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pro-choice abortion healthcare protest

ABORTION HEALTHCARE

Abortion has always been a complicated and controversial topic in the United States. The recent Supreme Court decision Dobbs v.  Jackson overturned the landmark decision Roe v. Wade and eliminated the federal constitutional right to abortion. Because of this decision, several states  have already banned abortion and up to half are expected to do the same. This is the first time in U.S. history that a constitutional right has been taken away from U.S. citizens. But rights to abortion healthcare is just the first step in a long battle heading backwards. Our rights to access birth control, gender-affirming health care, marriage equality, and the right to vote are all under siege. Below we have included several resources including a timeline, relevant media, the Supreme Court decisions, and state laws.

Last Updated 9/1/23

Map from the Center of Reproductive Justice on 3/15/23

map of the united states color coded for abortion access

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Women's Health Protection Act of 2021

If enacted, WHPA would protect abortion access nationwide by creating a statutory right for health care providers to provide, and a corresponding right for their patients to receive, abortion care—free from restrictions and bans. 

Arguments & Timelines

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Safety

Studies show that abortion is actually very safe. Upadhyay, U. D. PhD et al. (2015) suggest that major complications from abortion occur in less than 0.25% of procedures. To put this in perspective, this is about the same frequency of complications as for colonoscopies. and less frequent than complications for wisdom tooth removal and tonsillectomy. Moreover, the same states that have implemented restrictive abortion laws or bans have some of the highest rates of maternal mortality in the U.S., and the consequences will disproportionately affect Black women and other people of color (Population Reference Bureau, 2021). Already, Black women are three times more likely than white women to die during childbirth or shortly after. In a report by the research foundation Commonwealth Fund, Declercq et al. (2022) wrote that states with "restricted access to abortion services had maternal death rates in 2020 that were 62% higher than in states preserving access to abortion services. Between 2018 and 2020, the maternal death rate increased twice as fast in states that now have abortion restrictions."

A particularly striking fear in the wake of the Dobbs v. Jackson decision is that "women are increasingly at risk of receiving inadequate care following miscarriages, which are common and can be incomplete, meaning that pregnancy-related tissues (eg, fetal and placental tissues) are not completely expelled from the uterus. Removing the remains of the failed pregnancy is often essential to protect the health and life of the woman, but a growing number of reports that indicate providers are hesitating to provide such care because they fear being implicated in abortion," (Sellers & Nirappil, 2022).

Illegal = Less Abortions

This is one of the main debates in the pro-choice versus pro-life discussion. Some say that providing more support for parents–such as paid family leave or more child care options–expanding sex education, and making it easier to place children for adoption into good homes would be an effective way to reduce the need for abortions. Others insist that making abortions illegal will accomplish this goal. A 2017 study purported, "Evidence shows that restricting access to abortions does not reduce the number of abortions; however, it does affect whether the abortions that women and girls attain are safe. The proportion of unsafe abortions are significantly higher in countries with highly restrictive abortion laws than in countries with less restrictive laws," (Ganatra, B. Et al.)

Regret

Whether or not a woman regrets her decision to have an abortion is entirely personal and individual. For more than 10 years, Dr. Foster tracked the experiences of women who'd received abortions and those who had been denied them in order to study on the affects of abortion on mental and physical health. The Turnaway Study research team "regularly interviewed each of nearly 1,000 women for five years and found those who'd been denied abortion experienced worse economic and mental health outcomes than the cohort that received care. And 95% of study participants who received an abortion said they made the right decision," (Burbank, M, & Kwong, E. 2022).

Religion

It is no secret that the most tumultuous division in the abortion debate comes down to whether it is a religious or not. Today, Americans are more diverse than ever including race, gender, religion, and backgrounds. All perspectives are "protected equally under the First Amendment of the U.S. Constitution, which protects the fundamental right to hold religious beliefs of one’s choosing while ensuring that the government remains neutral when it comes to matters of faith," (Percival, Nov. 2021). But is the government remaining neutral in the matter of outlawing abortion?

