1: A Brief History of American Abortion Practices and Attitudes

Research Links and Sources 1910: Abortion is illegal in all states except in a case to save the life of the patient. 1959: ALI proposes the model law for state abortion laws - advocating for abortion legalization for reasons like physical and mental health of the mother, fetal defect, and rape/incest. 1967: Colorado gov. John Love signs the first ALI model law. Similar laws pass in CA, OR, and NC. 1970: NY legalizes abortion up to 24 weeks, repealing a previous 1830 law that banned abortion after the quickening. Similar laws are passed in HI, AK, and WA. 1971: US Supreme Court rules in US v. Vuitch, upholding a D.C. only allowing abortion to save a woman’s life/health (including psychiatric reasons). 1972: 13 states have passed laws based on the ALI model by the end of this year. 4 allow abortion on demand. Mississippi allows it in cases of rape and incest (1966), alabama allows it for the mother’s physical health (1954) 1973: Roe v. Wade, the right to privacy encompasses the right to abortion. A trimester model is adopted. No state intervention in the first, 2nd some state regulation can be enacted only to protect health of the carrying parent, 3rd after viability, a state could essentially forbid abortion provided there are still exceptions to preserve the life and health of the mother. The Bolton case establishes a legal definition of ‘health’ which includes physical, emotional, psychological, familial, and age.  1977:  In Maher v. Roe, Beal v. Doe, and Poelker v. Doe, the US Supreme Court holds that federal and state governments have no obligation to fund abortion through public assistance programs. 1980: In Harris v. McRae, the US supreme court upholds the Hyde Amendment, sponsored by Republican Illinois rep. Henry Hyde. Women have no constitutional right to have an abortion on public expense. (IHS, Medicaid) 1981: In H.L. v. Matheson, the US supreme court approves a Utah law requiring parental notification by a doctor should their minor child living as a dependent on the parents seek an abortion and have it scheduled.  1982: The senate judiciary committee approves the Hatch Amendment which gives states and congress joint regulatory authority over abortion. 1983: In Akron v. Akron Center for Reproductive Health, the US supreme court strikes the state requirement that abortions after the first trimester be performed in a hospital, women’s right to know laws, and waiting periods after receiving abortion info before being able to consent to having an abortion. Court also ruled that states insist only licensed doctors perform abortions. 1986: In Thornburgh v. American College of Obstetricians and Gynecologists, the US supreme court strikes down state laws mandating a doctor to use the most likely method that would allow the child to be born alive in post-viability abortions. 1988: US district court of NY upholds the constitutionality of Reagan administration regulations forbidding DoD abortion funding. 1989: In Webster v. Reproductive Health Services, US supreme court upholds portions of a Missouri law, finding that the constitution doesn’t require the government to make public facilities (ex: hospitals) available for use to perform abortions. 1990:  In Ohio v. Akron Center for Reproductive Health, US supreme court upholds a one parent notification requirement w a judicial bypass procedure. They also rule in Hodgson v. Minnesota that a two parent notification law w a judicial bypass is constitutional. 1991: In Rust v. Sullivan, The US supreme court upholds a George H.W. Bush era regulation prohibiting routine counseling and referral for abortion in 4,000 clinics that receive federal Title X family planning funds.  1992: In Planned Parenthood v. Casey, the US supreme court upholds the core tenets of Roe v. Wade, but modifies it by discarding the trimester structure, keeping certain abortion restrictions, and adding the “undue burden” test of abortion laws, requiring opponents of an abortion regulation be able to prove that the regulation would place an undue burden on a woman’s right to an abortion for it to be unconstitutional. 1994: In Madsen v. Women’s Center Inc. the US Supreme court rules judges may create buffer zones to keep anti abortion protesters away from clinics offering abortion services. 1997: US supreme court upholds a Montana law that requires abortions be performed by physicians only - not their assistants. 2007: The US supreme court rules in Gonzales v. Carhart, and Gonzales v. Planned Parenthood Federation of America, that the Partial-Birth Abortion Act of 2003 (signed by Bush) be upheld. The act prohibits doctors from knowingly performing a “partial birth abortion”.  The term is not used within the medical field, it was coined by The National Right to Life Committee (NRLC) in 1995. As noted by member Douglas Johnson, “[the term was thought up] [in hopes that] As the public learns what a ‘partial-birth’ abortion is, they might also learn something about other abortion methods, and that this would foster growing opposition to abortion.” It refers to an abortive technique known as dilation and extraction 2016: In Whole Woman’s Health v. Hellerstedt, the US supreme court rules two Texas abortion restriction laws unconstitutional because the restrictions would’ve shut down most abortion providers and create undue burden.  2020: In June Medical Services v. Russo, the US supreme court strikes a law that was near identical to the whole woman case that would’ve made abortion virtually impossible in Louisiana.  2021: Texas passes a law banning abortion at around 6 weeks of gestation, a time before many even know that they’re pregnant.