fbc635c9d554606463a307 | title=Maryland law expanding who can perform abortion takes effect | website=[[Associated Press]] | date=July 2022 | access-date=July 3, 2022 | archive-date=July 3, 2022 | archive-url=https://web.archive.org/web/20220703235624/https://apnews.com/article/abortion-health-delaware-planned-parenthood-government-and-politics-ab30f2f9f9fbc635c9d554606463a307 | url-status=live }}</ref> In other states, non-physicians are not permitted to perform abortions.

==Statistics==
{{main|Abortion statistics in the United States}}
Because reporting of abortions is not mandatory, statistics are of varying reliability. Both the [[Centers For Disease Control]] (CDC)<ref>{{cite web |url=https://www.cdc.gov/reproductivehealth/Data_Stats/Abortion.htm |title=CDCs Abortion Surveillance System FAQs |publisher=Center for Disease Control and Prevention |date=November 21, 2012 |access-date=August 8, 2013 |archive-date=July 10, 2022 |archive-url=https://web.archive.org/web/20220710192139/https://www.cdc.gov/reproductivehealth/data_stats/abortion.htm |url-status=live }}</ref> and the [[Guttmacher Institute]]<ref name="abortion 2008">{{cite journal |last1=Jones |first1=Rachel K. |last2=Kooistra |first2=Kathryn |date=March 2011 |title=Abortion Incidence and Access to Services in the United States, 2008 |url=https://www.guttmacher.org/sites/default/files/pdfs/pubs/psrh/full/4304111.pdf |journal=Perspectives on Sexual and Reproductive Health |volume=43 |issue=1 |pages=41–50 |access-date=December 8, 2017 |doi=10.1363/4304111 |pmid=21388504 |s2cid=2045184 |archive-date=July 12, 2022 |archive-url=https://web.archive.org/web/20220712110225/https://www.guttmacher.org/sites/default/files/pdfs/pubs/psrh/full/4304111.pdf |url-status=live }}</ref><ref name="abortion 2017">{{cite report|last1=Jones|first1=Rachel K.|last2=Witwer|first2=Elizabeth|last3=Jerman|first3=Jenna|date=September 2019|title=Abortion Incidence and Service Availability in the United States, 2017|url=https://www.guttmacher.org/report/abortion-incidence-service-availability-us-2017|access-date=December 12, 2020|doi=10.1363/2019.30760|s2cid=203813573|doi-access=free|pmc=5487028|archive-date=July 12, 2022|archive-url=https://web.archive.org/web/20220712085523/https://www.guttmacher.org/report/abortion-incidence-service-availability-us-2017|url-status=live}}</ref> regularly compile these statistics. However, in 2024 the Guttmacher Institute raised alarm that the Trump administration has severely gutted CDC efforts to collect these data.<ref name=":5" />

===Number of abortions===
[[File:Number of Abortions in US (2005).gif|150px|right|upright=3|caption='''Chart source''': CDC, 2005.<ref>{{cite journal|last1=Jones|first1=Laurie|title=Abortion Surveillance – United States, 2000|journal=Morbidity and Mortality Weekly Report. Surveillance Summaries|location=Washington, D.C.|volume=52|issue=12|pages=1–32|url=https://www.cdc.gov/mmwr/preview/mmwrhtml/ss5212a1.htm|publisher=Center for Disease Control|access-date=October 2, 2013|pmid=14647014|year=2003|archive-date=May 22, 2019|archive-url=https://web.archive.org/web/20190522201414/https://www.cdc.gov/mmwr/preview/mmwrhtml/ss5212a1.htm|url-status=live}}</ref>]]
The annual number of legal induced abortions in the U.S. doubled between 1973 and 1979, and peaked in 1990. There was a slow but steady decline throughout the 1990s. Overall, the number of annual abortions decreased by 6% between 2000 and 2009, with temporary spikes in 2002 and 2006.<ref>{{cite journal|last=Elam-Evans|first=Laurie D.|title=Abortion Surveillance – United States, 2000|journal=Morbidity and Mortality Weekly Report. Surveillance Summaries|location=Washington, D.C.|volume=52|issue=12|pages=1–32|url=https://www.cdc.gov/mmwr/preview/mmwrhtml/ss5212a1.htm|publisher=Center for Disease Control|access-date=October 2, 2013|pmid=14647014|year=2003|archive-date=May 22, 2019|archive-url=https://web.archive.org/web/20190522201414/https://www.cdc.gov/mmwr/preview/mmwrhtml/ss5212a1.htm|url-status=live}}</ref>

By 2011, abortion rate in the nation dropped to its lowest point since the Supreme Court legalized the procedure. According to a study performed by Guttmacher Institute, long-acting contraceptive methods had a significant impact in reducing unwanted pregnancies. There were fewer than 17 abortions for every 1,000 women of child-bearing age. That was a 13%-decrease from 2008's numbers and slightly higher than the rate in 1973, when the Supreme Court's ''Roe v. Wade'' decision legalized abortion.<ref name=Somashekhar>{{cite news|last=Somashekhar|first=Sandhya|title=Study: Abortion rate at lowest point since 1973|url=https://www.washingtonpost.com/national/health-science/study-abortion-rate-at-lowest-point-since-1973/2014/02/02/8dea007c-8a9b-11e3-833c-33098f9e5267_story.html|access-date=February 3, 2014|newspaper=The Washington Post|date=February 2, 2014|archive-date=February 3, 2014|archive-url=https://web.archive.org/web/20140203115200/http://www.washingtonpost.com/national/health-science/study-abortion-rate-at-lowest-point-since-1973/2014/02/02/8dea007c-8a9b-11e3-833c-33098f9e5267_story.html|url-status=live}}</ref> The study indicated a long-term decline in the abortion rate.<ref name=Moon>{{cite news|last=Moon|first=Angela|title=U.S. abortion rate hits lowest level since 1973: study|url=https://www.reuters.com/article/us-abortionrate-decline-idUSBREA110NV20140202|access-date=February 3, 2014|newspaper=Reuters|date=February 2, 2014|archive-date=January 5, 2016|archive-url=https://web.archive.org/web/20160105115533/http://www.reuters.com/article/us-abortionrate-decline-idUSBREA110NV20140202|url-status=live}}</ref><ref name=Bassett>{{cite web|last=Bassett|first=Laura|title=U.S. Abortion Rate Hits Lowest Point Since 1973|url=http://www.huffingtonpost.com/2014/02/02/abortion-rate-_n_4704986.html|access-date=February 3, 2014|website=The Huffington Post|date=February 2, 2014|archive-date=February 3, 2014|archive-url=https://web.archive.org/web/20140203074525/http://www.huffingtonpost.com/2014/02/02/abortion-rate-_n_4704986.html|url-status=live}}</ref><ref name=Jayson>{{cite news|last=Jayson|first=Sharon|title=Abortion rate at lowest level since 1973|url=https://www.usatoday.com/story/news/nation/2014/02/02/abortion-recession-medication/5087945/|access-date=February 3, 2014|newspaper=USA Today|date=February 2, 2014|archive-date=February 3, 2014|archive-url=https://web.archive.org/web/20140203105013/http://www.usatoday.com/story/news/nation/2014/02/02/abortion-recession-medication/5087945/|url-status=live}}</ref>

In 2016, the [[Centers for Disease Control and Prevention]] (CDC) reported 623,471 abortions, a 2% decrease from 636,902 in 2015.<ref name=":0">{{Cite journal|last1=Jatlaoui|first1=TC|last2=Eckhaus|first2=L|last3=Mandel|first3=MG|last4=Nguyen|first4=A|last5=Oduyebo|first5=T|last6=Petersen|first6=Emily|last7=Whiteman|first7=MK|date=November 29, 2019|title=Abortion Surveillance – United States, 2016|journal=MMWR. Surveillance Summaries|volume=68|issue=11|pages=1–41|doi=10.15585/mmwr.ss6811a1|pmid=31774741|issn=1546-0738|doi-access=free|pmc=6289084}}</ref>

[[File:U.S. abortion rates, 1973-2017, Guttmacher Institute.png|150px|right|caption=Graph of U.S. abortion rates, 1973–2017, showing data collected by the Guttmacher Institute.<ref name="abortion 2008"/><ref name="abortion 2017"/>]]

During the first six months of 2023 (following ''[[Dobbs v. Jackson Women's Health Organization|Dobbs]]'' in 2022), the numbers of abortions in certain U.S. states changed dramatically compared to the same time period in 2020, according to the Guttmacher Institute. Abortions tripled in New Mexico and Wyoming and more than doubled in South Carolina and Kansas. For 13 states that had banned abortion, the Guttmacher Institute had no 2023 data to make the comparison.<ref>{{Cite web |date=2023-09-07 |title=Map: How the number of abortions has changed, state by state |url=https://www.nbcnews.com/health/womens-health/abortion-trends-by-state-map-2023-rcna103430 |access-date=2023-09-07 |website=NBC News |language=en |archive-date=September 7, 2023 |archive-url=https://web.archive.org/web/20230907175339/https://www.nbcnews.com/health/womens-health/abortion-trends-by-state-map-2023-rcna103430 |url-status=live }}</ref>

===Medical abortions===
A [[Guttmacher Institute]] survey of abortion providers estimated that early [[medical abortion]]s accounted for 17% of all non-hospital abortions and slightly over one-quarter of abortions before 9 weeks gestation in the United States in 2008.<ref>{{cite journal|last1=Jones|first1=Rachel K.|last2=Kooistra|first2=Kathryn|date=March 2011|title=Abortion incidence and access to services in the United States, 2008|journal=Perspectives on Sexual and Reproductive Health|volume=43|issue=1|pages=41–50|doi=10.1363/4304111|pmid=21388504|s2cid=2045184|url=http://www.guttmacher.org/pubs/journals/4304111.pdf|access-date=May 14, 2013|archive-date=September 27, 2011|archive-url=https://web.archive.org/web/20110927030139/http://www.guttmacher.org/pubs/journals/4304111.pdf|url-status=live}} 94% of non-hospital medical abortions used [[mifepristone]] and [[misoprostol]]—6% used [[methotrexate]] and [[misoprostol]]—in the United States in 2008.</ref> Medical abortions voluntarily reported to the [[Centers for Disease Control and Prevention|CDC]] by 34 reporting areas (excluding Alabama, California, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, Maryland, Massachusetts, Nebraska, Nevada, New Hampshire, Pennsylvania, Tennessee, Vermont, Wisconsin, and Wyoming) and published in its annual [[Abortion statistics in the United States|abortion surveillance reports]] have increased every year since the September 28, 2000 [[Food and Drug Administration|FDA]] approval of [[mifepristone]] (RU-486): 1.0% in 2000, 2.9% in 2001, 5.2% in 2002, 7.9% in 2003, 9.3% in 2004, 9.9% in 2005, 10.6% in 2006, 13.1% in 2007, 15.8% in 2008, 17.1% in 2009 (25.2% of those at less than 9 weeks gestation).<ref>{{cite journal|last1=Pazol|first1=Karen|last2=Creanga|first2=Andreea A.|last3=Zane|first3=Suzanne B.|last4=Burley|first4=Kim D.|last5=Jamieson|first5=Denise J|last6=Division of Reproductive Health|date=November 23, 2012|title=Abortion surveillance – United States, 2009|journal=MMWR Surveillance Summaries|volume=61|issue=8|pages=1–44|pmid=23169413|url=https://www.cdc.gov/mmwr/pdf/ss/ss6108.pdf|access-date=September 8, 2017|archive-date=October 20, 2017|archive-url=https://web.archive.org/web/20171020032641/https://www.cdc.gov/mmwr/pdf/ss/ss6108.pdf|url-status=live}}</ref> Medical abortions accounted for 32% of first-trimester abortions at [[Planned Parenthood]] clinics in 2008.<ref>{{cite journal |last1=Fjerstad|first1= Mary|last2=Trussell|first2=James|last3=Sivin|first3=Irving|last4=Lichtenberg|first4=E. Steve|last5=Cullins|first5=Vanessa|date=July 9, 2009 |title=Rates of serious infection after changes in regimens for medical abortion |journal=New England Journal of Medicine|volume=361|issue=2|pages=145–151|doi=10.1056/NEJMoa0809146|pmid=19587339|pmc=3568698}}</ref> By 2020, medication abortions accounted for more than 50% of all abortions.<ref name="Guttmacher_2022-02">{{cite web | url=https://www.guttmacher.org/article/2022/02/medication-abortion-now-accounts-more-half-all-us-abortions | title=Medication Abortion Now Accounts for More Than Half of All US Abortions | last=Jones | first=Rachel K. | work=[[Guttmacher Institute]] | date=2022-02-24 | access-date=June 28, 2022 | archive-date=May 10, 2022 | archive-url=https://web.archive.org/web/20220510232112/https://www.guttmacher.org/article/2022/02/medication-abortion-now-accounts-more-half-all-us-abortions | url-status=live }}</ref> In 2023, medication abortions obtained within the formal health care system had risen to 63% of all abortions, with the total percentage (which would include self-managed abortions by individuals in states with total bans) likely higher.<ref name=Guttmacher_2024-03-19 >{{cite web | url=https://www.guttmacher.org/2024/03/medication-abortion-accounted-63-all-us-abortions-2023-increase-53-2020 | title=Medication Abortion Accounted for 63% of All US Abortions in 2023—An Increase from 53% in 2020 | last1=Jones | first1=Rachel K. | last2=Friedrich-Karnik | first2=Amy | work=[[Guttmacher Institute]] | date=2024-03-19 | access-date=March 19, 2024 | archive-date=March 19, 2024 | archive-url=https://web.archive.org/web/20240319051529/https://www.guttmacher.org/2024/03/medication-abortion-accounted-63-all-us-abortions-2023-increase-53-2020 | url-status=live }}</ref>

===Abortion and religion===
A majority of abortions are obtained by religiously identified women. According to the Guttmacher Institute, "more than 7 in 10 U.S. women obtaining an abortion report a religious affiliation (37% Protestant, 28% Catholic, and 7% other), and 25% attend religious services at least once a month. The abortion rate for Protestant women is 15 per 1,000 women, while Catholic women have a slightly higher rate, 20 per 1,000."<ref>{{cite journal|last1=Jones|first1=Rachel K|title=Changes in Abortion Rates Between 2000 and 2008 and Lifetime Incidence of Abortion|journal=Obstetrics & Gynecology|date=June 2011|volume=117|issue=6|pages=1358–1366|doi=10.1097/AOG.0b013e31821c405e|pmid=21606746|s2cid=21593113}}</ref>

