Abortion laws in the 50 states

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Abortion lawsin the 50 states - public opinion
about abortion- history of U.S. abortion laws-
Roe v. Wade and key cases - Ex. Parental Consent
laws
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• Why is this policy area important?
• Supreme Court nominees (Stevens?)
• A trademark culture war moral and ethical
  issue in polarized political time
• Constitutional issues
• privacy / individual rights of women vs.
• individual right to life of a developing fetus?

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• Public Opinion on Abortion
• Abortion should be?
• broadly available (35)
• available, but more limits than now (23)
• illegal except rape/incest/mothers life (31)
• never permitted (10)
• Abortion is
• Not a moral/ethical issue (26)
• Sometimes immoral (41)
• Nearly always immoral(30)

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Public Opinion on Abortion It would be good to
reduce the of abortions in the United
States No (33) Yes (60) Religion and
abortion in America Evangelical
Protestants Mainline Protestants Catholics
divided! Secular views
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• History of Abortion in the U.S.
• Pre-1820 Abortion is legal until quickening
  4-5 mo.
• 1820-1960 Most states increased
• their limits on abortion
• 1960s CA/NY/HI others repeal most limits on
  abortion!
• By 1973 Patchwork of state laws

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• Myths about Abortion
• (1) Why do you think most women decide to
  have an abortion?
• (2) At what gestational age are most
  abortions performed?
• HANDOUTS
• Both pro-choice and pro-life activists spread
  misinformation on key issues

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• Roe v. Wade (1973)
• TX law prohibits abortion, except
• to save the life of the mother
• 1960s Warren court more liberal
• Griswold (1965) Sup. Court strikes CT law
  banning contraceptives violates privacy
• 9th Amendment listing of Constitutional rights
  shall not be interpreted to deny others still
  retained by the people
• 14th Amendment the liberty clause

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• Ruling Roes trimester framework
• 1st a right between women and doctor
• 2nd only allow state limit on abortion if the
• law meant to protect mothers health
• 3rd states can limit abortion as long as
  the life/health of mother is not in danger
• From 1st trimester to viability, leans toward
  womans rights BUT from viability onward, a
  state interest in protecting potential life
• 2 dissenting justices let the states sort out
  their own laws question right to privacy!

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• Other Key Supreme Court Cases
• Webster (1989) states can choose to use taxpayer
  to fund abortions for poor women, but do NOT
  have to
• Casey (1992) modest limits on abortion OK
  (informed consent and 24-hr. waiting period,
  parental consent IF a judicial bypass). But
  spousal notification is struck down.
• Casey modifies Roe (1) Viability is earlier
  about 5 months instead of strict trimester
  idea it is the point when life of the fetus
  outweighs the right to abortion. (2)
  Pre-viability, states can not put undue burden on
  womans right to abortion. After viability fetal
  life can be protected by law, as long as
  life/health exceptions

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• Recent Supreme Court Cases
• Partial Birth Abortionsintact dilation
  extraction
• (2000) By vote of 5-4 Nebraska law banning
  partial birth abortion, because it has no
  exception for the mothers health
  (phys./psych./emotional), is UNconstitutional
• (2007) By vote of 5-4, federal Partial Birth
  Abortion Ban Act, although it does not make an
  exception for maternal health, does not pose
  undue burden to womenand the state has an
  interest in protecting fetal life.
• Congress received testimony although
  conflicting that the specific partial-birth
  procedure is never necessary to protect maternal
  healththe controversy remains!

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• If Roe is ever overturned
• each state legislature will decide what
  specific regulations are for abortion
• Abortion on demand NY full access, no
  questions, no counseling or mandated wait.
• ?
• everything in-between
• ?
• Emergency abortions only! SD exception only
  if imminent threat to mothers life/health

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Parental Notification/Consent (popular)
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• Any Common Ground ?