Abortion

In 1973, the U.S. Supreme Court held in Roe v. Wade that women have a constitutional right to seek an abortion before the fetus is viable outside the womb. The Court also ruled that states may not require a woman to notify her husband before the woman seeks an abortion. The Court was particularly concerned about the impact of a notification requirement on women who are in an abusive relationship.

The Supreme Court reaffirmed Roe v. Wade its 1992 case of Planned Parenthood v. Casey. Although affirming a woman’s right to seek an abortion early in pregnancy, the Supreme Court in Casey held that states may regulate many other aspects of abortion. After a fetus is viable, it is permissible for states to prohibit abortions unless the mother's life or health is endangered. States also may impose a waiting period to obtain an abortion (unless the mother’s health is endangered). In Casey, the Court upheld Pennsylvania’s 24-hour waiting period as a reasonable means of assuring that a woman who seeks an abortion can make a deliberate decision. During that waiting period, states also may require that the providers of abortions inform the woman about alternatives to abortion and the risks of abortion.

A statute requiring parental consent before a minor could seek an abortion was also upheld. The statute allowed a minor to forego asking parents and seek permission from a judge instead if the facts of the case supported bypass of parental consent.

The scope of regulation and funding of abortions by the government varies from state to state.