 

"A Mississippi state representative who co-authored the 15-week abortion ban being challenged in the Supreme Court this term in Dobbs v. Jackson Women’s Health Organization asserted in her defense of the ban that she 'believes that children are a gift from God.' Several of her colleagues in the Mississippi House of Representatives have likewise invoked their personal religious views in the discussion about abortion," (Percival, Nov. 2021). So, I ask again...is the government neutral or is it prioritizing one group's religious beliefs over others? It seems that separation of church and state is only a valid argument for those who want the state to stay out of religion. One can agree with a woman's right to bodily autonomy without supporting abortion. In fact, you can outright condemn abortion and still purport that all humans deserve the right to decide what is best for their own bodies.

Privacy

This argument allows one to agree with a woman's right to bodily autonomy and privacy without actually supporting abortion. In fact, one can outright condemn abortion and still purport that all people deserve the right to decide what is best for their own bodies. In Roe v. Wade, the Supreme Court decided that the right to privacy implied in the 14th Amendment protected abortion as a fundamental right," (Roe v. Wade and Supreme Court Abortion Cases, Sep. 2022) However, after the Dobbs v. Jackson decision, the concern regarding privacy now hinges on the 4th Amendment.

 

As new laws come down from state governments, we can anticipate that health care providers and covered entities will experience a conflict between their obligations to produce health information when compelled by law and their longstanding obligations to protect physician-patient confidentiality and prevent inappropriate access to protected health information (PHI) that could be used to intimidate and prosecute patients and health practitioners (Clayton, Embí, Malin. 2023).  

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1880

All states in the U.S. had abortion restrictions. Stigma was very negative. (Learn more)

1910

Abortion was illegal at every stage in all states, with the only [rare] exception in life-threatening situation. (Learn more)

1930

Unsafe, illegal abortion was the cause of death for ~2,700 women in 1930—almost 1 in 5 (18%) of the recorded maternal deaths, per the Guttmacher Institute. (Learn more)

1962

Pregnant TV host who ingested thalidomide (found to cause birth defects) could not obtain a legal abortion. The media tracked her journey to get an abortion in Sweden, bringing greater support for reform. (Learn more)

1966

Nine doctors were sued in California for performing abortions on women who had been exposed to rubella, a disease known to cause birth defects. This resulted in outrage and the first abortion reform measures. (Learn more)

1967

Between 1967 and 1973, four states—Alaska, Hawaii, New York, and Washington—repealed their abortion bans entirely, while 13 others enacted reforms that expanded exceptions. (Learn more)

1973

U.S. Supreme Court ruled that the due process clause of the 14th Amendment protects the right to abortion. (Learn more)

1976

Hyde Amendment enacted. It is a discriminatory law that prevents federal dollars from being used in government insurance programs for abortion service. (Learn more)

1984

Global Gag Order was instituted by President Raegan. It prevents foreign organizations that receive U.S. health aid from providing information on and referrals for abortions or advocating for abortion access. (Learn more)

1992

Planned Parenthood v Casey reaffirmed that the Constitution protects the right to abortion but created the "undue Burden" framework. Following Casey, state politicians were able to pass many medically unnecessary abortion restrictions across the country. (Learn more)

2007

In Gonzales v. Planned Parenthood and Gonzales v. Carhart, the Supreme Court upheld first federal legislation to criminalize abortion, allowing Congress to ban certain second-trimester procedures, effectively overruling a key component of Roe v. Wade: that the patient’s health must be of paramount concern in laws that restrict abortion access. (Learn more)

2016

In Whole Woman's Health v. Hellerstedt, the Supreme Court ruled that two Texas abortion restrictions were unconstitutional because they would shut down most abortion providers in the state and impose an “undue burden” on access to safe, legal abortion in Texas. (Learn more)

2021

On Sept. 1, 2021, Texas implemented a dangerous law called S.B. 8. which bans abortion at ~6 weeks of pregnancy—before many people even know they’re pregnant. (Learn more)

2022

On June 24, 2022, the Supreme Court overturned Roe eliminating the federal constitutional right to abortion. (Learn more)

