Critical Analysis

1. According to the data from the (August 7, 2022) map above, in how many states is abortion legal?

2. According to the data from the map above, how many women of reproductive age live in states where abortion is currently banned?

3. According to the data from the map above and this companion table, what is the status of the legality of abortion in your state?

4. In what way does this map and table illustrate the concept of federalism?

5. As of August 4, in four states legislative bans on abortions had been temporarily blocked by judges. How does that illustrate the concept of checks and balances?

6. As of June 23, 2022, the entire map above would have been green (in other words, abortion was legal in all states). On June 24, in Dobbs v. Jackson Women’s Health Organization (2022), the Supreme Court ruled 6-3 that the Constitution does not confer a right to abortion; overturning precedent set in Roe v. Wade (1973).

7. According to the data from the chart below, identify the % of American adults in 2021 who said abortion should be legal in all/most cases and then, describe one trend in the data between 1995 and 2021.

8. There is no federal law that protects the right to have an abortion. What would happen to the legality of abortion if the U.S. Congress passed a bill legalizing abortion and the president signed the bill?

9. If we had a purely democratic system and took a vote on abortion’s legality, based on the data from the chart above, abortion would probably be legal. But we don’t vote on certain things, and certain rights are protected no matter their popularity. What is the name of the type of democracy which protects the rights of the minority?

10. Explain how much you believe the issue of abortion will impact the upcoming 2022 midterm elections?

Visual Extension

Learning Extension

Check out the Guardian’s table of the legality of abortion by state.

• The landmark Supreme Court case, Roe v. Wade (1973) ruled that In the first trimester of pregnancy, the state may not regulate the abortion decision; only the pregnant woman and her attending physician can make that decision. In the second trimester, the state may impose regulations on abortion that are reasonably related to maternal health. In the third trimester, once the fetus reaches the point of “viability,” a state may regulate abortions or prohibit them entirely, so long as the laws contain exceptions for cases when abortion is necessary to save the life or health of the mother. The constitutional right to privacy forms the basis of the ruling in Roe v. Wade, yet the words, “right to privacy” do not exist, word for word, in the U.S. Constitution. Where does the constitutional right to privacy come from, and what Amendments to the Constitution form the foundation of this right to privacy?

Action Extension

Although the House of Representatives has passed legislation guaranteeing the right to abortion, it is unlikely the U.S. Senate will pass that legislation and ensure abortion rights in all states. And although President Biden has signed executive orders supporting abortion rights, there is little he can do to ensure access to abortion in all states. But the Congress has the Constitutional authority to increase the size of the Supreme Court. The Constitution does not stipulate the number of Supreme Court Justices; the number is set instead by Congress. There have been as few as six, but since 1869 there have been nine Justices, including one Chief Justice. And President Biden could appoint addition members to an enlarged Supreme Court. Contact the President and share your opinion on reproductive rights, the concept of expanding the size of the Supreme Court, and any future Supreme Court nominees.