===Abortion and ethnicity===
Abortion rates tend to be higher among minority women in the United States. In 2000–2001, the rates among black and Hispanic women were 49 per 1,000 and 33 per 1,000, respectively, vs. 13 per 1,000 among non-Hispanic white women. This figure includes all women of reproductive age, including women that are not pregnant. In other words, these abortion rates reflect the rate at which U.S. women of reproductive age have an abortion each year.<ref>{{cite web|url=http://www.guttmacher.org/in-the-know/characteristics.html |title=Get "In the Know": Questions About Pregnancy, Contraception and Abortion |access-date=April 26, 2007 |archive-url=https://web.archive.org/web/20080311171704/http://www.guttmacher.org/in-the-know/characteristics.html |archive-date=March 11, 2008 |url-status=live}}</ref>

In 2004, the rates of abortion by ethnicity in the U.S. were 50 abortions per 1,000 black women, 28 abortions per 1,000 Hispanic women, and 11 abortions per 1,000 white women.<ref>[https://web.archive.org/web/20080925201556/http://www.time.com/time/health/article/0,8599,1843717,00.html Abortion Rate Falls, But Not Equally for All Women], Time magazine, September 23, 2008</ref><ref>{{cite web |archive-url=https://web.archive.org/web/20170112151842/https://www.guttmacher.org/gpr/2008/08/abortion-and-women-color-bigger-picture |title=Abortion and Women of Color: The Bigger Picture |work=Guttmacher Policy Review |volume=11 |number=3
|url=https://www.guttmacher.org/gpr/2008/08/abortion-and-women-color-bigger-picture |archive-date=2017-01-12 |access-date=2024-03-29 |first1=Susan A |last1=Cohen |date=2008-08-06}}</ref><ref name="Leppert">{{cite web |last1=Diamant |first1=Jeff |last2=Mohamed |first2=Besheer |last3=Leppert |first3=Rebecca |title=What the data says about abortion in the U.S. |url=https://www.pewresearch.org/short-reads/2024/03/25/what-the-data-says-about-abortion-in-the-us/ |website=Pew Research Center |date=25 March 2024 |access-date=May 18, 2024 |archive-date=May 18, 2024 |archive-url=https://web.archive.org/web/20240518170931/https://www.pewresearch.org/short-reads/2024/03/25/what-the-data-says-about-abortion-in-the-us/ |url-status=live }} "Looking at abortion rates among those ages 15 to 44, there were 28.6 abortions per 1,000 non-Hispanic Black women in 2021; 12.3 abortions per 1,000 Hispanic women; 6.4 abortions per 1,000 non-Hispanic White women; and 9.2 abortions per 1,000 women of other races, the CDC reported from those same 31 states, D.C. and New York City."</ref>

{| class="wikitable" style="margin-left: auto; margin-right: auto; border: none;"
|+ Abortion rate per 1,000 women, 2021<ref name="Leppert" />
|-
! Ethnicity !! Abortion rate 
|-
| African American women|| 28.6 
|-
| Hispanic women|| 12.3 
|-
| Other women || 9.2 
|-
| White women || 6.4
|}

===In-state vs. out-of-state ===

[[Roe v. Wade]] legalized abortion nationwide in 1973. In 1972, 41% of abortions were performed on women outside their state of residence, while in 1973 it declined to 21%, and then to 11% in 1974.<ref name=PEW_2022-06-24>{{cite web | url=https://www.pewresearch.org/fact-tank/2022/06/24/what-the-data-says-about-abortion-in-the-u-s-2/ | title=What the data says about abortion in the U.S. | last1=Diamant | first1=Jeff | last2=Mohamed | first2=Besheer | website=[[Pew Research Center]] | date=June 24, 2022 | access-date=June 28, 2022 | archive-date=June 28, 2022 | archive-url=https://web.archive.org/web/20220628212119/https://www.pewresearch.org/fact-tank/2022/06/24/what-the-data-says-about-abortion-in-the-u-s-2/ | url-status=dead }}</ref>

In the decade from 2011 to 2020, during which many states increased abortion restrictions, the percentage of women nationwide who traveled out of state for an abortion increased steadily, from 6% in 2011 to 9% in 2020.{{ r | Guttmacher_2022-07-21 }} Out of state travel for an abortion was much more prevalent in the 29 states hostile to abortion rights, with percentages in those states rising from 9% in 2011 to 15% by 2020, while in states supportive of abortion rights, out of state travel for abortions rose from 2% to 3% between 2011 and 2020.{{ r | Guttmacher_2022-07-21 }} In 2024, around 155,000 people crossed state lines for abortions, doubling the number in 2020. In several states the percentage of abortions performed within the state specifically for people who traveled from outside of the state exceeds 15%, with Kansas, New Mexico, and Washington DC exceeding 50%. Illinois performed the most out-of-state abortions in the US at 23% or 34,900 cases.<ref name=":5">{{Cite news |last=Sherman |first=Carter |date=2025-04-20 |title=New figures shed light on US abortion travel as Trump cuts tracking research |url=https://www.theguardian.com/world/2025/apr/20/us-abortion-travel-report |access-date=2025-05-20 |work=The Guardian |language=en-GB |issn=0261-3077}}</ref> 

Guttmacher has released data about abortions by ''state of occurrence'' and ''state of residence.''{{ r | Guttmacher_2022-07-21 }} In some states, these numbers can be tremendously different, for example in [[Missouri]], a state very hostile to abortion rights, the ''abortion rate by state of occurrence'' dropped from 4 in 1000 women aged 15–44 for 2017 to 0.1 for 2020, because 57% of abortion recipients went out of state in 2017, while 99% did so in 2020.{{ r | Guttmacher_2022-07-21 }} In contrast, from 2017 to 2020, the ''abortion rate by state of residence'' for Missourians went up by 18% from 8.4 to 9.9.{{ r | Guttmacher_2022-07-21 }} 

Some out of state travel pertains to locations of population centers in states; if large cities are close to state borders it may be common to cross borders for an abortion.{{ r | Guttmacher_2022-07-21 }} For example, Delaware, which is generally supportive of abortion rights, saw 44% of residents obtain their abortions in neighboring states.<ref name=Guttmacher_2022-07-21 >{{cite web | url=https://www.guttmacher.org/article/2022/07/even-roe-was-overturned-nearly-one-10-people-obtaining-abortion-traveled-across | title=Even Before Roe Was Overturned, Nearly One in 10 People Obtaining an Abortion Traveled Across State Lines for Care | last1=Maddow-Zimet | first1=Isaac | last2=Kost | first2=Kathryn | work=[[Guttmacher Institute]] | date=2022-07-21 | access-date=July 23, 2022 | archive-date=July 21, 2022 | archive-url=https://web.archive.org/web/20220721130829/https://www.guttmacher.org/article/2022/07/even-roe-was-overturned-nearly-one-10-people-obtaining-abortion-traveled-across | url-status=live }}</ref>

=== Motherhood ===
In 2019, 60% of women who had abortions were already mothers, and 50% already had two or more children.<ref name=NYT_2021-12-14 >{{cite news | url=https://www.nytimes.com/interactive/2021/12/14/upshot/who-gets-abortions-in-america.html | title=Who Gets Abortions in America? | last1=Sanger-Katz | first1=Margot | last2=Cain Miller | first2=Claire | last3=Bui | first3=Quoctrung | newspaper=[[The New York Times]] | date=2021-12-14 | quote=Six in 10 women who have abortions are already mothers, and half of them have two or more children, according to 2019 data from the Centers for Disease Control and Prevention. “One of the main reasons people report wanting to have an abortion is so they can be a better parent to the kids they already have,” Professor Upadhyay said. | access-date=September 2, 2022 | archive-date=September 2, 2022 | archive-url=https://web.archive.org/web/20220902011314/https://www.nytimes.com/interactive/2021/12/14/upshot/who-gets-abortions-in-america.html | url-status=live }}</ref><ref name=Parenting_2022-06-24 >{{cite news | url=https://www.parents.com/parenting/i-m-a-mom-and-i-had-an-abortion/ | title=The Latest Abortion Statistics and Facts | last=Zerwick | first=Phoebe | newspaper=[[Parenting (magazine)|Parenting]] | date=2022-06-24 | quote=Did you know that a majority of people who have abortions are already parents? Of those who received an abortion, 60 percent had "one or more" previous children—according to 2019 data from the Centers for Disease Control and Prevention (CDC). | access-date=September 2, 2022 | archive-date=September 2, 2022 | archive-url=https://web.archive.org/web/20220902011314/https://www.parents.com/parenting/i-m-a-mom-and-i-had-an-abortion/ | url-status=live }}</ref>

===Reasons for abortions===
{{update section|date=May 2022}}
A 1998 study revealed that in 1987 to 1988, women reported the following as their primary reasons for choosing an abortion:<ref>{{cite journal |first1=Akinrinola |last1=Bankole |first2=Susheela |last2=Singh |first3=Taylor |last3=Haas |url=http://www.guttmacher.org/pubs/journals/2411798.html |title=Reasons Why Women Have Induced Abortions: Evidence from 27 Countries |journal=International Family Planning Perspectives |year=1998 |volume=24 |issue=3 |pages=117–127, 152 |jstor=3038208 |doi=10.2307/3038208 |access-date=June 24, 2007 |archive-date=January 17, 2006 |archive-url=https://web.archive.org/web/20060117191716/http://www.guttmacher.org/pubs/journals/2411798.html |url-status=dead }}</ref><ref name="Finer et al 2005">{{cite journal |first1=Lawrence B. |last1=Finer |first2=Lori F. |last2=Frohwirth |first3=Lindsay A. |last3=Dauphinee |first4=Susheela |last4=Singh |first5=Ann M. |last5=Moore |url=http://www.guttmacher.org/pubs/journals/3711005.pdf |title=Reasons U.S. Women Have Abortions: Quantitative and Qualitative Perspectives |journal=Perspectives on Sexual and Reproductive Health |volume=37 |issue=3 |pages=110–118 |date=September 2005 |jstor=3650599 |pmid=16150658 |doi=10.1111/j.1931-2393.2005.tb00045.x |access-date=January 7, 2007 |archive-date=January 17, 2006 |archive-url=https://web.archive.org/web/20060117143856/https://www.guttmacher.org/pubs/journals/3711005.pdf |url-status=live }}</ref>
{| class="wikitable"
|-
!Percentage
of women
!Primary reason for choosing an abortion
|-
|25.5%
|Want to postpone childbearing
|-
|21.3%
|Cannot afford a baby
|-
|14.1%
|Has relationship problem or partner does not want pregnancy
|-
|12.2%
|Too young; parent(s) or other(s) object to pregnancy
|-
|10.8%
|Having a child will disrupt education or employment
|-
|7.9%
|Want no (more) children
|-
|3.3%
|Risk to fetal health
|-
|2.8%
|Risk to maternal health
|-
|2.1%
|Other
|}
The source of this information takes findings into account from 27 nations including the United States, and therefore, these findings may not be typical for any one nation.

According to a 1987 study that included specific data about [[late term abortion|late abortions]] (i. e., abortions "at 16 or more weeks' gestation"),<ref>{{cite journal |first1=Aida |last1=Torres |first2=Jacqueline Darroch |last2=Forrest |s2cid=25224865 |title=Why Do Women Have Abortions? |journal=Family Planning Perspectives |volume=20 |issue=4 |date=Jul–Aug 1988 |pages=169–176 |jstor=2135792 |pmid=3243347 |quote=Some 42 facilities were originally invited to participate in the study; these include six at which a relatively large number of late abortions (those at 16 or more weeks' gestation) were performed. |doi=10.2307/2135792}}</ref> women reported that various reasons contributed to their having a late abortion:
{| class="wikitable"
|-
!Percentage
of women
!Reasons contributing to a late abortion
|-
|71%
|Woman did not recognize she was pregnant or misjudged gestation
|-
|48%
|Woman had found it hard to make arrangements for an earlier abortion
|-
|33%
|Woman was afraid to tell her partner or parents
|-
|24%
|Woman took time to decide to have an abortion
|-
|8%
|Woman waited for her relationship to change
|-
|8%
|Someone had earlier pressured woman not to have abortion
|-
|6%
|Something changed some time after woman became pregnant
|-
|6%
|Woman did not know timing is important
|-
|5%
|Woman did not know she could get an abortion
|-
|2%
|A fetal problem was diagnosed late in pregnancy
|-
|11%
|Other
|}
In 2000, cases of rape or incest accounted for 1% of abortions.<ref>[http://www.infoplease.com/ipa/A0904509.html "Induced Abortion Facts in Brief"] {{Webarchive|url=https://web.archive.org/web/20070203085948/http://www.infoplease.com/ipa/A0904509.html |date=February 3, 2007 }} (2002) (13,000 out of 1.31 million abortions in 2000 were on account of rape or incest). Retrieved via InfoPlease January 7, 2007. Adapted from "Alan Guttmacher Institute, Induced Abortion, Facts in Brief, 2002". [http://www.guttmacher.org/pubs/fb_induced_abortion.html Facts in Brief] {{webarchive|url=https://web.archive.org/web/20071013034110/http://www.guttmacher.org/pubs/fb_induced_abortion.html |date=October 13, 2007 }} from [[Guttmacher Institute]] does not include the 13 000 statistic though, nor does [https://www.guttmacher.org/pubs/sfaa/sfaa_sources.html the 2003 version] {{Webarchive|url=https://web.archive.org/web/20150306024115/https://www.guttmacher.org/pubs/sfaa/sfaa_sources.html |date=March 6, 2015 }}.</ref>

