The Impact of State Laws Criminalizing Abortion

Summary

On August 5, 2022, Indiana joined 19 other states whose laws criminalize abortion prior to viability in the wake of the recent U.S. Supreme Court decision in Dobbs v. Jackson Women's Health Organization, 2022 U.S. LEXIS 3057 (S. Ct. June 24, 2022). In many of these states, performing an illegal abortion constitutes a felony, giving rise to significant civil and criminal penalties, including jail time. While it remains to be seen which of these laws ultimately survives the many court challenges currently under way, providers are struggling to understand the line between what is legal and what constitutes a crime. That question, however, is only the tip of the iceberg. This article provides an overview of the current state laws criminalizing abortion and the broader implications of those laws.