It is important that the reader understand the current legal status of abortion in America. There seems to be a widespread perception that the Supreme Court decision Roe v. Wade (1973) only permits abortions up to 24 weeks, and after that time only to save the life of the mother. This false perception—fueled in large part by groups supporting abortion rights—is uncritically accepted by the media.
The fact is that the current law does not restrict a woman from getting an abortion for practically any reason she deems fit during the entire nine months of pregnancy. In order to understand why this is the case, a brief history lesson is in order.
In Roe, Justice Harry Blackmun divided pregnancy into three trimesters.
First and Second 3 Months
He ruled that aside from normal procedural guidelines (e.g., an abortion must be safely performed by a licensed physician), a state has no right to restrict abortion in the first six months of pregnancy. Thus a woman could have an abortion during the first two trimesters for any reason she deemed fit, whether it be an unplanned pregnancy, gender selection, convenience, or rape.
Last 3 monthsIn the last trimester the state has a right, although not an obligation, to restrict abortions to only those cases in which the mother's health is jeopardized.
In sum, Roe v. Wade does not prevent a state from allowing unrestricted abortion for the entire nine months of pregnancy if it so chooses.
Why is abortion-on-demand legal in America?
