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State legislation on abortion after Roe v. Wade: selected constitutional issues
American Journal of Law & Medicine
|January 1, 1976
Summary
State legislatures have enacted numerous abortion laws since Roe v. Wade. This article analyzes common statutory provisions and their constitutionality under federal and state legal standards.
Area of Science:
- Legal Studies
- Public Health Policy
Background:
- The US Supreme Court's 1973 Roe v. Wade decision established abortion rights.
- Following this decision, state legislatures have introduced significant new legislation concerning abortion access.
Purpose of the Study:
- To examine common types of state abortion legislation enacted over the past three years.
- To assess the constitutionality of these statutes in relation to Roe v. Wade and other legal standards.
Main Methods:
- Review of state legislative enactments on abortion.
- Legal analysis of statutory provisions.
- Constitutional assessment based on federal and state legal precedents.
Main Results:
- Identification of prevalent statutory provisions in recent state abortion legislation.
- Evaluation of the legal standing and potential challenges to these provisions.
Conclusions:
- State abortion laws vary widely in their provisions and constitutional basis.
- Ongoing legal scrutiny is necessary to determine the long-term validity of these statutes.