Statutory and Constitutional Right to Abortion
About this dataset:
On June 24, 2022, the Supreme Court overruled Roe v. Wade, the landmark 1973 decision that provided federal protection for the right to an abortion. In Dobbs v. Jackson Women’s Health Organization, the Court held that there is no federal constitutional right to abortion and that Roe v. Wade and Planned Parenthood v. Casey took away the states’ authority to regulate or prohibit abortion. In the wake of Dobbs, some states moved to protect access to reproductive care.
Even prior to the Dobbs decision, some states enacted additional legal protections for individuals seeking abortion. Some states have laws prohibiting any interference with a pregnant individual exercising their right to obtain an abortion prior to viability, or when necessary to protect the life and health of the pregnant individual. Additionally, there are state court opinions that interpret provisions of their state constitution to similarly protect the right to an abortion up to viability. In the November 2022 election, voters in three states — California, Michigan, and Vermont — approved ballot initiatives to include reproductive freedom rights into their respective state constitutions.
This dataset explores abortion regulations in all 50 U.S. states and the District of Columbia in effect from December 1, 2018 through November 1, 2022, as well as case law and attorney general opinions that affect the enforceability of these laws. This dataset is a part of a suite of 17 datasets created by the Center for Public Health Law Research in collaboration with subject matter experts from Resources for Abortion Delivery (RAD), Guttmacher Institute, American Civil Liberties Union (ACLU), Center for Reproductive Rights (CRR), National Abortion Federation (NAF), and Planned Parenthood Federation of America (PPFA), who conceptualized and developed the Abortion Law Database. If you need broader contextual information on state laws and policies, national level information, or data and evidence related to abortion and other reproductive health issues, please contact the Guttmacher Institute at info@guttmacher.org.
Disclaimer: The information contained herein does not constitute legal advice. If you have questions regarding your legal rights or obligations, contact an attorney. If you are an abortion provider seeking legal compliance guidance, the following collaborating organizations may be able to assist you: ACLU, CRR, PPFA (for affiliated health centers), NAF, and Regulatory Assistance for Abortion Providers (a project of RAD).