Abortion and the States

From a recent report by the Guttmacher Institute:

Since the Supreme Court handed down its 1973 decisions in Roe v. Wade and Doe v. Bolton, states have constructed a lattice work of abortion law, codifying, regulating and limiting whether, when and under what circumstances a woman may obtain an abortion. The following highlights the major provisions of these state laws.
  • Physician and Hospital Requirements: 38 states require an abortion to be performed by a licensed physician. 19 states require an abortion to be performed in a hospital after a specified point in the pregnancy, and 18 states require the involvement of a second physician after a specified point.
  • Gestational Limits: 36 states prohibit abortions, generally except when necessary to protect the woman’s life or health, after a specified point in pregnancy, most often fetal viability.
  • “Partial-Birth” Abortion: 14 states have laws in effect that prohibit “partial-birth” abortion. 4 of these laws apply only to postviability abortions.
  • Public Funding: 17 states use their own funds to pay for all or most medically necessary abortions for Medicaid enrollees in the state. 32 states and the District of Columbia prohibit the use of state funds except in those cases when federal funds are available: where the woman’s life is in danger or the pregnancy is the result of rape or incest. In defiance of federal requirements, South Dakota limits funding to cases of life endangerment only.
  • Coverage by Private Insurance: 4 states restrict coverage of abortion in private insurance plans to cases in which the woman’s life would be endangered if the pregnancy were carried to term. Additional abortion coverage is permitted only if the woman purchases it at her own expense.
  • Refusal: 46 states allow individual health care providers to refuse to participate in an abortion. 43 states allow institutions to refuse to perform abortions, 16 of which limit refusal to private or religious institutions.
  • State-Mandated Counseling: 17 states mandate that women be given counseling before an abortion that includes information on at least one of the following: the purported link between abortion and breast cancer (6 states), the ability of a fetus to feel pain (8 states), long-term mental health consequences for the woman (7 states) or information on the availability of ultrasound (6 states).
  • Waiting Periods: 24 states require a woman seeking an abortion to wait a specified period of time, usually 24 hours, between when she receives counseling and the procedure is performed. 6 of these states have laws that effectively require the woman make two separate trips to the clinic to obtain the procedure.
  • Parental Involvement: 35 states require some type of parental involvement in a minor’s decision to have an abortion. 22 states require one or both parents to consent to the procedure, while 11 require that one or both parents be notified and 2 states require both parental consent and notification.
You can check out a state-by-state breakdown of these here.

I have to say that I was surprised at the diversity of the abortion related legislation.. especially the first two bullet points.. also interesting how insurance limitations are involved. Any of these laws surprise you?

I do wonder though.. if Roe v. Wade were overturned by the Supreme Court.. how many states would outlaw all abortions and what the penalties would be for those participating in abortions?


  1. I'm sure a number of states would try to outlaw all abortion, but what's really grim is that every limitation you mention, limitations voted on by the people of the states, every last one will be GONE if Pres Obama signs his "Freedom" of "Choice" Act.

  2. I recall Barrak Obama during the campaign saying that he wouldn't want his kids "punished" with a baby. Therefore, in the Obama regime, I imagine the punishment would be to adopt a child.

  3. Thanks for the comments all. I started to comment then decided to respond with a new post on the FOCA.


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