Also known as:abort · aborts · aborted · aborting · abortee · abortions · aborticide · abortifacient · abortionist · abortionists · termination of pregnancy · feticide
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
termination of pregnancy
An artificially induced termination of a pregnancy undertaken to destroy an embryo or fetus. The federal Constitution confers no right to obtain an abortion. Regulation of abortion is returned to the states and is subject to rational basis review absent some other independently applicable constitutional protection.
Sense 1
1
termination of pregnancy
An artificially induced termination of a pregnancy undertaken to destroy an embryo or fetus. The federal Constitution confers no right to obtain an abortion. Regulation of abortion is returned to the states and is subject to rational basis review absent some other independently applicable constitutional protection.
Sources & Authorities· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Sense 2
2
cancellation of operation
The termination or cancellation of a legal proceeding or physical operation when manifest necessity requires discontinuance.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
The termination or cancellation of a legal proceeding or physical operation when manifest necessity requires discontinuance.
Each sense below has its own examples, sources, and questions.
Examples6
State Ban Upheld After Dobbs
Amelia Amari sought an abortion at a clinic in her home state after the legislature enacted a near-total prohibition. The clinic refused under the new statute. Amelia sued the state, claiming a federal constitutional right to the procedure. The court dismissed the claim because no such right exists and the ban satisfies rational basis review.
Insurer Coverage Exclusion Challenged
Alice Atkins and other insured women challenged a state rule barring insurers from covering most abortion services. They argued the scheme violated substantive due process. The court upheld the regulation because the federal Constitution supplies no right to abortion and the coverage limits meet rational basis review.
Pre-Viability Restriction Tested
Abigail Alvarez requested an abortion before fetal viability at a state hospital. The hospital denied the request under a statute limiting the procedure to cases of rape or life endangerment. Abigail sued claiming the limit was unconstitutional. The court applied rational basis review and upheld the statute.
Criminal Prohibition Litigated
Anika Anand, a physician, faced prosecution under a state criminal statute for performing an elective abortion. She moved to dismiss on the ground that the Constitution protected the procedure. The court denied the motion because the Constitution no longer recognizes a federal right to abortion.
Family Autonomy Claim Rejected
Aisha Ahmed and her spouse sought to terminate a pregnancy after receiving a diagnosis of severe fetal anomaly. State law prohibited the procedure except to save the mother's life. They argued the ban violated substantive due process rights tied to family decisions. The court rejected the claim under rational basis review.
Bodily Autonomy Argument Dismissed
Angela Acosta challenged a state statute criminalizing most abortions as an infringement on personal medical autonomy. She contended the law violated due process protections for bodily integrity. The court upheld the statute because abortion regulation is subject only to rational basis review.
Frequently Asked4
Does the federal Constitution protect a right to obtain an abortion?+
No. The Supreme Court has held that the federal Constitution does not confer a right to abortion. Earlier decisions recognizing such a right have been overruled. States may regulate or prohibit abortion subject to rational basis review and other applicable constitutional limits.
Supporting sources
What standard of review applies to state abortion regulations?+
Rational basis review applies. Because no fundamental right to abortion exists, a state law regulating abortion need only be rationally related to a legitimate governmental interest such as protecting potential life or regulating the medical profession.
Supporting sources
Can a state penalize financial assistance for obtaining abortions?+
Yes. A state may impose fines on persons or entities that provide financial assistance for abortions. Such a law satisfies rational basis review when it advances the state's interest in protecting potential life and is not shown to burden any other independently protected constitutional right.
Supporting sources
May a state bar insurers from covering abortion services?+
Yes. A state may prohibit insurers from covering abortion procedures. The regulation receives rational basis review and will be upheld if it is rationally related to legitimate interests such as protecting prenatal life or controlling insurance markets.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…by a large class of females—aye, and men also, on this important question." Except for periodic condemnation of the criminal abortionist, no further formal AMA action took place until 1967. In that year, the Committee on Human Reproduction urged the adoption of a stated policy of opposition to induced abortion, except when…