Ethical Case
Study: Abortion

Ethical Case Study: Abortion

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In 2022, the U.S. Supreme Court made a landmark decision in Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). These rulings had previously established and upheld a woman's constitutional right to an abortion. The Dobbs ruling effectively returned the power to regulate or ban abortion to individual states, leading to a patchwork of abortion laws across the country.

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One significant example of these changing laws is Florida, which passed a law in 2022 restricting abortions after 15 weeks of pregnancy, with no exceptions for rape or incest. The law, House Bill 5 (HB 5), took effect on July 1, 2022, and is currently being challenged in court. Prior to HB 5, Florida allowed abortions up to 24 weeks, but the new law mirrors similar restrictions in other conservative states. Governor Ron DeSantis has expressed support for even stricter laws in the future. This places Florida among the more restrictive states in terms of abortion access, especially in the Southeast, where nearby states like Georgia and Alabama have implemented even more severe abortion bans.

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This legal shift has had immediate effects on Florida’s abortion clinics and the women seeking services. For instance, Anna, a 29-year-old mother of two from Tampa, found herself pregnant after experiencing contraceptive failure. At 16 weeks into her pregnancy, she realized she would no longer be able to access a legal abortion in Florida due to the passage of HB 5. Anna had to travel to Illinois—over 1,000 miles away—to terminate her pregnancy, a journey that required time off from work, childcare arrangements for her children, and significant financial strain.

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The Florida law is part of a broader national trend toward more restrictive abortion access in the wake of the Supreme Court’s Dobbs decision. States such as Texas, with Senate Bill 8 (SB 8), and Alabama have passed near-total bans on abortion, while others, like California and New York, have expanded protections for abortion rights. As of 2023, at least 14 states have implemented near-total abortion bans, while 16 states have laws protecting the right to abortion, creating a sharp divide across the country.

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The impact of these laws is significant. According to the Guttmacher Institute, nearly 1 in 4 U.S. women will have an abortion by the age of 45. The majority of abortions occur early in pregnancy: in 2019, 93% of abortions were performed at or before 13 weeks, and only 1.2% were performed after 20 weeks. However, with new state laws like Florida’s restricting abortion access, even early abortions are becoming more difficult to obtain for many women.

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Florida’s HB 5 particularly affects low-income women and women of color, who may not have the financial resources or job flexibility to travel out of state for an abortion. Nationally, 75% of abortion patients live at or below the federal poverty line. The financial costs, combined with barriers like lack of transportation or access to healthcare, disproportionately impact these vulnerable populations. Amanda, a 24-year-old from rural Florida, was unaware she was pregnant until 12 weeks. By the time she gathered enough money and transportation to reach a clinic, she was at 17 weeks, just over the legal limit in Florida. She had no choice but to continue the pregnancy, which forced her to drop out of school and work multiple jobs to support herself.

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Proponents of abortion restrictions argue that life begins at conception, and therefore the state has a moral duty to protect the unborn. They point to scientific advancements, such as studies that suggest fetuses may begin to feel pain at around 20 weeks, to justify these restrictions. For example, Florida Right to Life, an anti-abortion advocacy group, claims that these restrictions are necessary to protect both the fetus and society's moral standards.

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Opponents of restrictive abortion laws, however, argue that such measures infringe on women’s bodily autonomy and disproportionately harm those who are already marginalized. They also warn that restricting legal abortion can lead to an increase in unsafe procedures. Globally, the World Health Organization (WHO) estimates that around 25 million unsafe abortions occur each year, leading to approximately 47,000 deaths and millions of injuries. In the U.S., unsafe abortion procedures are a growing concern in states with strict bans, as women seek dangerous alternatives when legal options are unavailable.

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The Dobbs decision has not only affected the legal landscape but also the healthcare systems in states like Florida. Clinics have been forced to close, doctors are under pressure, and patients face long wait times for appointments in states where abortion remains legal. This case study explores the ethical conflict between the right to bodily autonomy, the protection of potential life, and the social and economic impact of restricted access to reproductive healthcare.

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Analysis Questions:

1. Should a woman’s right to choose an abortion, like Anna's or Amanda's, take precedence over the fetus’s right to life?

2. At what point, if any, should the government intervene in a woman’s decision to have an abortion, and how does Florida’s 15-week ban align with ethical considerations?

3. How can society protect the autonomy of women while also considering the moral status of the fetus?

4. Does restricting abortion access, as in Florida, disproportionately harm low-income women and women of color?

5. Should abortion laws be consistent across the U.S., or should individual states like Florida be allowed to set their own policies?