A 2004 study by the [[Guttmacher Institute]] reported that women listed the following amongst their reasons for choosing to have an abortion:<ref name="Finer et al 2005"/>
{| class="wikitable"
|-
!Percentage
of women
!Reason for choosing to have an abortion
|-
|74%
|Having a baby would dramatically change my life
|-
|73%
|Cannot afford a baby now
|-
|48%
|Do not want to be a single mother or having relationship problems
|-
|38%
|Have completed my childbearing
|-
|32%
|Not ready for another child
|-
|25%
|Do not want people to know I had sex or got pregnant
|-
|22%
|Do not feel mature enough to raise a(nother) child
|-
|14%
|Husband or partner wants me to have an abortion
|-
|13%
|Possible problems affecting the health of the fetus
|-
|12%
|Concerns about my health
|-
|6%
|Parents want me to have an abortion
|-
|1%
|Was a victim of rape
|-
|less than .5%
|Became pregnant as a result of incest
|}
A 2008 [[National Survey of Family Growth]] (NSFG) shows that rates of unintended pregnancy are highest among Blacks, Hispanics, and women with lower socio-economic status.<ref>{{cite journal|last=Dehlendorf |first=Christine |author2=Lisa Harris |title=Disparities in Abortion Rates: A Public Health Approach|journal=American Journal of Public Health|date=October 1, 2013|volume=103|issue=10|pages=1772–1779 |doi=10.2105/ajph.2013.301339|pmid=23948010 |pmc=3780732}}</ref>
* 70% of all pregnancies among Black women were unintended
* 57% of all pregnancies among Hispanic women were unintended
* 42% of all pregnancies among White women were unintended

===When women have abortions (by gestational age)===
[[File:US abortion by gestational age 2016 histogram.svg|thumb|alt=A histogram showing fraction of US abortions at various times in 2016: 25,000 in the first 6 weeks, peaking at 76,000 in the 7th week, then steadily declining to 1,500 in the 18th through 20th weeks, and the quantity after 20 weeks invisible at this scale.|Abortion in the U.S. by gestational age, 2016<ref name=cdcss6311a1/>]]
According to the Centers for Disease Control, in 2011, most (64.5%) abortions were performed by ≤8 weeks' gestation, and nearly all (91.4%) were performed by ≤13 weeks' gestation. Few abortions (7.3%) were performed between 14 and 20 weeks' gestation or at ≥21 weeks' gestation (1.4%). From 2002 to 2011, the percentage of all abortions performed at ≤8 weeks' gestation increased 6%.<ref name=cdcss6311a1>{{cite web|url=https://www.cdc.gov/mmwr/preview/mmwrhtml/ss6311a1.htm|title=Abortion Surveillance – United States, 2011|access-date=January 25, 2017|archive-date=January 20, 2017|archive-url=https://web.archive.org/web/20170120201333/https://www.cdc.gov/mmwr/preview/mmwrhtml/ss6311a1.htm|url-status=live}}</ref>

===Safety of abortions===
{{see also|Abortion#Safety}}

The risk of [[Maternal death|death]] from carrying a child to term in the U.S. is approximately 14 times greater than the risk of death from a legal abortion.<ref name="grimes-mortality-2012">{{ Cite journal | last1=Raymond | first1=E. G. | last2=Grimes | first2=D. A. | doi=10.1097/AOG.0b013e31823fe923 | title=The Comparative Safety of Legal Induced Abortion and Childbirth in the United States | journal=Obstetrics & Gynecology | volume=119 | issue=2, Part 1 | pages=215–219 | year=2012 | pmid=22270271 | s2cid=25534071 | quote=...The pregnancy-associated mortality rate among women who delivered live neonates was 8.8 deaths per 100,000 live births. The mortality rate related to induced abortion was 0.6 deaths per 100,000 abortions...The risk of death associated with childbirth is approximately 14 times higher than that with abortion.}}</ref> In 2012, the mortality rate from legal abortion was 0.6 abortion-related deaths per 100,000 abortions.<ref name="grimes-mortality-2012" /> The risk of abortion-related mortality increases with gestational age, but remains lower than that of childbirth through at least 21 weeks' gestation.<ref name="bartlett">{{cite journal |author=Bartlett LA |title=Risk factors for legal induced abortion-related mortality in the United States |journal=Obstetrics & Gynecology |volume=103 |issue=4 |pages=729–737 |date=April 2004 |pmid=15051566 |doi=10.1097/01.AOG.0000116260.81570.60 |author2=Berg CJ |author3=Shulman HB|author3-link= Holly Shulman |last4=Zane |first4=Suzanne B. |last5=Green |first5=Clarice A. |last6=Whitehead |first6=Sara |last7=Atrash |first7=Hani K.|s2cid=42597014 |display-authors=3 |doi-access=free }}</ref><ref name="emedicine">{{cite web |publisher=[[eMedicine]] |title=Elective Abortion |date=May 27, 2010 |access-date=June 1, 2010 |first=Suzanne |last=Trupin |quote=At every gestational age, elective abortion is safer for the mother than carrying a pregnancy to term. |url=http://emedicine.medscape.com/article/252560-overview |url-status=live |archive-url=https://web.archive.org/web/20041214092044/http://www.emedicine.com/MED/topic3311.htm |archive-date=December 14, 2004 }}</ref><ref name="Genevra-2012">{{cite news|url=https://www.reuters.com/article/us-abortion-idUSTRE80M2BS20120123|title=Abortion safer than giving birth: study|last=Pittman|first=Genevra|date=January 23, 2012|work=Reuters|access-date=February 4, 2012|url-status=live|archive-url=https://web.archive.org/web/20120206195457/http://www.reuters.com/article/2012/01/23/us-abortion-idUSTRE80M2BS20120123|archive-date=February 6, 2012}}</ref>

For the period 2013 – 2019, the rate of mortality from legal abortion procedures in the US was 0.43 abortion-related deaths per 100,000 reported legal abortions, lower than the rates for previous 5-year periods.<ref name=CDC_2022_AS>{{Cite journal |last=Kortsmit |first=Katherine |date=2022 |title=Abortion Surveillance — United States, 2020 |url=https://www.cdc.gov/mmwr/volumes/71/ss/ss7110a1.htm |journal=MMWR. Surveillance Summaries |language=en-us |volume=71 |issue=10 |pages=1–27 |doi=10.15585/mmwr.ss7110a1 |issn=1546-0738 |pmc=9707346 |pmid=36417304}}</ref> In 2019, there were four identified deaths related to abortion in the US, out of 625,000 abortions.<ref name=CDC_2022_AS />

===Birth control effects===
{{main|Birth control}}
Increased access to birth control has been statistically linked to reductions in the abortion rate.<ref name="ObGyn 2012 No-Cost Contraception">{{cite journal | title = Preventing Unintended Pregnancies by Providing No-Cost Contraception | last1=Peipert|first1=Jeffrey F.|last2=Madden|first2=Tessa| last3=Allsworth| first3=Jenifer E. |last4=Secura|first4=Gina M.|journal = Obstetrics & Gynecology | volume = 120 | issue = 6 | pages=1291–1297|date=December 2012| doi=10.1097/AOG.0b013e318273eb56 | pmid=23168752| quote=Conclusion: We noted a clinically and statistically significant reduction in abortion rates, repeat abortions, and teenage birth rates. Unintended pregnancies may be reduced by providing no-cost contraception and promoting the most effective contraceptive methods. | pmc=4000282}}</ref><ref name="Guttmacher 2016 Drop in Unintended">{{cite web |last=Dreweke |first=Joerg|date=March 18, 2016 |title=New Clarity for the U.S. Abortion Debate: A Steep Drop in Unintended Pregnancy Is Driving Recent Abotion Declines|url=https://www.guttmacher.org/gpr/2016/03/new-clarity-us-abortion-debate-steep-drop-unintended-pregnancy-driving-recent-abortion|access-date=January 22, 2021|publisher=Guttmacher Institute}}</ref><ref name="Brookings 2019 Access to Contraception">{{cite web |last1=Guyot |first1=Katherine| last2=Sawhill | first2=Isabel V. | date=July 29, 2019 |title=Reducing access to contraception won't reduce the abortion rate|url=https://www.brookings.edu/blog/up-front/2019/07/29/reducing-access-to-contraception-wont-reduce-the-abortion-rate/|access-date=January 22, 2021|publisher=[[Brookings Institution]] | quote=While the new rules were motivated by opposition to abortion, the state experiences we highlight in our paper show that increasing access to highly effective methods of contraception (and thus preventing unintended pregnancies) is a more effective way to reduce abortion rates. Barriers to contraceptive access will impede further progress in reducing unintended pregnancy rates, will raise government costs for Medicaid and other social programs, and will lead to more women seeking an abortion. }}</ref> As an element of [[family planning]], birth control was federally subsidized for low income families in 1965 under President [[Lyndon B. Johnson]]'s [[war on poverty]] program. In 1970, Congress passed [[Title X]] to provide family planning services for those in need, and President [[Richard Nixon]] signed it into law. Funding for Title X rose from $6&nbsp;million in 1971 to $61&nbsp;million the next year, and slowly increased each year to $317&nbsp;million in 2010, after which it was reduced by a few percent.<ref>{{Cite web|url=https://www.hhs.gov/opa/title-x-family-planning/about-title-x-grants/funding-history/index.html|archive-url=https://web.archive.org/web/20161230104117/https://www.hhs.gov/opa/title-x-family-planning/about-title-x-grants/funding-history/index.html|url-status=dead|archive-date=December 30, 2016|date=April 4, 2019|website=U.S. Department of Health and Human Services |title=Title X Program Funding History |access-date=March 2, 2021}}</ref>

In 2011, the [[Guttmacher Institute]] reported that the number of abortions in the U.S. would be nearly two-thirds higher without access to birth control.<ref>{{cite web|date=February 2011|url=http://www.guttmacher.org/pubs/fb_contraceptive_serv.html|title=Facts on Publicly Funded Contraceptive Services in the United States|publisher=[[Guttmacher Institute]]|access-date=March 2, 2021|archive-date=September 26, 2008|archive-url=https://web.archive.org/web/20080926025834/http://www.guttmacher.org/pubs/fb_contraceptive_serv.html}}</ref> In 2015, the [[Federation of American Scientists]] reported that federally mandated access to birth control had helped reduce teenage pregnancies in the U.S. by 44 percent, and had prevented more than 188,000 unintended pregnancies.<ref>{{Cite report|url=https://fas.org/sgp/crs/misc/R45181.pdf|title=Family Planning Program Under Title X of the Public Health Service Act|last=Napili|first=Angela|date=October 15, 2018|access-date=May 4, 2020}}</ref>

==Public opinion==
{{update section|date=May 2024}}
{{further|Societal attitudes towards abortion}}
{{see also|United States abortion-rights movement|United States anti-abortion movement}}
[[File:Trend_from_polls_on_abortion_in_the_United_States_,_1995-2019.svg|thumb|alt=A graph of the poll results from 1995 to 2019, starting at 56% "pro-choice" and 33% "pro-life" and ending at 49% "pro-life" and 46% "pro-choice".|Trend percent of Americans self-identifying as either "pro-life" or "pro-choice"]]
The level of support for access to abortion has been relatively consistent since 1972. Large majorities (over 75%) support access to abortion in "traumatic" cases (rape, danger to the mother's health, or strong chance of birth defects) and approximately 40-50% support elective abortion.<ref>{{Cite journal |last=Osborne |first=Danny |last2=Huang |first2=Yanshu |last3=Overall |first3=Nickola C. |last4=Sutton |first4=Robbie M. |last5=Petterson |first5=Aino |last6=Douglas |first6=Karen M. |last7=Davies |first7=Paul G. |last8=Sibley |first8=Chris G. |date=2022 |title=Abortion Attitudes: An Overview of Demographic and Ideological Differences |url=https://onlinelibrary.wiley.com/doi/abs/10.1111/pops.12803 |journal=Political Psychology |language=en |volume=43 |issue=S1 |pages=29–76 |doi=10.1111/pops.12803 |issn=1467-9221|hdl=2292/59008 |hdl-access=free }}</ref>

According to [[Pew Research Center]], since they began polling in 1995, those saying that abortion should be legal in "all" or "most" cases have consistently outnumbered those saying it should not. in 1995, 60% said it should be legal versus 38% who said it should not, with agreement falling to a low of 47% versus 44% in 2009, before steadily rising to an all-time high of 63% in support and 36% against.<ref>{{Cite web |date=2025-06-12 |title=Public Opinion on Abortion |url=https://www.pewresearch.org/religion/fact-sheet/public-opinion-on-abortion/ |access-date=2025-07-06 |website=Pew Research Center |language=en-US}}</ref>

Americans have been equally divided on the issue; a May 2018 [[Gallup poll]] indicated that 48% of Americans described themselves as "pro-choice" and 48% described themselves as "pro-life".<ref name="Gallup2018">{{cite web |last1=Jeffrey Jones |date=June 11, 2018 |title=U.S. Abortion Attitudes Remain Closely Divided |url=https://news.gallup.com/poll/235445/abortion-attitudes-remain-closely-divided.aspx?g_source=link_NEWSV9&g_medium=TOPIC&g_campaign=item_&g_content=U.S.%2520Abortion%2520Attitudes%2520Remain%2520Closely%2520Divided |publisher=Gallup}}</ref> A July 2018 poll indicated that 64% of Americans did not want the Supreme Court to overturn ''Roe v. Wade'', while 28% did.<ref>{{cite web | url=https://news.gallup.com/poll/1576/abortion.aspx | title=Gallup: Abortion | publisher=[[Gallup poll]]| date=June 22, 2007 }}</ref> The same poll found that support for abortion being generally legal was 60% during the first trimester of pregnancy, dropping to 28% in the second trimester, and 13% in the third trimester.<ref>{{Cite web | url=https://news.gallup.com/poll/235469/trimesters-key-abortion-views.aspx |title = Trimesters Still Key to U.S. Abortion Views|date = June 13, 2018}}</ref>

Support for the legalization of abortion has been consistently higher among more educated adults than less educated,{{ r | Gallop_Ed_level_2010 }} and in 2019, 70% of college graduates support abortion being legal in all or most cases, compared to 60% of those with some college, and 54% of those with a high school degree or less.{{ r | PEW_2019 }}

In January 2013, a majority of Americans believed abortion should be legal in all or most cases, according to a poll by [[NBC News]] and ''[[The Wall Street Journal]]''.<ref name=NBCWSJpoll>{{cite web|last=Murray |first=Mark |url=http://firstread.nbcnews.com/_news/2013/01/21/16626932-nbcwsj-poll-majority-for-first-time-want-abortion-to-be-legal?lite |title=NBC/WSJ poll: Majority, for first time, want abortion to be legal |work=NBC News |date=January 21, 2013 |access-date=August 8, 2013}}</ref> Approximately 70% of respondents in the same poll opposed ''Roe v. Wade'' being overturned.<ref name=NBCWSJpoll/> A poll by the [[Pew Research Center]] yielded similar results.<ref name="pew">{{Cite news |date=2013-01-16 |title=Roe v. Wade at 40: Most Oppose Overturning Abortion Decision |url=https://www.pewresearch.org/religion/2013/01/16/roe-v-wade-at-40/ |url-status=live |archive-url=https://web.archive.org/web/20220415150102/https://www.pewresearch.org/religion/2013/01/16/roe-v-wade-at-40/ |archive-date=2022-04-15 |access-date=2025-10-09 |work=Pew Research Center's Religion & Public Life Project |language=en-US}}</ref> Moreover, 48% of Republicans opposed overturning ''Roe'', compared to 46% who supported overturning it.<ref name=pew/>

