Abortion Laws

Overview of the History of the Abortion Law in America

Abortion is now legal in the United States, but it has not always been so. The American Medical Association did not support this, but only with the exception that the mother's life is at risk. Back in 1859, it was not legal to perform an abortion.

But in 1967, Colorado passed a state law stating that a pregnant mother due to rape can have an abortion. In addition, those who were victims of incest also qualified.

By 1970, there was a total of 14 states that supported abortions within specific conditions. It was in 1973 that a controversial case, Roe v. Wade, made it possible for a woman to have the right to get an abortion.

Roe v. Wade

This case was highly controversial. It set the motion for states to pass laws approving abortion. The case occurred in 1971 and ended in 1973. In this case, the court ruled that a woman has the right to privacy and that she is the only person who could make a decision for her body.

The prerequisite is that the child must not be viable, or must not be able to survive yet outside the womb. The case involved one Norma L. McCorvey who was seeking an abortion despite the fact that the baby was not borne out of incest or rape. She filed a case against the State of Texas, and this case reached the Supreme Court.

Planned Parenthood v. Casey

In 1992, the Supreme Court received a case that was brought by an organization called Planned Parenthood. The case was filed against Robert P. Casey. The case was challenging five court orders in relation to the Roe V. Wade as a law. The case was challenging how long the waiting period should be, if there is a need for parental consent, and the requirement to notify the spouse.

The case was the first in US History that could have overturned the decision about the Wade law. The Supreme Court upheld the decision. But because of this, the Supreme Court also lowered the standards governing the restrictions in relation to abortions. As a result, it was now easier to create new laws that will prevent abortion from happening.

Partial Birth Abortion Laws

In all 50 states, partial abortion is illegal. Partial abortion is a process where pregnant women between 18 and 26 weeks get an abortion. In 2003, partial abortion was completely made illegal.

State Law Abortion Resources