reproductive rights
Reproductive rights in the U.S. refer to access to abortion, contraception, and reproductive healthcare, shaped by shifting legal rulings, political ideologies, and state-level restrictions.
general notes
involve debates over bodily autonomy, the role of the state, and religious/moral beliefs
influenced by legal precedent, court rulings, and federal/state legislation
from american revolution to mid 19th century, abortion was not issue of significant controversy
most people believed that personhood began at quickening, between 18 and 21 weeks
access varies significantly by state after 2022 Supreme Court decision (Dobbs)
restrictions can include mandatory waiting periods, parental consent laws, and limitations on insurance or public funding
legal debates often center around when life begins (e.g., conception, viability, or birth)
intersects with broader issues like gender equality, privacy rights, and healthcare access
legal history and key cases
pre-20th century to mid-1900s
abortion was legal in many parts of the U.S. before the mid-1800s
first abortion ban: Connecticut, 1821 (post-“quickening,” when fetal movement is felt)
by the early 1900s, most states had outlawed abortion except to save the mother’s life
Griswold v. Connecticut (1965) established a right to privacy regarding birth control for married couples
Roe v. Wade (1973)
landmark Supreme Court decision establishing a constitutional right to abortion
ruled that the right to privacy under the 14th Amendment extended to abortion
legalized abortion nationwide, but allowed states to regulate based on trimester framework
Equal protection and due process rights
Planned Parenthood v. Casey (1992)
reaffirmed Roe but introduced “undue burden” standard
allowed more state-level restrictions as long as they didn’t place substantial obstacles in the path of someone seeking an abortion
Dobbs v. Jackson Women’s Health Organization (2022)
overturned Roe v. Wade and Casey, ending federal protection for abortion rights
returned decision-making power to individual states
many states immediately enacted “trigger laws” banning or severely restricting abortion
state laws designed to automatically ban/restrict abortion if overturn of Roe occurred
more about Dobbs
Mississippi passed a law banning most abortions after 15 weeks of pregnancy, much earlier than the viability standard set by Roe and Planned Parenthood which allowed abortion up to around 24 weeks
state’s only abortion clinic, Jackson Women’s Health Organization, sued saying law was unconstitutional
lower courts blocked the law agreeing it violated Supreme Court precedents
Mississippi appealed and in 2021 Supreme Court agreed to hear the case
6-3 ruling to uphold Mississippi’s 15 week ban
5-4 decision to overturn Roe v. Wade and Casey, ending federal constitutional right to abortion
the majority said that Constitution does not mention abortion
Roe and Casey were wrongly decided and legally weak and inconsistent
wrongly took power away from elected officials
argued abortion laws should be made by state legislatures, not federal judges
three liberal justices argued Roe and Casey protected personal liberty and bodily autonomy for nearly 50 years
overturning damaged Court’s legitimacy and would harm women’s rights and health across country
legislation and funding
Hyde Amendment (1976)
prohibits use of federal funds (like Medicaid) for abortion services except in rare cases
disproportionately affects low-income people and people of color
renewed annually in federal budgets, with some states choosing to cover abortion with state Medicaid funds
party views
democrats, in general....
support legal access to abortion and codifying rights into federal law
oppose state restrictions like heartbeat bills or forced ultrasounds
advocate for public funding for reproductive healthcare and birth control
officially writing a policy, right, or rule into formal legislation so it becomes legally binding and enforceable by the government
banning abortion once heartbeat is detected, around 6 weeks
laws requiring patients seeking abortions to undergo an ultrasound regardless of medical necessity
republicans, in general....
support restrictions or bans on abortion, sometimes with no exceptions
support state autonomy in regulating reproductive rights
often oppose federal funding for Planned Parenthood and similar providers
nonprofit organization providing reproductive health care (contraception, cancer screenings, STI testing, abortion services)