Gallup declared in May 2010 that more Americans identifying as "pro-life" is "the new normal", while also noting that there had been no increase in opposition to abortion. It suggested that political polarization may have prompted more Republicans to call themselves "pro-life".<ref name=":2">{{cite web|last=Saad |first=Lydia |url=http://www.gallup.com/poll/128036/New-Normal-Abortion-Americans-Pro-Life.aspx |title=The New Normal on Abortion: Americans More "Pro-Life" |publisher=Gallup |date=May 14, 2010 |access-date=August 8, 2013}}</ref> The terms "pro-choice" and "pro-life" do not always reflect a political view or fall along a binary; in one [[Public Religion Research Institute]] poll, seven in ten Americans described themselves as "pro-choice" while almost two-thirds described themselves as "pro-life". The same poll found that 56% of Americans were in favor of legal access to abortion in all or some cases.<ref>{{cite web |url=http://publicreligion.org/research/2011/06/committed-to-availability-conflicted-about-morality-what-the-millennial-generation-tells-us-about-the-future-of-the-abortion-debate-and-the-culture-wars/ |publisher=Public Religion Research Institute |title=Committed to Availability, Conflicted about Morality: What the Millennial Generation Tells Us about the Future of the Abortion Debate and the Culture Wars |date=June 9, 2011 |access-date=January 5, 2012 |archive-date=May 5, 2016 |archive-url=https://web.archive.org/web/20160505210236/http://publicreligion.org/research/2011/06/committed-to-availability-conflicted-about-morality-what-the-millennial-generation-tells-us-about-the-future-of-the-abortion-debate-and-the-culture-wars/ |url-status=dead }}</ref>

A 2022 study reviewing the literature and public opinion datasets found that 43.8% of survey respondents in the U.S. consistently support both elective and traumatic abortion, whereas only 14.8% consistently oppose abortion irrespective of the reason, and others differ in their degree of support for abortion depending on the circumstances of the abortion.<ref name=":02"/> 90% approve of abortion when the health of the woman is endangered, 77.4% when there is a strong chance of defects in the baby that could result from the pregnancy, and 79.5% when the pregnancy is the result of rape.<ref name=":02"/>

A 2022 poll by the [[Pew Research Center]], found that 47% polled said that women who had an illegal abortion should face a penalty. 14% said they should face jail time, 16% said a fine or community services and 17% were not sure the penalty.<ref>{{cite web | url=https://www.pewresearch.org/religion/2022/05/06/americans-views-on-whether-and-in-what-circumstances-abortion-should-be-legal/ | title=1. Americans' views on whether, and in what circumstances, abortion should be legal | date=May 6, 2022 }}</ref><ref>{{cite web | url=https://www.pewresearch.org/religion/2022/05/06/americas-abortion-quandary/ | title=America's Abortion Quandary | date=May 6, 2022 }}</ref>

After the 2022 [[Dobbs v. Jackson Women's Health Organization|Dobbs v. Jackson]] decision that overturned [[Roe v. Wade]] and significantly reduced access to abortion, dissatisfaction with the country's abortion policies rose to 69% (the highest level in 23 years), of which 46% want fewer restrictions on abortion, a significant increase from previous years.<ref>{{cite news |last1=Melillo |first1=Gianna |date=2023 |title=Americans' dissatisfaction with US abortion policies hits all-time high |url=https://thehill.com/changing-america/respect/accessibility/3852554-americans-dissatisfaction-with-us-abortion-policies-hits-all-time-high/ |agency=The Hill}}</ref><ref>{{Cite web |last=Saad |first=Lydia |date=2022-01-20 |title=Abortion Laws More Unsettling to Americans in 2022 |url=https://news.gallup.com/poll/389087/abortion-laws-unsettling-americans-2022.aspx |access-date=2025-07-06 |website=Gallup.com |language=en}}</ref> Since then, a consistent majority of the public has identified as pro-choice, with 52% identifying as pro-choice and 44% as pro-life in May 2023.<ref name=":6">{{Cite web |last= |first= |date=2007-06-22 |title=Abortion |url=https://news.gallup.com/poll/1576/Abortion.aspx |access-date=2025-07-06 |website=Gallup.com |language=en}}</ref>

{| class="wikitable" style="margin:1em auto;"
|+{{Citation needed|date=July 2025}}
|-
! style="width:225px;"| Date of poll
! style="width:50px;"| "Pro-life"
! style="width:50px;"| "Pro-choice"
! style="width:50px;"| Mixed / neither
! style="width:100px;"| Don't know what terms mean
! style="width:50px;"| No opinion
|- style="text-align: center;"
|2023, May<ref name=":6" />
|52%
|44%
|–
|–
|–
|- style="text-align:center;"
| 2016, May 4–8 || 46% || 47% || 3% || 3% || 2%
|- style="text-align:center;"
| 2015, May 6–10 || 44% || 50% || 3% || 2% || 1%
|- style="text-align:center;"
| 2014, May 8–11 || 46% || 47% || 3% || 3% || –
|- style="text-align:center;"
| 2013, May 2–7 || 48% || 45% || 3% || 3% || 2%
|- style="text-align:center;"
| 2012, May 3–6 || 50% || 41% || 4% || 3% || 3%
|- style="text-align:center;"
| 2011, May 5–8 || 45% || 49% || 3% || 2% || 2%
|- style="text-align:center;"
| 2010, March 26–28 || 46% || 45% || 4% || 2% || 3%
|- style="text-align:center;"
| 2009, November 20–22 || 45% || 48% || 2% || 2% || 3%
|- style="text-align:center;"
| 2009, May 7–10 || 51% || 42% || – || 0 || 7%
|- style="text-align:center;"
| 2008, September 5–7 || 43% || 51% || 2% || 1% || 3%
|}

=== By gender and age ===

[[Pew Research Center]] polling shows little change in views from 2008 to 2012; modest differences based on gender or age.<ref>{{cite web |url=http://www.people-press.org/2012/04/25/more-support-for-gun-rights-gay-marriage-than-in-2008-or-2004/4-25-12-9/ |title=Abortion views table 2008–2012 |publisher=Pew Research Center for the People & the Press |date=April 25, 2012 |access-date=August 8, 2013 |archive-date=June 5, 2013 |archive-url=https://web.archive.org/web/20130605050151/http://www.people-press.org/2012/04/25/more-support-for-gun-rights-gay-marriage-than-in-2008-or-2004/4-25-12-9/ |url-status=dead }}</ref>

The original article's table also shows by party affiliation, religion, and education level.
{| class="wikitable" style="margin:1em auto;"
|- style="background:#a0d0ff;"
! rowspan="2" |
!colspan="3"|2011–2012
!colspan="3"|2009–2010
!colspan="3"|2007–2008

|- style="background:#a0d0ff;"
!Legal!!Illegal!!Don't Know!!Legal!!Illegal!!Don't Know!!Legal!!Illegal!!Don't Know
|-
!Total
|53%||41%||6%||48%||44%||8%||54%||40%||6%
|-
! !!colspan="3"| !!colspan="3"| !!colspan="3"|
|-
!Men
|51%||43%||6%||46%||46%||9%||52%||42%||6%
|-
!Women
|55%||40%||5%||50%||43%||7%||55%||39%||5%
|-
! !!colspan="3"| !!colspan="3"| !!colspan="3"|
|-
!18–29
|53%||44%||3%||50%||45%||5%||52%||45%||3%
|-
!30–49
|54%||42%||4%||49%||43%||7%||58%||38%||5%
|-
!50–64
|55%||38%||7%||49%||42%||9%||56%||38%||6%
|-
!65+
|48%||43%||9%||39%||49%||12%||45%||44%||11%
|}

=== By educational level ===
Support for the legalization of abortion is significantly higher among more educated adults than less educated, and has been consistently so for decades.<ref name=Gallop_Ed_level_2010 >{{ cite web | url=https://news.gallup.com/poll/127559/education-trumps-gender-predicting-support-abortion.aspx | title=Education Trumps Gender in Predicting Support for Abortion – College-educated adults – and especially college-educated women – most supportive | last=Saad | first=Lydia | work=[[Gallup (company)|Gallop]] | date=April 28, 2010 | access-date=January 5, 2020 | archive-url=https://web.archive.org/web/20170916120533/https://news.gallup.com/poll/127559/education-trumps-gender-predicting-support-abortion.aspx | archive-date=September 16, 2017 | url-status=live | quote=Educational achievement is much more important than gender in determining support for broadly legal abortion, with college-educated adults – and especially college-educated women – the most supportive. This has been the case since the 1970s. Gallup's long-term abortion question – instituted two years after the 1973 Roe v. Wade ruling gave sweeping constitutional protection to abortion – asks Americans to say whether they believe abortion should be 'legal under any circumstances,' 'legal only under certain circumstances,' or 'illegal in all circumstances.'}}</ref> In 2019, 70% of college graduates support abortion being legal in all or most cases, as well as 60% of those with some college education, compared to 54% of those with a high school degree or less.<ref name=PEW_2019 >{{ cite web | url=https://www.pewforum.org/fact-sheet/public-opinion-on-abortion/ | title=Public Opinion on Abortion – Views on abortion, 1995–2019 | work=[[Pew Research Center]] | date=August 29, 2019 | access-date=January 5, 2020 | archive-url=https://web.archive.org/web/20190919172116/https://www.pewforum.org/fact-sheet/public-opinion-on-abortion/ | archive-date=September 19, 2019 | url-status=live | quote=Seven-in-ten college graduates (70%) say abortion should be legal in all or most cases, as do 60% of those with some college education. A slim majority of those with a high school degree or less education share this opinion: 54% say abortion should be legal in all or most cases, while 44% say it should be illegal in all or most cases.}}</ref>

{| class="wikitable" style="margin:1em auto;"
|- style="background:#a0d0ff;"
!colspan="3"|2019
|-
!Educational attainment!!Legal in all or most cases!!Illegal in all or most cases
|-
|College grad or more||70%||30%
|-
|Some college||60%||39%
|-
|High school or less||54%||44%
|-
|}

=== By gender, party, and region ===
A January 2003 [[CBS News]]/''[[The New York Times]]'' poll examined whether Americans thought abortion should be legal or not, and found variations in opinion which depended upon [[List of political parties in the United States|party affiliation]] and the region of the country.<ref name=cbspoll>"[https://www.cbsnews.com/news/poll-strong-support-for-abortion-rights/ Poll: Strong Support For Abortion Rights]" (January 22, 2003). ''CBS News''. Retrieved January 11, 2007.</ref> The [[margin of error]] is +/– 4% for questions answered of the entire sample (overall figures) and may be higher for questions asked of subgroups (all other figures).<ref name=cbspoll/>
{| class="wikitable" style="margin:1em auto;"
|- style="background:#a0d0ff;"
!|Group||Generally available!!Available, but with stricter limits than now!!Not permitted
|-
|width=120|Women||37%||37%||24%
|-
|width=120|Men||40%||40%||20%
|-
| colspan="4" |
|-
|width=120|[[Democratic Party (United States)|Democrats]]||43%||35%||21%
|-
|width=120|[[Republican Party (United States)|Republicans]]||29%||41%||28%
|-
|width=120|[[Independent (voter)|Independents]]||42%||38%||18%
|-
| colspan="4" |
|-
|width=120|[[Northeastern United States|Northeasterners]]||48%||31%||19%
|-
|width=120|[[Midwestern United States|Midwesterners]]||34%||40%||25%
|-
|width=120|[[Southern United States|Southerners]]||33%||41%||25%
|-
|width=120|[[Western United States|Westerners]]||43%||40%||16%
|-
| colspan="4" |
|-
| width="120" |''Overall''||''39%''||''38%''||''22%''
|}

===By trimester of pregnancy===
<!-- This section is linked from [[Roe v. Wade]] -->
A [[CNN]]/''[[USA Today]]''/[[Gallup poll]] in January 2003 asked about the legality of abortion by [[wikt:trimester|trimester]], using the question, "Do you think abortion should generally be legal or generally illegal during each of the following stages of pregnancy?"<ref name="pollingreport">''[http://www.pollingreport.com/abortion.htm The Polling Report].'' (2008). Retrieved September 10, 2008.</ref> This same question was also asked by Gallup in March 2000 and July 1996.<ref name="gallup1">{{cite web |url=http://www.gallup.com/poll/1576/abortion.aspx |title=Abortion |access-date=May 13, 2010 |work= Gallup Poll |publisher=Gallup.com |page=2 | archive-url= https://web.archive.org/web/20100513041002/http://www.gallup.com/poll/1576/Abortion.aspx| archive-date= May 13, 2010 | url-status= live|date=June 22, 2007 }}</ref><ref>Saad, "[http://www.gallup.com/poll/3016/Americans-Walk-Middle-Road-Abortion.aspx Americans Walk the Middle Road on Abortion]", The Gallup Poll Monthly (April 2000); {{cite web |url=http://www.frtl.org/abortion/gallup+poll+topics.htm |title=Gallup Poll Topics |access-date=August 25, 2016 |archive-url=https://web.archive.org/web/20080603181326/http://www.frtl.org/abortion/gallup%20poll%20topics.htm |archive-date=June 3, 2008 }} from Florida Right to Life. Retrieved January 12, 2007.</ref> Polls indicates general support of legal abortion during the first trimester, although support drops dramatically for abortion during the second and third trimester.

