The Unsettled (and Unsettling) State of Abortion Law in the United States in 2024

Abstract

This chapter summarizes the current state of abortion law in the United States. It begins by reviewing the history of abortion jurisprudence, from Roe and Planned Parenthood v. Casey to the recent Dobbs ruling. The legal and political fallout from the Dobbs decision is analyzed, including President Biden's response and the legal challenges that have ensued. The article briefly summarizes the diverse and sometimes conflicting approaches adopted by individual U.S. states, ranging from significant restrictions to the codification of abortion rights. It also discusses the potential for federal involvement in abortion regulation through Congress’s powers under the Commerce Clause, the Fourteenth Amendment, and the Spending Clause. Finally, the article reflects on the potential impact of the 2024 presidential election on the future of abortion law in the United States, suggesting that the legal landscape will remain dynamic and contentious for the foreseeable future.

Keywords: Abortion, Dobbs, EMTALA, Congressional powers, Administrative Law