Many states, however, have made abortion illegal.Ībortion was illegal in most states in the 1960s, often with no exceptions for cases of rape or threat to life. Other state legislatures have passed laws protecting abortion rights. Constitutions in 10 states - Alaska, Arizona, California, Florida, Kansas, Massachusetts, Minnesota, Montana, New Jersey, and New Mexico - have been interpreted by state high courts to guarantee the right to abortion or protect access more strongly than the federal constitution. Writing for the majority in Dobbs, Justice Samuel Alito said that the only legitimate unenumerated rights - that is, rights not explicitly stated in the Constitution - are those “deeply rooted in the Nation’s history and tradition” and “implicit in the concept of ordered liberty.” Abortion, the majority held, is not such a right.įollowing Dobbs, reproductive rights are being decided state by state. But abortion was fundamentally legal in all 50 states during that period. And after fetal viability, outright bans on abortion were permitted if they contained exceptions to preserve life and health.įor the following 49 years, states, health care providers, and citizens fought over what limits the government could place on abortion access, particularly during the second and third trimesters.
However, the government retained the power to regulate or restrict abortion access depending on the stage of pregnancy. Wade, the Supreme Court decided that the right to privacy implied in the 14th Amendment protected abortion as a fundamental right. Some state constitutions, however, independently protect abortion rights. Wade (1973), which guaranteed a constitutional right to abortion. Jackson Women’s Health Organization (2022), the Supreme Court overturned Roe v. Constitution, according to the current Supreme Court.
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