Since the 2011 poll, support for legal abortion during the first trimester has declined. 
{| class="wikitable" style="margin:1em auto;"
|- style="background:#a0d0ff;"
|
| colspan="2" style="text-align:center;"|2018 Poll
| colspan="2" style="text-align:center;"|2012 Poll
| colspan="2" style="text-align:center;"|2011 Poll
| colspan="2" style="text-align:center;"|2003 Poll
| colspan="2" style="text-align:center;"|2000 Poll
| colspan="2" style="text-align:center;"|1996 Poll
|-
| || Legal|| Illegal || Legal || Illegal || Legal || Illegal
| Legal|| Illegal || Legal || Illegal || Legal || Illegal
|-
| First trimester || 60% || 34% || 61% || 31% || 62%|| 29% || 66%|| 35% || 66% || 31%|| 64%|| 30%
|-
| Second trimester|| 28%|| 65%|| 27%|| 64%|| 24%|| 71% || 25%|| 68% || 24% || 69%|| 26%|| 65%
|-
| Third trimester || 13%|| 81%|| 14%|| 80%|| 10%|| 86% || 10%|| 84% || 8% || 86%|| 13%|| 82%
|}

===By circumstance or reasons===
According to Gallup's long-time polling on abortion, the majority of Americans are neither strictly "pro-life" or "pro-choice"; it depends upon the circumstances of the pregnancy. Gallup polling from 1996 to 2021 consistently reveals that when asked the question, "Do you think abortions should be legal under any circumstances, legal only under certain circumstances, or illegal in all circumstances?", Americans repeatedly answer "legal only under certain circumstances". According to the poll, in any given year 48–57% say legal only under certain circumstances, 21–34% say legal under any circumstances, and 13–19% illegal in all circumstances, with 1–7% having no opinion.<ref name="gallup1"/>

{| class="wikitable" style="margin:1em auto;"
|-
! style="width:125px;"|
! style="width:100px;"| Legal under any circumstances
! style="width:100px;"| Legal only under certain circumstances
! style="width:100px;"| Illegal in all circumstances
! style="width:100px;"| No opinion
|- style="text-align:center;"
| 2021 May 3–18 || 32% || 48% || 19% || 2%
|- style="text-align:center;"
| 2020 May 1–13 || 29% || 50% || 20% || 2%
|- style="text-align:center;"
| 2019 May 1–12 || 25% || 53% || 21% || 2%
|- style="text-align:center;"
| 2018 May 1–10 || 29% || 50% || 18% || 2%
|- style="text-align:center;"
| 2017 May 3–7 || 29% || 50% || 18% || 3%
|- style="text-align:center;"
| 2016 May 4–8 || 29% || 50% || 19% || 2%
|- style="text-align:center;"
| 2015 May 6–10 || 29% || 51% || 19% || 1%
|- style="text-align:center;"
| 2014 May 8–11 || 28% || 50% || 21% || 2%
|- style="text-align:center;"
| 2013 May 2–7 || 26% || 52% || 20% || 2%
|- style="text-align:center;"
| 2012 Dec 27–30 || 28% || 52% || 18% || 3%
|- style="text-align:center;"
| 2012 May 3–6 || 25% || 52% || 20% || 3%
|- style="text-align:center;"
| 2011 Jul 15–17 || 26% || 51% || 20% || 3%
|- style="text-align:center;"
| 2011 June 9–12 || 26% || 52% || 21% || 2%
|- style="text-align:center;"
| 2011 May 5–8 || 27% || 49% || 22% || 3%
|- style="text-align:center;"
| 2009 Jul 17–19 || 21% || 57% || 18% || 4%
|- style="text-align:center;"
| 2009 May 7–10 || 22% || 53% || 23% || 2%
|- style="text-align:center;"
| 2008 May 8–11 || 28% || 54% || 18% || 2%
|- style="text-align:center;"
| 2007 May 10–13 || 26% || 55% || 17% || 1%
|- style="text-align:center;"
| 2006 May 8–11 || 30% || 53% || 15% || 2%
|}

According to the aforementioned poll,<ref name="gallup1"/> Americans differ drastically based upon situation of the pregnancy, suggesting they do not support unconditional abortions. Based on two separate polls taken May 19–21, 2003, of 505 and 509 respondents respectively, Americans stated their approval for abortion under these various circumstances:

{| class="wikitable" style="margin:1em auto;"
|-
! Poll Criteria !! Total !! Poll A !! Poll B
|-
| When the woman's life is endangered || 78% || 82% || 75%
|-
| When the pregnancy was caused by rape or incest || 65% || 72% || 59%
|-
| When the child would be born with a life-threatening illness || 54% || 60% || 48%
|-
| When the child would be born mentally disabled || 44% || 50% || 38%
|-
| When the woman does not want the child for any reason || 32% || 41% || 24%
|}

Another separate trio of polls taken by Gallup in 2003, 2000, and 1996,<ref name="gallup1"/> revealed public support for abortion as follows for the given criteria:

{| class="wikitable" style="margin:1em auto;"
|-
! Poll criteria !! 2003 Poll !! 2000 Poll !! 1996 Poll
|-
| When the woman's life is endangered || 85% || 84% || 88%
|-
| When the woman's physical health is endangered || 77% || 81% || 82%
|-
| When the pregnancy was caused by rape or incest || 76% || 78% || 77%
|-
| When the woman's mental health is endangered || 63% || 64% || 66%
|-
| When there is evidence that the baby may be physically impaired || 56% || 53% || 53%
|-
| When there is evidence that the baby may be mentally impaired || 55% || 53% || 54%
|-
| When the woman or family cannot afford to raise the child || 35% || 34% || 32%
|}

Gallup furthermore established public support for many issues supported by the anti-abortion community and opposed by the abortion rights community:<ref name="gallup1"/>

{| class="wikitable" style="margin:1em auto;"
|-
! Legislation !! 2011 Poll !! 2003 Poll !! 2000 Poll !! 1996 Poll
|-
| A law requiring doctors to inform patients about [[alternatives to abortion]] before performing the procedure || || 88% || 86% || 86%
|-
| A law requiring women seeking abortions to wait 24 hours before having the procedure done || 69% || 78% || 74% || 73%
|}

{| class="wikitable" style="margin:1em auto;"
|-
! Legislation !! 2005 Poll !! 2003 Poll !! 1996 Poll !! 1992 Poll
|-
| A law requiring women under 18 to get parental consent for any abortion || 69% || 73% || 74% || 70%
|-
| A law requiring that the husband of a married woman be notified if she decides to have an abortion || 64% || 72% || 70% || 73%
|}

An October 2007 [[CBS News]] poll explored under what circumstances Americans believe abortion should be allowed, asking the question, "What is your personal feeling about abortion?" The results were as follows:<ref name="pollingreport" />
{| class="wikitable" style="margin:1em auto;"
|- style="background:#a0d0ff;"
!|Permitted in all cases!!Permitted, but subject to greater restrictions than it is now!!Only in cases such as rape, incest, or to save the woman's life!!Only permitted to save the woman's life||Never||Unsure
|-
|width=120| 26%||16%||34%||16%||4%||4%
|}

===Additional polls===
[[File:USA Gallup abortion opinion poll.jpg|thumb|alt=A graph showing poll results from 1975 to 2008. The results are "legal only under certain circumstances" (varying between 50% and 60%), "legal under any circumstances" (varying between 20% and 30%), "illegal in all circumstances" (varying between 10% and 20%), and "no opinion" (under 5%).|Results of Gallup opinion poll in the U.S. since 1975, legal restriction of abortion<ref>{{cite web|url=http://www.gallup.com/poll/1576/Abortion.aspx |title=Abortion |publisher=Gallup.com |date= June 22, 2007|access-date=August 8, 2013}}</ref>]]
* A June 2000 ''[[Los Angeles Times]]'' survey found that, although 57% of polltakers considered abortion to be murder, half of that 57% believed in allowing women access to abortion. The survey also found that, overall, 65% of respondents did not believe abortion should be legal after the first trimester, including 72% of women and 58% of men. Further, the survey found that 85% of Americans polled supported abortion in cases of risk to a woman's physical health, 54% if the woman's mental health was at risk, and 66% if a congenital abnormality was detected in the fetus.<ref>Rubin, Allisa J. (June 18, 2000). "[https://pqasb.pqarchiver.com/latimes/access/55304043.html?dids=55304043:55304043&FMT=ABS&FMTS=ABS:FT&type=current&date=Jun+18%2C+2000&author=ALISSA+J.+RUBIN&pub=Los+Angeles&edition=&startpage=1&desc=Americans+Narrowing+Support+for+Abortion Americans Narrowing Support for Abortion] {{Webarchive|url=https://web.archive.org/web/20130120162808/http://pqasb.pqarchiver.com/latimes/access/55304043.html?dids=55304043:55304043&FMT=ABS&FMTS=ABS:FT&type=current&date=Jun+18%2C+2000&author=ALISSA+J.+RUBIN&pub=Los+Angeles&edition=&startpage=1&desc=Americans+Narrowing+Support+for+Abortion |date=January 20, 2013 }}." ''Los Angeles Times''. Retrieved January 11, 2007.</ref>
* A July 2002 Public Agenda poll found that 44% of men and 42% of women thought that "abortion should be generally available to those who want it", 34% of men and 35% of women thought that "abortion should be available, but under stricter than limits it is now", and 21% of men and 22% of women thought that "abortion should not be permitted".<ref name="publicagenda1" />
* A January 2003 [[ABC News (United States)|ABC News]]/''[[The Washington Post]]'' poll also examined attitudes towards abortion by gender. In answer to the question, "On the subject of abortion, do you think abortion should be legal in all cases, legal in most cases, illegal in most cases or illegal in all cases?", 25% of women responded that it should be legal in "all cases", 33% that it should be legal in "most cases", 23% that it should be illegal in "most cases", and 17% that it should be illegal in "all cases". 20% of men thought it should be legal in "all cases", 34% legal in "most cases", 27% illegal in "most cases", and 17% illegal in "all cases".<ref name="publicagenda1">Public Agenda Online. (2006). [http://www.publicagendaarchives.org/charts/men-and-women-hold-similar-views-legality-abortion Men and women hold similar views on the legality of abortion] {{Webarchive|url=https://web.archive.org/web/20150506151159/http://www.publicagendaarchives.org/charts/men-and-women-hold-similar-views-legality-abortion |date=May 6, 2015 }}</ref>
* Most Fox News viewers favor both parental notification as well as parental consent, when a minor seeks an abortion. A [[Fox News]] poll in 2005 found that 78% of people favor a notification requirement, and 72% favor a consent requirement.<ref>[http://www.foxnews.com/projects/pdf/poll_042705.pdf Fox News/Opinion Dynamics Poll]. April 25–26, 2005: "Do you think a female under age 18 should be required by state law to notify at least one parent or guardian before having an abortion?" 78% yes, 17% no. "Do you think a female under age 18 should be required by state law to get permission or consent from at least one parent or guardian before having an abortion?" 72% yes, 22% no.</ref>
* An April 2006 [[Harris Insights & Analytics|Harris]] poll on ''Roe v. Wade'', asked, "In 1973, the U.S. Supreme Court decided that states' laws which made it illegal for a woman to have an abortion up to three months of pregnancy were unconstitutional, and that the decision on whether a woman should have an abortion up to three months of pregnancy should be left to the woman and her doctor to decide. In general, do you favor or oppose this part of the U.S. Supreme Court decision making abortions up to three months of pregnancy legal?", to which 49% of respondents indicated favor while 47% indicated opposition. The Harris organization has concluded from this poll that, "49 percent now support Roe vs. Wade".<ref>Harris Interactive, (May 4, 2006). "[http://www.harrisinteractive.com/harris_poll/index.asp?PID=659 Support for Roe vs. Wade Declines to Lowest Level Ever] {{Webarchive|url=https://web.archive.org/web/20061208091149/http://www.harrisinteractive.com/harris_poll/index.asp?PID=659 |date=December 8, 2006 }}." Retrieved January 4, 2007." Pro-life activists have disputed whether the Harris poll question is a valid measure of public opinion about Roe's overall decision, because the question focuses only on the first three months of pregnancy." See Franz, Wanda. [http://www.nrlc.org/news/2007/NRL06/PresidentColumn.html "The Continuing Confusion About Roe v. Wade"] {{webarchive|url=https://web.archive.org/web/20080512081340/http://www.nrlc.org/news/2007/NRL06/PresidentColumn.html |date=May 12, 2008 }}, ''NRL News'' (June 2007). See also Adamek, Raymond. [https://www.jstor.org/stable/2748305 "Abortion Polls"], ''[[Public Opinion Quarterly]]'', Vol. 42, No. 3 (Autumn, 1978), pp. 411–413.</ref>
* Two polls were released in May 2007 asking Americans "With respect to the abortion issue, would you consider yourself to be pro-choice or pro-life?" May 4–6, a CNN poll found 45% said "pro-choice" and 50% said pro-life.<ref>[http://i.a.cnn.net/cnn/2007/images/05/09/rel6e.pdf CNN Opinion Research Poll], (May 9, 2007). Retrieved May 27, 2007.</ref> Within the following week, a Gallup poll found 50% responding "pro-choice" and 44% pro-life.<ref>[http://www.gallup.com/poll/1576/Abortion.aspx "Abortion"] ''The Gallup Poll'' (May 21, 2007) Retrieved May 28, 2007.</ref>
* In 2011, a poll conducted by the Public Religion Research Institute found that 43% of respondents identified themselves as both "pro-life" and "pro-choice".<ref>{{cite web|url=http://publicreligion.org/2013/01/moving-beyond-pro-choice-and-pro-life/|title=Moving Beyond "Pro-Choice" and "Pro-Life" – PRRI|date=January 10, 2013 |access-date=January 25, 2017}}</ref>

===Intact dilation and extraction===
{{further|Intact dilation and extraction}}
{{see also|Partial-Birth Abortion Ban Act}}
In 2003, the U.S. Congress outlawed intact dilation and extraction when it passed the Partial-Birth Abortion Ban Act. A [[Rasmussen Reports]] poll four days after the Supreme Court's opinion in ''[[Gonzales v. Carhart]]'' found that 40% of respondents "knew the ruling allowed states to place some restrictions on specific abortion procedures." Of those who knew of the decision, 56% agreed with the decision and 32% were opposed.<ref>[http://www.rasmussenreports.com/2007/April%20Dailies/partialBirthAbortion.htm Most Who Know of Decision Agree With Supreme Court on Partial Birth Abortion] {{Webarchive|url=https://web.archive.org/web/20070427034834/http://rasmussenreports.com/2007/April%20Dailies/partialBirthAbortion.htm |date=April 27, 2007 }} ''Rasmussen Reports''. April 22, 2007. Retrieved on April 26, 2007</ref> An ABC poll from 2003 found that 62% of respondents thought "partial-birth abortion" should be illegal; a similar number of respondents wanted an exception "if it would prevent a serious threat to the woman's health".<!--<ref>[http://www.pollingreport.com/abortion.htm Abortion and Birth Control]. ''PollingReports.com'.' Retrieved April 26, 2007.</ref>-->

