The Legal History of Abortion in America
Prior to Roe v. Wade
There was no constitutional right to an abortion at any stage of pregnancy.
Abortion was illegal after quickening, which is the moment a woman first feels fetal movement.
Pre-quickening abortions were unlawful. Contracts for abortion were void as illegal, abortion places were shut down, and it was illegal to advertise for abortions.(1)
By the end of the 1950s, all but 4 states and D.C. banned abortion however and whenever performed, except to save the life of the mother.
The day before Roe, 30 states had already banned abortion entirely except to save the life of the mother.
Roe v. Wade Changed Everything
Roe v. Wade – 1973
Key finding of Roe: A fundamental right to abortion.
Under Roe, the unborn child was considered a “potential life” but not a person.
States were forbidden from treating the unborn as persons.
States were forbidden from
treating the unborn as persons.
Doe v. Bolton – 1973
Key finding of Doe: The right to abortion is implied in the Constitution through a right to privacy.
This decision stated that women may obtain an abortion after viability to protect a mother’s “health,” determined by the physician and the mother legalizing abortion through all nine months of pregnancy.
Early Suffragettes were pro life.
Planned Parenthood v. Casey – 1992
The Court reaffirmed Roe and Doe.
“The justices imposed a new standard to determine the validity of laws restricting abortions. The new standard asks whether a state abortion regulation has the purpose or effect of imposing an “undue burden,” which is defined as a ‘substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.’ ”(2)
Relegates personhood to the subjective decision of the mother and provider.
This was one of Human Life Alliance’s early slogans.
Chemical Abortion Regulations - 2020
The FDA Risk Evaluation and Mitigation Strategy (REMS) in-person prescription requirement was:
Suspended from July 13, 2020, until January 12, 2021.
Suspended again from April 2021 until January 3, 2023.
Permanently removed on January 3, 2023.
Chemical abortion pills are now available on demand and can be mailed anywhere in the country.
Stripping away personhood from some humans for convenience has historically led to slavery and genocide.
The FDA removed parts of the Risk Evaluation and Mitigation Strategy for Chemical Abortions, which was put in place to keep women safe.
Dobbs vs. Jackson Women’s Health Organization – 2022
Key finding of Dobbs: There is no constitutional right to abortion.
This decision completely overturned Roe, Doe, and Casey.
States are now permitted to treat the unborn as persons with rights under the law.
All abortion laws are now subject to the rational review of law.
The states are now permitted to treat the unborn as persons with rights under the law!
Abortion is now
a state to state battle.
A lot has changed in the U.S. since the Dobbs decision in 2022. This decision allowed each State to determine for itself whether or not to protect the lives of the unborn. Now that each State can have different regulations concerning protecting the lives of the unborn, it’s difficult to know the truth about this very contentious issue.
HLA compiled the following map in August of 2025 to show where each State stands on protecting the lives of the unborn. Some have taken steps since Dobbs to defend life through statute or the State Constitutions, or they had previous laws which were reinstated after the Dobbs decision. It also shows when each state protects children from abortion by their gestational age. Others have unfortunately, by lawmaking or Constitutional Amendments, passed laws removing any limitation on abortion.
Learn More
Do you want to learn more about Planned Parenthood in particular? We have a carefully researched publication.
This fact card dives into the statistics related to elective abortions in the USA. It examines the extremes of the United States' approach regarding abortions as well as the perspectives and actions of other countries within the United Nations.
A simple flyer that shows that abortion is by FAR the leading cause of death in the African American community.
Sources
The Legal History of Abortion in America
(1) Adler, Jonathan H. “Sherif Girgis on the Draft Dobbs Opinion and Its Critics.” The Volokh Conspiracy. 26 May 2022. https://reason.com/volokh/2022/05/26/sherif-girgis-on-the-draft-dobbs-opinion-and-its-critics/. Accessed 1 August 2025.
(2) “Planned Parenthood of Southeastern Pennsylvania v. Casey." Oyez, www.oyez.org/cases/1991/91-744. Accessed 6 August 2025.
The States on Abortion
(3) “Interactive Map: US Abortion Policies and Access After Roe.” Guttmacher Institute, updated 31 July 2025. www.states.guttmacher.org/policies/. Accessed 1 August 2025.