The Supreme Court agreed in late 2015 to rule on the constitutionality of Texas laws that would close all but ten or so of the state’s remaining abortion clinics. The ruling, promised by June, could influence the fate of some of the more than 200 abortion restrictions enacted since a Republican-led push began in 2011. Efforts to overturn abortion rights entirely through state ballot initiatives giving the unborn the rights of a person have failed repeatedly. The Texas law required that clinics meet hospital-like surgical standards and that abortion doctors have admitting privileges at local hospitals. It is a case study in the way abortion opponents have changed strategies, opting for legislative action over the clinic blockades and violence of the past. Laws aimed at clinics are proving more potent than those aimed at patients, such as waiting periods or parental notification requirements. Abortion-rights supporters have pushed back, introducing more state-level, pro-abortion bills and challenging restrictive laws in court. Judges have blocked enforcement of some measures, pending further legal rulings, in Alabama and Oklahoma. Courts have ruled them unconstitutional in Wisconsin, Mississippi and North Carolina.
Abortion has persisted as a hot-button issue in U.S. politics since the Supreme Court’s landmark Roe v. Wade decision in 1973 legalized it in all 50 states. The groundwork was laid to undermine that ruling in 1992, when the high court said states could pass restrictions that don’t present an “undue burden” to women seeking the service. Courts are now clogged with challenges to laws testing just what that means. The ranks of clinics have been thinning since the late 1980s, when the number of nonhospital providers performing 400 or more abortions per year peaked at 705; by 2011, the most recent year for which data are available, that number had fallen to 553. Using states’ data, the Associated Press concluded that abortion had fallen 12 percent nationwide from 2010 to January 2015, with declines in states both with and without new limitations.
Both sides of the abortion debate have a stake in the proposition that restricting access to clinics is holding abortion rates down. Health experts and social scientists say that is just one factor. Increasing cultural acceptance of single motherhood, the recession (which was accompanied by a decline in pregnancies) and more (as well as more effective) contraceptive use are also behind the drop. Almost half the 6.7 million pregnancies each year are unintended, and almost half of these end in abortion. One study concluded that if 31 states outlawed abortion tomorrow, the vast majority of women would still travel to states where it remained legal. But the impact on those unwilling or unable to travel could still produce a 15 percent drop in abortions nationally and as much as a 4.2 percent rise in the birth rate. As access diminishes, abortion rights advocates argue, more women will resort to dangerous and illegal pre-Roe means to avert motherhood.
The Reference Shelf
- Bloomberg News articles about abortion.
- The Guttmacher Institute researches and compiles medical statistics and legislative history about abortion.
- The Centers for Disease Control and Prevention collects data from most states for its abortion surveillance project.
- The American Congress of Obstetricians and Gynecologists offers a resource guide for abortion, including medical guidelines and research.
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