Types of abortion restrictions in the United States

In 2022, Roe and Casey were overturned by the Supreme Court in Dobbs v. Jackson Women's Health Organization, meaning that states may now regulate abortion in ways that were not previously permitted.

[12] The Hyde Amendment bars the use of federal funds to pay for abortion except to save the life of the pregnant woman, or if the pregnancy arises from incest or rape.

These laws aim to reduce the rate of abortions and limit access to medical providers, which has been proven to be less effective than anticipated in various research reviews.

Researchers find the methods of TRAP laws to be practical concerning the variables of loss in opportunity and potential costs but the impacts on abortion demand are otherwise insufficient.

Based on a survey conducted by the Kaiser Family Foundation (KFF) that concentrates on responses of OBGYNs and their reproductive health services, the research found that their decision-making autonomy, the ability to practice within the standard of care, and provider-patient relationships have been depreciated by the Dobbs decision and the increasing state restrictions.

On November 12, 2013, the U.S. Supreme Court declined to hear an appeal by the state of Oklahoma to the overturning of a bill that mandated compulsory ultrasound examinations.

[26] In the case Planned Parenthood v. Casey, the Supreme Court upheld the constitutionality of waiting periods because the Justices determined that they don't pose an "undue burden" or "substantial obstacle" to getting an abortion.

[28] South Dakota requires the person to obtain mandatory counseling from an anti-abortion crisis pregnancy center during this time frame.

[29] South Dakota requires the person to obtain mandatory counseling from an anti-abortion crisis pregnancy center during this time frame.

[41][42][43][44][45] Medical professionals advise that a true fetal heartbeat cannot be detected until around 17 to 20 weeks of gestation when the chambers of the heart have become sufficiently developed.

[47] Efforts to introduce her model law succeeded in passing through political branches of government in about a dozen states but in most cases the courts struck down or blocked similar legislation; however, the Texas Heartbeat Act and analogues subsequently adopted in other states succeeded due to a unique enforcement mechanism that makes challenging the law extremely difficult, and which was upheld by the Supreme Court.

[53] In Planned Parenthood v. Rounds, the Eighth Circuit Court of Appeals ruled that a South Dakota law requiring doctors to give patients false or misleading information about the suicide risk in women who have abortions was not unconstitutional.

The same law also bars the state's Patient's Compensation Fund, which limits malpractice liability for participating physicians, from insuring against abortion-related claims.

[62] A 2009 Oklahoma law, overturned by a federal court in 2010, would have required doctors to report information from a 37-question form about every person receiving an abortion to the state health department for publication in an online registry.

[63] Todd Lamb, the state senator who sponsored the law, called it "essential in protecting the sanctity of life" and "pro-life".

[69] While it might seem somewhat affordable to travel across the states for reproductive healthcare, it has created a significant burden on those who have low incomes or have dealt with other forms of systemic oppression.

The rise of stigma and prejudices against those who need abortion care have caused an incline in emotional and mental strain, which can also impact an individual's well-being and decisions.

[70] An issue that can arise among non-native English speakers or immigrant people is the lack of access to a translator while attempting to seek an abortion.

[71] According to the American Civil Liberties Union, in 1976, Congress passed a bill called the Hyde Amendment which purposely excludes abortion from being included in healthcare services provided to people through Medicaid.

[71] The only exception to this rule is if a person's life is in danger due to pregnancy, cases of rape or incest, illness, or injury.

ICE complies with the Hyde Amendment from 1976, and only offers abortion for reasons related to incest, rape, or the endangerment of a mother's life due to pregnancy.

[72] According to the National Latina Institute for Reproductive Justice, around 80% of women attempting to enter the United States through illegal means, get sexually assaulted.

Furthermore, there have been proposals by Alabama Representative Robert Aderholt to attempt to allow ICE employees to refuse to conduct an abortion.

During this time, numerous states began issuing orders to postpone any non-essential medical products, specifically abortion.

[73][74] Texas restricted abortion access on March 23, 2020, citing that a temporary ban on non-essential medical services was necessary to curb the COVID-19 pandemic.

In a press conference on March 27, 2020, Iowa Governor Kim Reynolds clarified that surgical abortion procedures would be included in the temporary hold on all non-essential surgeries.

[75] The Supreme Court accepted a request from the Food and Drug Administration to ban medical providers from sending mifepristone (the “abortion pill”) via mail.

[76] The reinstated rule forces people seeking an abortion to go into a medical provider's office and have an in-person visit to receive the pill.

Finally, on January 12, 2021, the Trump Administration submitted a more detailed request, which was granted by the Supreme court to lift the suspension on not requiring in-person visits and mailing of the abortion pill.

On top of that, under the Affordable Care Act passed in 2010 by congress, abortion is not required to be covered under the ten essential coverages.