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

U of St. Thomas (Minnesota) Legal Studies Research Paper No. 25-02

Abortion: a comparative perspective, Centro para el Bien Común Global Instituto Razón Abierta (2025)

33 Pages Posted: 13 Feb 2025

See all articles by Teresa Stanton Collett

Teresa Stanton Collett

University of St. Thomas - School of Law (Minnesota)

Date Written: February 12, 2025

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

Suggested Citation

Collett, Teresa Stanton, The Unsettled (and Unsettling) State of Abortion Law in the United States in 2024 (February 12, 2025). U of St. Thomas (Minnesota) Legal Studies Research Paper No. 25-02, Abortion: a comparative perspective, Centro para el Bien Común Global Instituto Razón Abierta (2025), Available at SSRN: https://ssrn.com/abstract=5135356 or http://dx.doi.org/10.2139/ssrn.5135356

Teresa Stanton Collett (Contact Author)

University of St. Thomas - School of Law (Minnesota) ( email )

MSL 400
1000 La Salle Avenue
Minneapolis, MN 55403-2005
United States

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