The State of Abortion in the United States
In 1973, the Supreme Court ruled that abortion is a constitutional right in the monumental case of Row v Wade. Still, in early February of this year, a motion was stayed that would have prevented access to abortion for many women living in Louisiana, leaving just one abortion clinic behind. This begs the question, what is the current state of abortion in the United States? What restrictions are already in place on the state level that limit the access of abortions, and what might that mean for the future of Roe v Wade?
Perhaps the most important fact regarding abortion, is that the laws surrounding it are confusing. Many states have their own, complex laws with wording only meant to ensnare you in its trap. According to data collected by the Guttmacher Institute, 42 states require that abortions be performed by a licensed physician, and 19 states require that abortions be done in a hospital after some point in the pregnancy. For instance, New Jersey requires that abortions be done at a hospital if the pregnancy is at 14 weeks, while other states require abortions be performed at a hospital if at 20 weeks, and yet some if the pregnancy is at viability. 19 states also require that a second physician participate in the abortion if the pregnancy has progressed to a certain point. Just like the laws that require abortions to be performed at a hospital, these laws vary drastically from state to state. 43 states actually prohibit later term abortions unless in cases which pose an immediate threat to the well-being of the mother. However, how later term abortions are defined also varies from state to state. Some states will propose that a later term abortion means in the third trimester, while some states say 20 weeks. There are also 20 states that ban a type of abortion called "partial-birth" abortion, and two states the ban the practice of "dilation and evacuation" abortion. There are states that make exceptions for these methods, but often only in the most severe of cases.
I know this can be a lot to swallow. Unless you find yourself in a position in which you need to seek out an abortion and familiarize yourself with the laws in your place of residency, all of this just seems to happen behind closed doors. But I encourage you to imagine how you might feel if you did find yourself in this situation. Maybe you were raped, or maybe your method of birth control failed and now you are faced with a child that you are perhaps unable to care for. Maybe you don't have a steady enough job to raise a child, or perhaps you have a lasting medical condition that, while it won't endanger you to follow through with the pregnancy, it will greatly reduce your quality of life for years to come. Now, imagine that you live in Oklahoma. You have decided that you want to get an abortion, which for some is already a huge decision to make. Despite how much thought you have already put into your decision, you are still required to go through a counseling session in which they try to guilt you out of your choice using fear tactics that are masked as educational material. These "counseling sessions" are meant to teach you about the risks associated with breast cancer and abortion, as well as the pain and suffering your fetus may undergo during the procedure. If that wasn't enough, you still have to sit on the information you were given for 72 hours before you can proceed. Depending how many weeks you are into your pregnancy, you may need to have your procedure done in a hospital. There is also a chance, specifically if you are 20 weeks in, that you would not even be able to follow through with your planned abortion, unless your life or well-being is in danger. If you are able to get through those initial hurdles, and can actually complete your abortion, then your insurance might not even cover it. You may be faced with a hefty bill, that would be even higher should you need to go to a hospital. Making such a decision would likely be financially crippling. If you cannot afford to raise a child, you certainly would not be able to afford terminating the pregnancy. Lastly, if you actually make it to the abortion clinic, the clinic and the physician both have the right to turn you away.
Now, imagine living in Louisiana. Already, providers and facilities have the right to deny you care, and if you are at a certain point of your pregnancy you may need to have a second physician participate in the procedure. The law that was stalled earlier this month would have limited access in Louisiana to just one provider. There are already so many other hoops you have to jump through, only to have to drive possibly hundreds of miles to visit the only provider in your state that would possibly be able to save your life. That is, if you could even get in to see that provider. I'd imagine, being the one provider in your state able to perform such a procedure that your schedule would be fairly busy.
In conclusion, abortion has always been contention topic, and the legislation surrounding it has taken a hit due to how strained this topic is. Every state has their own confusing laws that are difficult to navigate and present as barriers to making the best decision for you. It would make since to assume that, with over 40 years between now and the court case that gave women the constitution right to seek an abortion, that these obstructive laws would have been dismantled, yet new legislature is still popping up that challenges the ruling of Roe v Wade. While the Louisiana measure was stalled, it is unsure if other laws that find their way into the Supreme Court will have the same outcome. At this point, and likely for many years to come, the state of abortion in the United States is unsteady.
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