Gallup has repeatedly queried the American public on this issue.<ref name="gallup1"/>

{| class="wikitable" style="margin:1em auto;"
|-
! Legislation !! 2011 !! 2003 !! 2000 !! 2000 !! 2000 !! 1999 !! 1998 !! 1997 !! 1996
|-
| A law that would make it illegal to perform a specific abortion procedure conducted in the last six months, or second and/or third trimester of pregnancy, known by some opponents as a partial birth abortion, except in cases necessary to save the life of the mother || 64% || 70% || 63% || 66% || 64% || 61% || 61% || 55% || 57%
|}

==Positions of political parties==
After ''Roe'', there was a national political realignment surrounding abortion. The [[abortion-rights movement in the United States]] initially emphasized the national policy benefits of abortion, such as smaller welfare expenses, slower population growth, and fewer illegitimate births. The abortion-rights movement drew support from the [[population control movement]], [[Feminism in the United States|feminists]], and [[environmentalists]]. Anti-abortion advocates and civil-rights activists accused abortion-rights supporters of intending to control the population of racial minorities and the disabled, citing their ties to [[Racial segregation in the United States|racial segregationists]] and [[Eugenics in the United States|eugenicist]] legal reformers. The abortion-rights movement subsequently distanced from the population control movement, and responded by taking up choice-based and rights-oriented rhetoric similar to what was used in the ''Roe'' decision.<ref>{{cite book|last=Ziegler|first=Mary|author-link=Mary Ziegler|date=2015|title=After Roe: The Lost History of the Abortion Debate|url=https://books.google.com/books?id=es7eCQAAQBAJ&pg=PA98|location=Cambridge, Massachusetts|publisher=Harvard University Press|pages=36, 98|isbn=9780674736771|access-date=May 9, 2022|archive-date=May 25, 2022|archive-url=https://web.archive.org/web/20220525052751/https://books.google.com/books?id=es7eCQAAQBAJ&pg=PA98|url-status=live|via=Google Books}}</ref> Opponents of abortion experienced a political shift. The Catholic Church and the [[Democratic Party (United States)|Democratic Party]] supported an expansive [[welfare state]], wanted to reduce rates of abortion through prenatal insurance and federally funded day care, and opposed abortion at the time of ''Roe''. Afterwards, the [[anti-abortion movement in the United States]] shifted more to Protestant faiths that saw abortion rights as part of a [[Modern liberalism in the United States|liberal]]-heavy agenda to fight against, and became part of the new [[Christian right]]. The Protestant influence helped make opposition to abortion part of the [[Republican Party (United States)|Republican Party]]'s platform by the 1990s.<ref>{{cite news|last=Elving|first=Ron|date=May 8, 2022|title=The leaked abortion decision blew up overnight. In 1973, ''Roe'' had a longer fuse|publisher=NPR|url=https://www.npr.org/2022/05/08/1097118409/the-leaked-abortion-decision-blew-up-overnight-in-1973-roe-had-a-longer-fuse|access-date=May 10, 2022|archive-date=May 9, 2022|archive-url=https://web.archive.org/web/20220509224349/https://www.npr.org/2022/05/08/1097118409/the-leaked-abortion-decision-blew-up-overnight-in-1973-roe-had-a-longer-fuse|url-status=live}}</ref><ref>{{cite magazine|last=Williams|first=Daniel K.|date=May 9, 2022|title=This Really Is a Different Pro-Life Movement|url=https://www.theatlantic.com/ideas/archive/2022/05/south-abortion-pro-life-protestants-catholics/629779/|access-date=May 10, 2022|magazine=The Atlantic|archive-date=May 10, 2022|archive-url=https://web.archive.org/web/20220510043840/https://www.theatlantic.com/ideas/archive/2022/05/south-abortion-pro-life-protestants-catholics/629779/|url-status=live}}</ref> Republican-led states enacted laws to restrict abortion, including abortions earlier than ''Casey''{{'}}s general standard of 24 weeks.<ref name="Thomson-DeVeaux 2022"/>

Into the 21st century, although members of both [[major U.S. political parties]] come down on either side of the issue, the Republican Party is often seen as being [[anti-abortion]], since the official party platform opposes abortion and considers fetuses to have an inherent right to life. [[Republicans for Choice]] represents the minority of that party. In 2006, pollsters found that 9% of Republicans favor the availability of abortion in most circumstances.<ref name="zogby1">{{cite web|url=http://www.zogby.com/search/ReadNews.dbm?ID=1060|url-status=dead|title=Support for Abortion in Sharp Decline|publisher=Zogby|date=January 23, 2006|archive-url=https://web.archive.org/web/20080603220555/http://www.zogby.com/search/ReadNews.dbm?ID=1060|archive-date=June 3, 2008|access-date=July 28, 2022}}</ref> Of [[Republican National Convention]] delegates in 2004, 13% believed that abortion should be generally available, and 38% believed that it should not be permitted. The same poll showed that 17% of all Republican voters believed that abortion should be generally available to those who want it, while 38% believed that it should not be permitted.<ref>{{cite news|url=https://www.nytimes.com/packages/html/politics/20040829_gop_poll/2004_gop_results.pdf|title=The New York Times/CBS News Poll 2004 Republican National Delegate Survey (Q29)|work=The New York Times|date=August 29, 2004|access-date=July 28, 2022}}</ref> The Republican Party was supportive of abortion rights prior to [[1976 Republican National Convention]], at which they supported an anti-abortion constitutional amendment as a temporary political ploy to gain more support from Catholics; this stance brought many more [[Social conservatism in the United States|social conservatives]] into the party resulting in a large and permanent shift toward support of the anti-abortion position.<ref name=Williams_GOP_history>{{cite journal|last=Williams|first=Daniel|date=January 1, 2011|title=The GOP's Abortion Strategy: Why Pro-Choice Republicans Became Pro-Life in the 1970s|url=https://muse.jhu.edu/article/461985/summary|journal=Journal of Policy History|volume=23|issue=4|pages=513–539|doi=10.1017/S0898030611000285|access-date=March 3, 2021|publisher=Cambridge University Press|s2cid=154353515|quote=When the Republican national convention convened in Kansas City in 1976, the party's pro-choice majority did not expect a significant challenge to their views on abortion. Public opinion polls showed that Republican voters were, on average, more pro-choice than their Democratic counterparts, a view that the convention delegates shared; fewer than 40 percent of the delegates considered themselves pro-life. The chair of the Republican National Committee, Mary Louise Smith, supported abortion rights, as did First Lady Betty Ford, who declared ''Roe v. Wade'' a 'great, great decision.' Likewise, Vice President Nelson Rockefeller, who had taken a leading role in the fight for abortion rights in New York in the late 1960s and early 1970s, was solidly pro-choice. Even some of the party's conservatives, such as Senator Barry Goldwater, supported abortion rights. But in spite of the Republican Party's pro-choice leadership, the GOP adopted a platform in 1976 that promised an antiabortion constitutional amendment. The party's leadership viewed the measure as a temporary political ploy that would increase the GOP's appeal among traditionally Democratic Catholics, but the platform statement instead became a rallying cry for social conservatives who used the plank to build a religiously based coalition in the GOP and drive out many of the pro-choice Republicans who had initially adopted the platform. By 2009, only 26 percent of Republicans were pro-choice. }}</ref> The Democratic Party platform considers abortion to be a woman's right. [[Democrats for Life of America]] represents the minority of that party. In 2006, pollsters found that 74% of Democrats favor the availability of abortion in most circumstances.<ref name="zogby1"/> Of [[Democratic National Convention]] delegates in 2004, 75% believed that abortion should be generally available, and 2% believed that abortion should not be permitted. The same poll showed that 49% of all Democratic voters believed that abortion should be generally available to those who want it, while 13% believed that it should not be permitted.<ref>{{cite news|url=https://www.nytimes.com/packages/html/politics/20040724poll/20040724_delegates_poll_results.pdf|title=The New York Times/CBS News Poll 2004 Democratic National Delegate Survey (Q29)|work=The New York Times|date=July 25, 2004|access-date=July 28, 2022}}</ref>

The position of [[U.S. third political parties]] and other [[U.S. minor political parties]] is diverse. The [[Green Party (United States)|Green Party]] supports legal abortion as a woman's right. While abortion is a contentious issue and the Maryland-based [[Libertarians for Life]] opposes the legality of abortion in most circumstances, the [[Libertarian Party (United States)|Libertarian Party]] platform (2012) states that "government should be kept out of the matter, leaving the question to each person for their conscientious consideration."<ref>[http://www.lp.org/platform National Platform of the Libertarian Party, 1.4 Abortion], adopted in Convention, May 2012.</ref> The [[Constitution Party (United States)|Constitution Party]] is opposed to abortion.

The issue of abortion has become deeply politicized. In 2002, 84% of state Democratic platforms supported the right to having an abortion while 88% of state Republican platforms opposed it. This divergence also led to [[Christian right]] organizations like [[Christian Voice (USA)|Christian Voice]], [[Christian Coalition of America]], and [[Moral Majority]] having an increasingly strong role in the Republican Party. This opposition has been extended under the Foreign Assistance Act; in 1973, [[Jesse Helms]] introduced an amendment banning the use of aid money to promote abortion overseas, and in 1984 the [[Mexico City policy]] prohibited financial support to any overseas organization that performed or promoted abortions. The policy was revoked by President [[Bill Clinton]] and subsequently reinstated by President [[George W. Bush]].<ref name=":3">{{cite news|date=January 23, 2017|title=What is the Mexico City Policy?|url=https://www.cbsnews.com/news/what-is-the-mexico-city-policy/|access-date=June 27, 2022|work=CBS News}}</ref> President [[Barack Obama]] overruled this policy by Executive Order on January 23, 2009,<ref>{{cite web|last=Obama|first=Barack|date=January 23, 2009|title=Statement of President Barack Obama on Rescinding the Mexico City Policy|url=https://obamawhitehouse.archives.gov/the-press-office/statement-president-barack-obama-rescinding-mexico-city-policy|access-date=June 27, 2022|publisher=[[Whitehouse.gov|The White House]]}}</ref> and it was reinstated on January 23, 2017, by President [[Donald Trump]].<ref name=":3"/> On January 28, 2021, President [[Joe Biden]] signed a Presidential Memorandum that repealed the restoration of Mexico City policy and also called for the United States Department of Health and Human Services to "suspend, rescind or revoke" restrictions made to [[Title X]].<ref name="torestore">{{cite web|date=January 28, 2021|title=Memorandum on Protecting Women's Health at Home and Abroad|url=https://bidenwhitehouse.archives.gov/briefing-room/presidential-actions/2021/01/28/memorandum-on-protecting-womens-health-at-home-and-abroad/|access-date=January 31, 2021|publisher=The White House}}</ref> President Donald Trump reinstated the policy on January 24, 2025.<ref>{{cite web |title=Memorandum for the Secretary of State, the Secretary of Defense, the Secretary of Health and Human Services, the Administrator of the United States for International Development |url=https://www.whitehouse.gov/presidential-actions/2025/01/memorandum-for-the-secretary-of-state-the-secretary-of-defense-the-secretary-of-health-and-human-services-the-administrator-of-the-united-states-for-international-development/ |publisher=[[Whitehouse.gov|The White House]] |access-date=11 February 2025 |date=24 January 2025}}</ref>

==Effects of legalization and impact of abortion bans==
[[File:Ms. magazine Cover - Winter 2013.jpg|thumb|alt=Cover of the 2013 winter issue of Ms. Magazine. On a pink background is the black silhouette of a coat-hanger with the title, "without access, there is no choice."|The 2013 winter issue of ''[[Ms. (magazine)|Ms.]]'' was about abortion rights.]]
The risk of death due to legal abortion has fallen considerably since ''[[Roe v. Wade]]'' (1973) legalized it; this was due to increased physician skills, improved medical technology, and earlier termination of pregnancy.<ref name="BeforeAfter"/> From 1940 through 1970, deaths of pregnant women during abortion fell from nearly 1,500 to a little over 100.<ref name="BeforeAfter">{{cite journal |doi=10.1001/jama.1992.03490220075032 |title=Induced Termination of Pregnancy Before and After Roe v Wade: Trends in the Mortality and Morbidity of Women |year=1992 |last1=Coble |first1=Yank D. |journal=JAMA: The Journal of the American Medical Association |volume=268 |issue=22 |page=3231}}</ref> According to the [[Centers for Disease Control and Prevention]], the number of women who died in 1972 from illegal abortion was thirty-nine.<ref>{{cite journal |first1=Lilo T. |last1=Strauss |first2=Joy |last2=Herndon |first3=Jeani |last3=Chang |first4=Wilda Y. |last4=Parker |first5=Sonya V. |last5=Bowens |first6=Suzanne B. |last6=Zane |first7=Cynthia J. |last7=Berg |journal=Morbidity and Mortality Weekly Report |pmid=15562258 |url=https://www.cdc.gov/mmwr/preview/mmwrhtml/ss5309a1.htm |year=2004 |last8=Berg |first8=CJ |title=Abortion surveillance – United States, 2001 |volume=53 |issue=9 |pages=1–32}}</ref> The [[Roe effect]] is a hypothesis suggesting that since supporters of abortion rights cause the erosion of their own political base by having fewer children, the practice of abortion will eventually lead to the restriction or illegalization of abortion.<ref>{{cite journal|last=Levine|first=Phillip B.|date=July 1, 2005|title=Is there any substance to the 'Roe effect'?|journal=Society|volume=42|issue=5|pages=15–17|doi=10.1007/BF02687477|s2cid=144398481 |issn=1936-4725}}</ref> The [[legalized abortion and crime effect]] is another controversial theory that posits legal abortion reduces crime because unwanted children are more likely to become criminals.<ref>{{cite book|title=The Economics of Crime: Lessons for and from Latin America|publisher=University of Chicago Press|first1=Rafael|last1=Di Tella|first2=Sebastian|last2=Edwards|first3=Ernesto|last3=Schargrodsky|year=2010|isbn=978-0-226-15376-6|location=Chicago|pages=286|oclc=671812020|quote=While the data from some countries are consistent with the DL hypothesis (e.g. Canada, France, Italy), several countries' data show the opposite correlation (e.g. Denmark, Finland, Hungary, Poland). In other cases crime was falling before legalization and does not decline any more quickly (twenty years) after legalization (e.g. Japan, Norway).}}</ref><ref>{{cite journal|last1=Roeder|first1=Oliver K.|last2=Eisen|first2=Lauren-Brooke|last3=Bowling|first3=Julia|last4=Stiglitz|first4=Joseph E.|last5=Chettiar|first5=Inimai M.|date=2015|title=What Caused the Crime Decline?|url=http://www.ssrn.com/abstract=2566965|journal=SSRN Electronic Journal|doi=10.2139/ssrn.2566965|s2cid=155454092|issn=1556-5068|quote=Based on an analysis of the past findings, it is possible that some portion of the decline in 1990s could be attributed to the legalization of abortion. However, there is also robust research criticizing this theory.}}</ref><ref>{{cite book|title=Handbook on Crime and Deviance|year=2019|editor-first1=Marvin D.|editor-last1=Krohn |editor-first2=Nicole |editor-last2=Hendrix |editor-first3=Alan J.|editor-last3=Lizotte |editor-first4=Gina Penly |editor-last4=Hall |isbn=978-3-030-20779-3 |edition=2nd |location=Cham, Switzerland |publisher=Springer |oclc=1117640387}}</ref>

