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On April 18, 2007, the Supreme Court handed down its decision to uphold the Federal Abortion Ban in Gonzales v. Carhart and Gonzales v. Planned Parenthood. This decision shows Bush's appointees have moved the Court in a direction that could further undermine Roe v. Wade and protections for women's health. The door is now open for politicians like George W. Bush to interfere even more in our personal, private medical decisions. The Court has given anti-choice state lawmakers the green light to open the flood gates and launch additional attacks on safe, legal abortion, without any regard for women's health. Click here to learn more.
In 2000, the Court struck down a similar state ban on abortion as unconstitutional and reinforced the precedent that all abortion-related restrictions must include an exception to protect women's health. Congress nonetheless ignored the Court's decision, and modeled the Federal Abortion Ban after the unconstitutional state law.
Litigation Background
Three federal courts held trials to consider the constitutionality of the Federal Abortion Ban; each declared the ban unconstitutional and stopped the government from enforcing it. The Bush administration appealed all three cases to their respective U.S. Circuit Courts of Appeals. In July, the Eighth Circuit upheld the decision issued by the district court in Nebraska; then in February, the Second Circuit and the Ninth Circuit upheld the decisions of their respective district courts.
Learn More
Get detailed legal analysis of the Federal Abortion Ban Supreme Court cases, and learn more by reading our fact sheets:
What about my state?
The anti-choice movement's ultimate goal is to outlaw abortion in all circumstances. While 15 states still have laws on the books that would ban abortion throughout pregnancy, the Roe v. Wade decision prevents these bans' enforcement. The anti-choice movement has made progress toward its goal, however. State legislatures across the country continue to introduce new total bans to challenge Roe in the courts, and the majority of state legislatures and Congress have passed unconstitutional laws that would ban safe and medically appropriate abortion care as early as the 12th week in pregnancy.
In 2006, 14 states, including South Dakota, Louisiana, and Ohio, considered statewide abortion bans.
For more information about nationwide trends in abortion bans, click here. | 
