I'm confused about the U.S.'s abortion laws?

Question

It's been a long time since I was in school. What is legal and what isn't?

Answer 1

The current standard set forth by the US Supreme Court came from the 1992 decision Planned Parenthood v. Casey, which partially overturned the Roe v. Wade decision.

According to the Casey holding, states may regulate medical practices with regard to abortion as long as they do not impose an "undue burden" on the right to choose. In other words, they cannot absolutely prevent all abortions, nor make the procedural requirements so difficult as to effectively eliminate the choice.

But states can set any reasonable limits or restrictions on abortions, as long as the choice (prior to viability) is still ultimately up to the individual.

Beyond that, the specific laws vary by state.

Exception -- per a recent Supreme Court holding, Congress can regulate certain medical practices at the federal level, and can determine whether doctors are allowed to perform certain medical procedures. This determination no longer needs to include an exception where the health of the mother would harmed if the procedure is not performed.

In other words, the Supreme Court recently decided that Congress can make determinations about what medical procedures are valid or necessary, and can overrule the medical expertise of doctors with regard to the health of the patient.

Answer 2

Me too.