Since ''Roe'', there have been numerous attempts to reverse the decision.<ref>{{cite news|last=Sherman|first=Mark|date=May 17, 2021|url=https://apnews.com/article/supreme-court-abortion-15-week-ban-5d066a9dc0030a4f8297711f341c9f5a|title=Supreme Court to take up major abortion rights challenge|website=AP News|publisher=Associated Press|access-date=May 11, 2022}}</ref><ref>{{cite news|last1=De Vogue|first1=Ariane|last2=Kelly|first2=Caroline|date=May 17, 2021|url=https://www.cnn.com/2021/05/17/politics/supreme-court-abortion-mississippi/index.html |title=Supreme Court takes up major abortion case next term that could limit Roe v. Wade|publisher=CNN|access-date=May 11, 2022}}</ref> In the 2011 election season, Mississippi placed an amendment on the ballot that redefined how the state viewed abortion. The personhood amendment defined personhood as "every human being from the moment of fertilization, cloning or the functional equivalent thereof"; if passed, it would have been illegal to get an abortion in the state.<ref name="Mississippi and Personhood">{{cite web| url=http://www.huffingtonpost.com/2011/11/08/mississippi-personhood-amendment_n_1082546.html | website=The Huffington Post | title=Mississippi 'Personhood' Amendment Vote Fails | date=November 8, 2011}}</ref> On July 11, 2012, a Mississippi federal judge ordered an extension of his temporary order to allow the state's only abortion clinic to stay open. The order was to stay in place until U.S. District Judge [[Daniel Porter Jordan III]] could review newly drafted rules on how the Mississippi Department of Health would administer a new abortion law. The law in question came into effect on July 1, 2012.<ref>{{cite news|last=Phillips|first=Rich|date=July 11, 2012|url=https://edition.cnn.com/2012/07/11/us/mississippi-abortion-clinic-hearing/index.html|title=Judge lets Mississippi's only abortion clinic stay open – for now|publisher=CNN|access-date=May 10, 2022}}</ref>

Between 2008 and 2016, the Turnaway Study followed a group of 1,000 women, two of whom died after giving birth,<ref name="Lewis 2022">{{cite magazine|last=Lewis|first=Tanya|date=May 3, 2022|url=https://www.scientificamerican.com/article/overturning-roe-v-wade-could-have-devastating-health-and-financial-impacts-landmark-study-showed/|title=Overturning Roe v. Wade Could Have Devastating Health and Financial Impacts, Landmark Study Showed|magazine=Scientific American|access-date=May 7, 2022}}</ref> for five years after they sought an abortion,<ref name="Green Foster 2021">{{cite journal|last=Greene Foster|first=Diana|date=November 16, 2021|title=Yes, science can weigh in on abortion law|journal=Nature|volume=599|issue=7885|pages=349|doi=10.1038/d41586-021-03434-1|pmid=34785804|bibcode=2021Natur.599..349G|s2cid=244280010|doi-access=free}}</ref> and compared their health and socio-economic consequences of receiving an abortion or being denied one.<ref name="Green Foster 2021"/><ref>{{cite web|url=https://laterabortion.org/science-vs-myths-about-later-abortion-0|title=Science vs. myths about later abortion|website=Later Abortion Initiative|publisher=[[Ibis Reproductive Health]]|date=October 9, 2017|access-date=May 7, 2022|quote=The Turnaway Study compared over 800 individuals who received a wanted abortion to those who were denied a wanted abortion because their pregnancy exceeded the gestational age limit of the abortion clinic. In the short-term, those who were denied a wanted abortion were more likely to experience negative emotions than those who received a wanted abortion. At one week, 95% of people who obtained an abortion felt that having the abortion was the right decision, and at three years, over 99% felt that having the abortion had been the right decision for them. At five years, the researchers found no differences between individuals who received and those who were denied wanted abortions with respect to depression, anxiety, self-esteem, life satisfaction, post-traumatic stress disorder, or post-traumatic stress symptoms. Further, no increase in the use of alcohol or drugs was found following abortion. However, those who were denied abortions did experience other negative consequences related to mental health, including remaining in relationships marked by intimate partner violence. These data support the already existing body of evidence concluding that abortion does not harm mental health. In fact, for those obtaining a desired abortion, the emotion experienced by the majority was relief.}}</ref> The study found that those who were provided with abortion performed better, and those who were denied one suffered negative consequences.<ref name="ANSIRH 2021">{{cite web|url=https://www.ansirh.org/research/ongoing/turnaway-study|title=The Turnaway Study|website=ANSIRH|publisher=University of California, San Francisco|date=February 3, 2021|access-date=May 7, 2022}}</ref><ref>{{cite magazine|url=https://www.scientificamerican.com/article/abortion-rights-are-good-health-and-good-science/|title=Abortion Rights Are Good Health and Good Science|magazine=Scientific American|date=May 5, 2022|access-date=May 7, 2022}}</ref> ''[[Scientific American]]'' described it as landmark.<ref name="Lewis 2022"/> A follow-up Turnaway Study was confirmed to determinate the health and economic impact of ''Roe'' being overturned,<ref name="ANSIRH 2021"/><ref>{{cite web|url=https://www.ansirh.org/research/ongoing/health-and-economic-consequences-end-roe|title=Health and Economic Consequences of the End of Roe|website=ANSIRH|publisher=University of California, San Francisco|date=May 3, 2022|access-date=May 7, 2022}}</ref> which other scholars also analyzed.<ref name="Georgian 2022"/> According to a 2019 study, were ''Roe'' reversed and [[abortion bans]] implemented in states with [[trigger law]]s, including states considered highly likely to ban abortion, "increases in travel distance are estimated to prevent 93,546 to 143,561 women from accessing abortion care."<ref>{{cite journal|last1=Myers|first1=Caitlin|last2=Jones|first2=Rachel|last3=Upadhyay|first3=Ushma|date=July 31, 2019|title=Predicted changes in abortion access and incidence in a post-Roe world|journal=Contraception|volume=100|issue=5|pages=367–373|doi=10.1016/j.contraception.2019.07.139|pmid=31376381|issn=0010-7824|doi-access=free}}</ref>

For the ''[[Dobbs v. Jackson Women's Health Organization]]'' case,<ref>{{cite news|url=https://www.bbc.com/news/world-us-canada-61302740|title=Roe v. Wade: US Supreme Court may overturn abortion rights, leak suggests|publisher=BBC|date=May 3, 2022|access-date=May 10, 2022}}</ref> which confirmed the May 2022 leaks obtained by ''[[Politico]]'' and overruled ''Roe'' and ''[[Planned Parenthood v. Casey]]'' in June 2022,<ref>{{cite news|last=Priussman|first=Todd|date=May 3, 2022|url=https://www.bostonherald.com/2022/05/03/chief-justice-john-roberts-confirms-draft-of-ruling-to-overturn-roe/|title=Chief Justice John Roberts confirms draft of ruling to overturn Roe|newspaper=Boston Herald|access-date=May 10, 2022}}</ref><ref>{{cite news|last=Thomson-Deveaux|first=Amelia|date=June 24, 2022|url=https://fivethirtyeight.com/features/the-supreme-courts-argument-for-overturning-roe-v-wade/|title=The Supreme Court's Argument For Overturning Roe v. Wade|website=FiveThirtyEight|access-date=June 30, 2022}}</ref><ref>{{cite news|last=Thomson-Deveaux|first=Amelia|date=June 24, 2022|url=https://fivethirtyeight.com/features/roe-v-wade-defined-an-era-the-supreme-court-just-started-a-new-one/|title=Roe v. Wade Defined An Era. The Supreme Court Just Started A New One.|website=FiveThirtyEight|access-date=June 30, 2022}}</ref> among the over 130 ''[[amici curiae]]'' briefs, hundreds of scientists provided evidence, data, and studies, in particular the Turnaway Study, in favor of abortion rights and to rebuke arguments made to the Court that abortion "has no beneficial effect on women's lives and careers—and might even cause them harm".<ref>{{cite journal|last=Maxmen|first=Amy|date=October 26, 2021|title=Why hundreds of scientists are weighing in on a high-stakes US abortion case|journal=Nature|volume=599|issue=7884|pages=187–189|doi=10.1038/d41586-021-02834-7|pmid=34703018|bibcode=2021Natur.599..187M|s2cid=240000294|doi-access=free}}</ref> The [[American Historical Association]] (AHA) and the [[Organization of American Historians]] (OAH) were among those who signed an ''amici curiae'' brief for ''Dobbs'',<ref>{{cite web|url=https://www.historians.org/news-and-advocacy/aha-signs-amicus-curiae-brief-in-dobbs-v-jackson-womens-health-organization-(september-2021)|title=AHA Signs Amicus Curiae Brief in Dobbs v. Jackson Women's Health Organization (September 2021)|publisher=American Historical Association|date=September 2021|access-date=July 27, 2022}}</ref> and were cited, among others,<ref>{{cite web|url=https://www.historians.org/news-and-advocacy/amicus-curiae-brief-and-aha-oah-statement-on-dobbs-decision-featured-in-news-outlets-(july-2022)|title=Amicus Curiae Brief and AHA-OAH Statement on Dobbs Decision Featured in News Outlets (July 2022)|publisher=American Historical Association|date=July 2022|access-date=July 27, 2022}}</ref> by ''[[Reason (magazine)|Reason]]'',<ref name="Root 2022">{{cite news|last=Root|first=Damon|date=June 23, 2022|url=https://reason.com/2022/06/23/unenumerated-rights-and-roe-v-wade/|title=Alito's Leaked Abortion Opinion Misunderstands Unenumerated Rights|work=Reason|access-date=July 27, 2022}}</ref> ''Syracuse University News'',<ref name="Syracuse University News 2022">{{cite web|url=https://news.syr.edu/blog/2022/07/13/maxwell-faculty-experts-discuss-future-implications-and-historical-context-of-dobbs-v-jackson-ruling/|title=Maxwell Faculty Experts Discuss Future Implications and Historical Context of Dobbs v. Jackson Ruling|website=Syracuse University News|date=July 13, 2022|access-date=July 27, 2022}}</ref> and ''[[The Washington Post]]''.<ref name="Cohen 2022"/> AHA and OAH jointly issued a statement against the Supreme Court's decision, which was reported by ''[[Anchorage Daily News]]'',<ref>{{cite news|last=Haycox|first=Steven|date=July 15, 2022|url=https://www.adn.com/opinions/2022/07/15/opinion-what-we-lose-when-we-ignore-historical-context/|title=What we lose when we ignore historical context|work=Anchorage Daily News|access-date=July 27, 2022}}</ref> ''[[Inside Higher Ed]]'',<ref>{{cite news|last=Jashcik|first=Scott|date=July 12, 2022|url=https://www.insidehighered.com/quicktakes/2022/07/12/history-groups-issue-statement-criticizing-abortion-ruling|title=History Groups Issue Statement Criticizing Abortion Ruling|work=Inside Higher Ed|access-date=July 27, 2022}}</ref> ''Insight Into Diversity'',<ref>{{cite magazine|url=https://www.insightintodiversity.com/history-organizations-lambaste-supreme-court-over-dobbs-decision/|title=History Organizations Lambaste Supreme Court Over Dobbs Decision|magazine=Insight Into Diversity|date=July 12, 2022|access-date=July 27, 2022}}</ref> and the ''Strict Scrutiny'' podcast from [[Crooked Media]],<ref>{{cite web|url=https://crooked.com/podcast/break-glass-in-case-of-emergency/|title=Break Glass in Case of Emergency|publisher=Crooked Media|date=July 11, 2022|access-date=July 27, 2022}}</ref> saying they have "declined to take seriously the historical claims of our [amicus curiae] brief". Joined by at least 30 other academic and scholarly institutions, they condemned "the court's misinterpretation about the history of legalized abortion" and said it has "the potential to exacerbate historic injustices and deepen inequalities in our country".<ref>{{cite web|url=https://www.historians.org/news-and-advocacy/aha-advocacy/history-the-supreme-court-and-dobbs-v-jackson-joint-statement-from-the-aha-and-the-oah-(july-2022)|title=History, the Supreme Court, and Dobbs v. Jackson: Joint Statement from the AHA and the OAH (July 2022)|publisher=American Historical Association|date=July 2022|access-date=July 27, 2022}}</ref>

===Travel to Mexico===
[[File:Gestational limits for elective abortion in Mexico.svg|thumb|alt=State map of Mexico. Most states are grey: technically illegal but effectively legal, as the state law is not prosecuted. As of 2022, 9 states have legalized abortion; this includes Coahuila, which borders Texas.|Availability of abortion in Mexican states.
{{legend|#e0e0e0|Illegal but providers are not prosecuted}}
{{legend|#ca1f7b|Legal during first 12 weeks LMP}}
]]
{{further|Abortion in Mexico}}
In the wake of state abortion bans and restrictions in the United States, Americans have started traveling to Mexico for abortions, and Mexico has expressed a willingness to help.<ref>{{cite news|last=Weiss|first=Elias|date=June 28, 2022|url=https://www.phoenixnewtimes.com/news/arizona-democrat-supports-arizona-women-seeking-abortions-in-mexico-13921451|title=Arizona Women Eye Mexico for Abortions, Amid Conflicting Advice|work=Phoenix New Times|access-date=July 26, 2022|archive-date=July 12, 2022|archive-url=https://web.archive.org/web/20220712192225/https://www.phoenixnewtimes.com/news/arizona-democrat-supports-arizona-women-seeking-abortions-in-mexico-13921451|url-status=live}}</ref><ref>{{cite news|last1=Linares|first1=Albinson|last2=Telemundo|first2=Noticias Telemundo|last3=Gutiérrez|first3=Maricruz|date=July 1, 2022|url=https://www.nbcnews.com/news/latino/mexican-groups-slam-us-abortion-restrictions-help-american-women-rcna36303|title='We're here': Mexican groups slam U.S. abortion restrictions as they help more American women|work=NBC News|access-date=July 26, 2022|archive-date=July 26, 2022|archive-url=https://web.archive.org/web/20220726203130/https://www.nbcnews.com/news/latino/mexican-groups-slam-us-abortion-restrictions-help-american-women-rcna36303|url-status=live}}</ref>

