Abortion laws

The basics

A note on words: people who favor restrictions often call their view pro-life, and people who favor legal access often call theirs pro-choice. This page describes each view by what it supports instead.

On June 24, 2022, in Dobbs v. Jackson Women's Health Organization, the Supreme Court ruled that Roe v. Wade and Planned Parenthood v. Casey were wrongly decided, overruled them, and returned the authority to regulate abortion to the people and their elected representatives¹.

Since then, state laws have varied widely. Some states ban most abortions, some set limits after a certain number of weeks, and others protect access. Congress could pass a national law in either direction but has not.

Abortion pills are now at the center of the fight, especially pills sent by mail across state lines⁴.

Public opinion is divided. In a January 2026 Pew Research Center survey, 60% of U.S. adults said abortion should be legal in all or most cases, down from 63% in 2024². Views split sharply by party: 63% of Republicans said it should be illegal in all or most cases, while at least 84% of Democrats have said it should be legal in all or most cases in each survey since 2022².

Key terms

Dobbs decision

The June 24, 2022, Supreme Court ruling that overturned Roe v. Wade and returned abortion law to elected officials¹.

Trigger law

A law written to take effect automatically if Roe v. Wade were overturned. Texas's took effect on August 25, 2022³.

Medical emergency exception

Texas allows an abortion when the pregnancy threatens the woman's life or a major bodily function. A 2025 law clarified that the threat does not have to be imminent or irreversible⁵.

Medication abortion

Ending an early pregnancy with prescription pills rather than a procedure. Mifepristone is the main drug involved.

Viability

The point at which a fetus could survive outside the womb with medical help. It is the dividing line in one of the views below.

In Texas

Texas law bans abortion from fertilization under the Human Life Protection Act (House Bill 1280, passed in 2021)⁷. The only exception is when a pregnancy-related physical condition puts the patient at risk of death or of serious impairment of a major bodily function⁷. There is no exception for rape or incest³. The ban took effect August 25, 2022³. Performing an illegal abortion is a first or second degree felony, and the law protects the woman who obtains an abortion from criminal, civil or administrative penalties⁶⁷.

In 2025, the Legislature passed the Life of the Mother Act (Senate Bill 31) to clarify the emergency exception⁵. It says a threat to the woman's life or major bodily function does not have to be imminent, and that doctors talking with colleagues, hospital staff or lawyers about the exception are not aiding and abetting a crime⁵.

Also in 2025, Texas passed House Bill 7, which took effect December 4, 2025⁴. It lets private citizens sue anyone who manufactures, prescribes, mails or otherwise provides abortion pills in or to Texas, with damages of at least $100,000 per violation⁴. Women who take the pills cannot be sued⁴.

An earlier Texas law, Senate Bill 8 (2021), bans abortion once a fetal heartbeat is detected and lets private citizens sue anyone who performs or helps with such an abortion, for at least $10,000⁸. It does not allow lawsuits against the woman⁸.

How people see it

The strongest case for each view, in terms its supporters would recognize. We don't pick a side.

Questions to ask a candidate

• Should Texas add exceptions for rape or incest to its abortion ban?
• Would you support a national abortion law? What would it say?
• Do Texas doctors now have clear enough guidance on when they can act in a medical emergency?
• Should abortion pills be available by mail, and should states be able to stop them from crossing state lines?