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Abortion
U.S. Supreme Court Oral Argument: Dobbs v. Jackson Women's Health Organization
01:54:20
Play Video
The End of Roe v. Wade -- and What Comes Next | Kathryn Kolbert | TED
16:52
Play Video
Reversing Roe | Official Trailer [HD] | Netflix
02:40
Play Video
Roe v. Wade: A Legal History
21:13
Play Video

REFERENCES

Bearak, J., Popinchalk, A., Ganatra, B., Moller, A.-B., Tunçalp, Ö., Beavin, C., Kwok, L., & Alkema, L. (2020). Unintended

pregnancy and abortion by income, region, and the legal status of abortion: Estimates from a comprehensive model for 1990–2019. The Lancet Global Health, 8(9). https://doi.org/10.1016/s2214-109x(20)30315-6

Brennan Center for Justice at NYU Law. (Sep. 2022). Roe v. wade and supreme court abortion cases. 

https://www.brennancenter.org/our-work/research-reports/roe-v-wade-and-supreme-court-abortion-cases#:~:text=In%20Roe%20v.,on%20the%20stage%20of%20pregnancy

Burbank, M, & Kwong, E. (May 2022). A landmark study tracks the lasting effect of having an abortion — or being denied one.

NPR. https://www.npr.org/sections/health-shots/2022/05/15/1098347992/a-landmark-study-tracks-the-lasting-effect-of-having-an-abortion-or-being-denied

Clayton, E. W., Embí, P. J., & Malin, B. A. (2022). Dobbs and the future of health data privacy for patients and

healthcare organizations. Journal of the American Medical Informatics Association, 30(1), 155–160. https://doi.org/10.1093/jamia/ocac155

Eugene Declercq et al. (Dec. 2022). How new State Abortion Bans and Restrictions Could Worsen Access to Maternal Care

and Health Outcomes. Commonwealth Fund. https://doi.org/10.26099/z7dz-8211

Ganatra, B., Gerdts, C., Rossier, C., Johnson, B. R., Jr, Tunçalp, Ö., Assifi, A., Sedgh, G., Singh, S., Bankole, A., Popinchalk, A.,

Bearak, J., Kang, Z., & Alkema, L. (2017). Global, regional, and subregional classification of abortions by safety, 2010-14: estimates from a Bayesian hierarchical model. Lancet (London, England), 390(10110), 2372–2381. https://doi.org/10.1016/S0140-6736(17)31794-4

Linebaugh. C. (Jul 2022). Abortion, data privacy, and law enforcement access: a legal overview. Congressional

Research Service. https://crsreports.congress.gov/product/pdf/LSB/LSB10786

Percival, Kelly. (Nov. 2021). Religion must not substitute science in the abortion debate. Brennan Center for Justice at NYU

Law. https://www.brennancenter.org/our-work/analysis-opinion/religion-must-not-substitute-science-abortion-debate

 

Population Reference Bureau. (Dec. 2021). Black women over three times more likely to die in pregnancy,

postpartum than white women, new research finds. https://www.prb.org/resources/black-women-over-three-times-more-likely-to-die-in-pregnancy-postpartum-than-white-women-new-research-finds/

Sellers F.S., & Nirappil, F. (Jul. 2022). Confusion post-Roe spurs delays, denials for some lifesaving pregnancy care.

Washington Post. https://www.washingtonpost.com/health/2022/07/16/abortion-miscarriage-ectopic-pregnancy-care/

Upadhyay, U. D. PhD, MPH; Desai, S. MPH; Zlidar, V. MHS; Weitz, T. A. PhD, MPA; Grossman, D. MD; Anderson, P. MPH; Taylor, D.

PhD, RNP. (Jan. 2015). Incidence of Emergency Department Visits and Complications After Abortion. Obstetrics & Gynecology 125(1). 175-183. https://journals.lww.com/greenjournal/Fulltext/2015/01000/Incidence_of_Emergency_Department_Visits_and.29.aspx

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