Due to a unanimous 2021 [[Supreme Court of Mexico|Supreme Court of Justice of the Nation]] decision that penalties for abortion violate women's rights,<ref name=Taladrid_article /> abortion-providers are not prosecuted even in states where abortion remains illegal under state law; there are also legal exemptions for rape and medical reasons, and a police report is not required for a rape exemption. Providers openly treat American travelers in several states where abortion remains technically illegal, such as [[Nuevo Leon]], which neighbors Texas. Following the Supreme Court ruling, abortion is being gradually legalized at the state level, and as of 2025 is legal during the first trimester (before the 13th week after implantation) in twenty states and Mexico City.<ref>{{Cite news |last=Flores |first=Silvana |date=2023-08-31 |title=Abortion is now decriminalized in 12 Mexican states |work=NBC News |agency=Reuters |url=https://www.nbcnews.com/news/latino/abortion-now-decriminalized-12-mexican-states-rcna102864 |access-date=2023-08-31 |archive-date=September 4, 2023 |archive-url=https://web.archive.org/web/20230904184409/https://www.nbcnews.com/news/latino/abortion-now-decriminalized-12-mexican-states-rcna102864 |url-status=live }}</ref><ref>{{cite web|url=https://gire.org.mx/wp-content/uploads/2021/09/cap1.pdf|title=Aborto legal y seguro|publisher=GIRE|language=es|date=September 2021|page=19|access-date=July 26, 2022|archive-date=November 18, 2022|archive-url=https://web.archive.org/web/20221118055932/https://gire.org.mx/wp-content/uploads/2021/09/cap1.pdf|url-status=live}}</ref>

==Unintended live birth==
Although it is uncommon,<ref>{{cite journal|last1=Wyldes|title=Termination of pregnancy for fetal anomaly: a population-based study 1995 to 2004.|journal=BJOG: An International Journal of Obstetrics & Gynaecology|date=May 2007|volume=114|issue=5|pages=639–642|doi=10.1111/j.1471-0528.2007.01279.x|pmid=17355269|s2cid=9966493|doi-access=free}}</ref><ref>{{cite journal|last1=Hollander|first1=D.|title=For Second-Trimester Abortion, Women Given Misoprostol Vaginally Report the Greatest Satisfaction|quote=... Additionally, a significantly higher proportion of women in the vaginal misoprostol group, and a marginally higher proportion of those in the oral misoprostol group, than of those in the intra-amniotic prostaglandin group had a live birth (20%, 15% and 5%, respectively) ... .|journal=Perspectives on Sexual and Reproductive Health|date=May 2004|volume=36|issue=3|page=133|url=https://www.guttmacher.org/pubs/journals/3613304a.html|access-date=October 26, 2015|doi=10.1111/j.1931-2393.2004.tb00203.x}}</ref><ref>{{cite report|title=Termination of Pregnancy for Fetal Abnormality|publisher=Royal College of Obstetricians and Gynaecologists|quote=Live birth following medical termination of pregnancy before 21+6 weeks of gestation is very uncommon. Nevertheless, women and their partners should be counselled about this unlikely possibility and staff should be trained to deal with this eventuality. Instances of recorded live birth and survival increase as gestation at birth extends from 22 weeks. In accordance with prior RCOG guidance, feticide should be routinely offered from 21+6 weeks of gestation. Where the fetal abnormality is not compatible with survival, termination of pregnancy without prior feticide may be preferred by some women. In such cases, delivery management should be discussed and planned with the parents and all health professionals involved and a written care plan agreed before termination takes place. Where the fetal abnormality is not lethal and termination of pregnancy is being undertaken after 22 weeks of gestation, failure to perform feticide could result in live birth and survival, an outcome that contradicts the intention of the abortion. In such situations, the child should receive the neonatal support and intensive care that is in the child's best interest and its condition managed within published guidance for neonatal practice.|date=May 2010|page=30|url=https://www.rcog.org.uk/globalassets/documents/guidelines/terminationpregnancyreport18may2010.pdf|access-date=October 26, 2015}}</ref> women sometimes give birth in spite of an attempted abortion.<ref>{{cite news|last1=Jeffries|first1=Liz|title=Abortion|url=http://www.gpo.gov/fdsys/pkg/GPO-CHRG-OCONNOR/pdf/GPO-CHRG-OCONNOR-5-5.pdf|access-date=October 26, 2015|work=The Philadelphia Inquirer|date=August 2, 1981|archive-url=https://web.archive.org/web/20151223032410/https://www.gpo.gov/fdsys/pkg/GPO-CHRG-OCONNOR/pdf/GPO-CHRG-OCONNOR-5-5.pdf|archive-date=December 23, 2015|url-status=live}}</ref><ref>{{cite web|last=Nelson|first=Miranda|date=January 31, 2013|url=https://www.straight.com/blogra/348316/three-conservative-mps-beg-rcmp-examine-late-term-abortions-homicides|title=Three Conservative MPs beg RCMP to examine late-term abortions as homicides|website=Straight.com|access-date=May 11, 2022}} For the letter, see {{cite web|last1=Vellacott|first1=Maurice|title=Letter to RCMP Commissioner Rob Paulson|url=http://s3.documentcloud.org/documents/563648/jan-23-letter-to-rcmp-request-to-investigate.pdf|website=Straight.com|access-date=October 26, 2015|archive-url=https://web.archive.org/web/20130502120650/http://s3.documentcloud.org/documents/563648/jan-23-letter-to-rcmp-request-to-investigate.pdf|archive-date=May 2, 2013|format=Letter|date=January 23, 2013}}</ref><ref name="x240">{{cite web | last=Hopper | first=Tristin | title=Live-birth abortions a grey zone in Canada's criminal code | website=National Post | date=2013-02-02 | url=https://nationalpost.com/news/canada/born-alive-dead-in-moments-grey-zone-of-live-birth-abortions-a-deep-divide-between-mps-and-physicians | access-date=2024-07-15}}</ref> Reporting of live birth after attempted abortion may not be consistent from state to state, but 38 were recorded in one study in upstate New York in the two-and-a-half years before ''Roe v. Wade''.<ref>{{cite journal|last1=Stroh|first1=G.|title=Reported live births following induced abortion: two and one-half years' experience in Upstate New York.|journal=American Journal of Obstetrics and Gynecology|date=September 1, 1976|volume=126|issue=1|pages=83–90|pmid=961751|doi=10.1016/0002-9378(76)90469-5}}</ref> Under the [[Born-Alive Infants Protection Act]] of 2002,<ref>{{cite web|url=http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_reports&docid=f:hr186.107|title=House Report 107-186 – Born-Alive Infants Protection Act of 2001|publisher=U.S. Government Publishing Office|date=2001|access-date=January 25, 2017}}</ref><ref>{{cite news|last1=Pear|first1=Robert|title=New Attention for 2002 Law on Survivors of Abortion|url=https://www.nytimes.com/2005/04/23/politics/new-attention-for-2002-law-on-survivors-of-abortions.html|access-date=October 26, 2015|work=The New York Times|date=April 23, 2005}}</ref> medical staff must report live birth if they observe any breathing, heartbeat, umbilical cord pulsation, or confirmed voluntary muscle movement, regardless of whether the born-alive is non-viable ''ex utero'' in the long term because of birth defects, and regardless of gestational age, including gestational ages which are too early for long-term viability ''ex utero''.<ref>{{cite journal|last1=Jansen|first1=Robert|title=Unfinished Feticide|journal=Journal of Medical Ethics|date=1990|volume=16|issue=2|pages=61–65|doi=10.1136/jme.16.2.61|pmid=2195170|pmc=1375929}}</ref><ref>{{cite journal|title=Clinical Guidelines: Induction of fetal demise before abortion|journal=Contraception|date=January 2010|doi=10.1016/j.contraception.2010.01.018|pmid=20472112|url=http://www.societyfp.org/_documents/resources/InductionofFetalDemise.pdf|access-date=October 26, 2015|volume=81|issue=6|pages=462–473|last1=Diedrich|first1=J.|last2=Drey|first2=E.|s2cid=12555553 }}</ref><ref>{{cite journal|last1=Sfakianaki|first1=Anna K.|title=Potassium Chloride-Induced Fetal Demise: A Retrospective Cohort Study of Efficacy and Safety|journal=Journal of Ultrasound in Medicine|date=February 1, 2014|volume=33|issue=2|pages=337–341|doi=10.7863/ultra.33.2.337|pmid=24449738|s2cid=6060208|url=http://www.jultrasoundmed.org/content/33/2/337.long|access-date=October 26, 2015|archive-url=https://web.archive.org/web/20151028182952/http://www.jultrasoundmed.org/content/33/2/337.long|archive-date=October 28, 2015}}</ref>

==See also==
{{Portal|United States}}
* [[Abortion law]]
* [[Abortion law in the United States by state]]
* [[Abortion and the Catholic Church in the United States]]
* [[Anti-abortion violence in the United States]]
* [[Feminism in the United States]]
* [[Heartbeat bill]] 
* [[Religion and abortion]]
* [[Reproductive rights]]
* [[Types of abortion restrictions in the United States]]
* [[Waiting period]]
* [[War on women]]

==Notes==
{{Notelist}}
{{reflist|group=nb}}

==References==
{{reflist}}

==Further reading==
*{{cite book |first=Leslie J. |last=Reagan |title=When Abortion Was a Crime: Women, Medicine, and Law in the United States, 1867–1973 |location=Berkeley |publisher=University of California Press |year=1997 |isbn=0-520-08848-4 |url=https://archive.org/details/whenabortionwasc00reag }}
*{{cite book |first=Debran |last=Rowland |title=The Boundaries of Her Body: The Troubling History of Women's Rights in America |location=Naperville, Ill. |publisher=Sphinx Publishing |year=2004 |isbn=1-57248-368-7 |url=https://archive.org/details/boundariesofherb00rowl }}
*{{cite web |first=Jon O. |last=Shimabukuro |url=https://fas.org/sgp/crs/misc/RL33467.pdf |title=Abortion: Judicial History and Legislative Response |location=Washington, D.C. |publisher=Congressional Research Service |date=December 7, 2018 }}
*{{cite book |first=Karen |last=Weingarten |title=Abortion in the American Imagination: Before Life and Choice, 1880–1940 |location=New Brunswick, NJ |publisher=Rutgers University Press |year=2014 |isbn=978-0-8135-6530-9 }}
*Cohen, David S., Donley, Greer, and Rebouché, Rachel (2023). "Abortion Pills". [[Stanford Law Review]] 76 (forthcoming 2024), University of Pittsburgh Legal Studies Research Paper No. 2023-12, [https://ssrn.com/abstract=4335735 SSRN 4335735].
*{{cite journal |first=Greer |last=Donley |title=Medication Abortion Exceptionalism |journal=[[Cornell Law Review]] |volume=107 |issue=3 |year=2022 |pages=627–704 |ssrn=3795414 }}
*{{cite journal |first=Rachel |last=Rebouché |title=Remote Reproductive Rights |journal=[[American Journal of Law & Medicine]] |volume=48 |issue=2–3 |year=2022 |pages=244–255 |doi=10.1017/amj.2022.29 |pmid=36715252 |s2cid=256359216 }}
*{{cite journal |first1=Patricia J. |last1=Zettler |first2=Annamarie |last2=Beckmeyer |first3=Beatrice L. |last3=Brown |first4=Ameet |last4=Sarpatwari |display-authors=1 |title=Mifepristone, preemption, and public health federalism |journal=Journal of Law and the Biosciences |volume=9 |issue=2 |year=2022 |at=lsac037 |doi=10.1093/jlb/lsac037 |pmid=36568649 |pmc=9774452 }}

==External links==
{{Wikiquote}}
{{Commons category}}
* [https://www.thecut.com/article/future-abortion-access-map.html The Future of Abortions in America: An access map.] (''New York Magazine'', 2022)
* [https://www.thecut.com/abortion-clinic-near-you Find an Abortion Clinic] (''New York Magazine'', 2022)
* [https://www.thecut.com/article/find-abortion-pill-what-to-expect.html A Primer on Where to Find the Abortion Pill] (''New York Magazine'', 2022)
* [https://abortionfunds.org/ National Network of Abortion Funds] 
* [https://aidaccess.org/en/ Abortion pill access]
* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=410&invol=113 Full text of ''Roe v. Wade'' decision]
* [https://crsreports.congress.gov/product/pdf/RL/RL33467 Abortion: Judicial History and Legislative Response] by Jon O. Shimabukuro, ''Congressional Research Service'', February 25, 2022
* [http://www.lawserver.com/abortion Interactive maps comparing U.S. abortion restrictions by state]
* [http://www.numberofabortions.com/ Number of Abortions – Abortion Counters]
* [https://www.npr.org/sections/health-shots/2017/10/03/555166033/for-many-women-the-nearest-abortion-clinic-is-hundreds-of-miles-away For Many Women, The Nearest Abortion Provider Is Hundreds Of Miles Away] (2017) – includes map showing distance to nearest abortion clinic

{{abortion}}
{{abortion in North America}}
{{abortion by US state|state=collapsed}}
{{social issues in the United States}}
{{Social Policy in the United States|state=autocollapse}}
{{United States topics}}
{{women's rights in the United States}}

{{DEFAULTSORT:Abortion In The United States}}
[[Category:Abortion in the United States| ]]
[[Category:Human rights in the United States]]
[[Category:Law of the United States]]
[[Category:Reproductive rights in the United States]]
[[Category:Human reproduction in the United States]]