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Supreme Court: Where would abortions be illegal in the US? Who gets abortions in the US and what could change?
(about 13 hours later)
The US Supreme Court could be about to open the door for individual states to ban or severely restrict the ability for pregnant women to get abortions.The US Supreme Court could be about to open the door for individual states to ban or severely restrict the ability for pregnant women to get abortions.
In 1973, the court had ruled in Roe v Wade that pregnant people were entitled to an abortion during the first three months of their pregnancy, while allowing for legal restrictions and bans in the second and third trimester.In 1973, the court had ruled in Roe v Wade that pregnant people were entitled to an abortion during the first three months of their pregnancy, while allowing for legal restrictions and bans in the second and third trimester.
But a leaked draft of their forthcoming ruling suggests the court is poised to overturn that earlier ruling, effectively making it possible for states to ban abortions earlier than 12 weeks. The decision is expected sometime later this month.But a leaked draft of their forthcoming ruling suggests the court is poised to overturn that earlier ruling, effectively making it possible for states to ban abortions earlier than 12 weeks. The decision is expected sometime later this month.
If that happens, abortion would not automatically become illegal in the US - rather, it would allow individual states to decide if and how to allow abortions. Many states have passed "trigger laws" that come into effect upon Roe v Wade being overturned. Others have left old laws on the books that banned abortion prior to 1973 - if Roe v Wade is overturned, they could go back into force. If that happens, abortion would not automatically become illegal in the US - rather, it would allow individual states to decide if and how to allow abortions.
Over the past decade, several states have also tried to pass laws making abortion illegal, except in a few circumstances such as if the pregnant woman's life is at risk. Some of those laws were struck down by lower courts, as they appeared to violate Roe v Wade. If Roe v Wade is overturned, they will likely come back into force. So what is the profile of the women who have had abortion in the US?
Recently, Texas and Oklahoma tried to bypass Roe v Wade entirely by going around the criminal justice system and allowing private citizens to sue people who help in getting abortions. In those states, abortion is currently illegal for most cases. Who will be most affected?
Who gets abortions in the US? Some 40 million women of child-bearing age will live in states where abortion will become more difficult to access, according to the Guttmacher Institute, a research organisation that supports abortion rights.
The Guttmacher Institute, which supports abortion rights, estimates that some 40 million women of child-bearing age will live in states where abortion will become more difficult to access.
About 630,000 abortions were performed in the US in 2019, according to the US Center for Disease Control (CDC), although Guttmacher's own research indicates it may be closer to 860,000.About 630,000 abortions were performed in the US in 2019, according to the US Center for Disease Control (CDC), although Guttmacher's own research indicates it may be closer to 860,000.
The CDC says that the vast majority of abortions, 92.8%, are performed during the first trimester. Most people who get abortions are unmarried, although they may be living with a partner at the time. About one in 10 women who get an abortion are teenagers, with most being in their 20s. About 60% of people who get abortions have also given birth before, and nearly 60% had never had an abortion before.The CDC says that the vast majority of abortions, 92.8%, are performed during the first trimester. Most people who get abortions are unmarried, although they may be living with a partner at the time. About one in 10 women who get an abortion are teenagers, with most being in their 20s. About 60% of people who get abortions have also given birth before, and nearly 60% had never had an abortion before.
What kind of restrictions will come into place?What kind of restrictions will come into place?
If abortion access is left up to individual states, who can get an abortion, and how, will vary widely across the country. Some states have moved to increase abortion protections, enshrining the right to an abortion in state laws. Many states have passed "trigger laws" that come into effect upon Roe v Wade being overturned. Others have left old laws on the books that banned abortion prior to 1973 - if Roe v Wade is overturned, they could go back into force.
But about 26 states are making moves to limit access, according to Guttmacher. Some states intend to ban abortion from the moment of conception, while others are introducing bans at six or more weeks. Over the past decade, several states have also tried to pass laws making abortion illegal, except in a few circumstances such as if the pregnant woman's life is at risk. Some of those laws were struck down by lower courts, as they appeared to violate Roe v Wade. If Roe v Wade is overturned, they will likely come back into force.
In total more than 20 states are making moves to limit access to abortion, according to Guttmacher. Some states intend to ban abortion from the moment of conception, while others are introducing bans at six or more weeks.
All states allow abortion to save the life of the mother, while some will also allow exceptions to their ban for cases of rape or incest.All states allow abortion to save the life of the mother, while some will also allow exceptions to their ban for cases of rape or incest.
Most states have said they will not prosecute women for trying to end their pregnancy, reserving criminal penalties for abortion providers and others who try and help people get abortions. Most have said they will not prosecute women for trying to end their pregnancy, reserving criminal penalties for abortion providers and others who try and help people get abortions.
Here's a look at what could happen in certain states if Roe v Wade is overturned. Here's a look at what could happen in those states if Roe v Wade is overturned.
State-specific statistics in the table above are from 2017, the most recent date for which data is available from Guttmacher Institute.State-specific statistics in the table above are from 2017, the most recent date for which data is available from Guttmacher Institute.
The map at the top of the page showing states expected to be among the first to restrict abortion includes only those in which laws will either automatically come into force or which require no more than a signature from the state governor or attorney general certifying that the Supreme Court has overturned Roe v Wade. States with abortion laws which have been blocked by the courts and therefore require legal action to appeal or dismiss them are not shown, these include Georgia, Michigan, Ohio, South Carolina and West Virginia. The map showing states expected to be among the first to restrict abortion includes only those in which laws will either automatically come into force or which require no more than a signature from the state governor or attorney general certifying that the Supreme Court has overturned Roe v Wade. States with abortion laws which have been blocked by the courts and therefore require legal action to appeal or dismiss them are not shown, these include Georgia, Michigan, Ohio, South Carolina and West Virginia.
The Guttmacher Institute's 2014 Abortion Patient Survey still provides the most recent national overview on the social and economic background of those having abortions in the US. However, changes in the US economy and access to abortion over the last eight years means the picture could have changed.The Guttmacher Institute's 2014 Abortion Patient Survey still provides the most recent national overview on the social and economic background of those having abortions in the US. However, changes in the US economy and access to abortion over the last eight years means the picture could have changed.