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There have been many federal court cases dealing with abortion. This libguide only mentions four of the biggest US Supreme Court cases, and a recent federal circuit court decison. On the legislative front, also see the Hyde Amendment page of this libguide.
1 U.S. Code § 8
In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words “person”, “human being”, “child”, and “individual”, shall include every infant member of the species homo sapiens who is born alive at any stage of development.
18 U.S. Code § 248
Makes it a crime to block access to abortion clinic entrances.
18 U.S. Code § 1461
Makes mailing very article or thing designed, adapted, or intended for producing abortion illegal.
18 U.S. Code § 1531
Partial-birth abortions criminalized, except when to save the life of the mother.
18 U.S. Code § 1841
Protection of unborn children
20 U.S. Code § 1688
Title IX, which banned discrimination against girls in education, is to be construed as neutral with respect to abortion.
21 U.S. Code § 331
Prohibition against misbranded drugs.
21 U.S. Code § 355
Prohibition on unapproved new drugs
42 U.S. Code § 289g
Restrictions on fetal research
42 CFR Part 59
The Biden administration on Monday revoked a Trump-era rule that bars clinics that receive federal family planning funding from referring patients for abortions.
28 CFR § 551.23
A federal prison inmate has the responsibility to decide either to have an abortion or to bear the child.
42 CFR § 59.14
A Title X project may not perform, promote, refer for, or support abortion as a method of family planning, nor take any other affirmative action to assist a patient to secure such an abortion.
Fed.Register modifications to 42 CFR Part 59 (2019)
Prohibits abortion referrals in clinic accepts Title X Family Planning Funds.
42 CFR § 441.203
Federal medicaid dollars are only available for an abortion when a physician has found, and certified in writing to the Medicaid agency, that on the basis of his professional judgment, the life of the mother would be endangered if the fetus were carried to term. The certification must contain the name and address of the patient.
42 CFR § 457.475
Title XXI (State Children's Health Insurance Programs) funds are not available for abortions except in cases of rape, incest, or to save the life of the mother.
45 CFR § 800.602
On the ACA exchanges,an issuer may not offer abortion coverage in any State where such coverage of abortion services is prohibited by State law. If an issuer chooses to offer an option that covers non-excepted abortion services, in addition to an option that does not cover non-excepted abortion services, the issuer must provide notice to consumers prior to enrollment that non-excepted abortion services are a covered benefit.
Memorandum on Protecting Women’s Health at Home and Abroad
Biden's Executive Order of 1/28/21 Biden rescinded the “Global Gag Rule,” also called the Mexico City Policy, brought in originally by President Ronald Reagan in the 1980s, which said even the mention of abortion services by an non-governmental organizations barred them from receiving funding from the United States.
JD v. Azar
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT Decided June 14, 2019
The Trump administration cannot block pregnant, undocumented teenagers held in government custody from getting abortions.