Legislative Blog

J.B. Williams, J.D.


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A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Other and more specifically Abortion as it relates to that topic.

Brief Summary of Other

Topics here may be related to legal matters but not innately legal. For instance, discussing grocery plastic bags versus cotton cloth bags. The item itself is not legal but many city governments have placed it into legislation.

Summary of Abortion

This topic is getting a lot of press again right now. It is always bubbling in the background, and now it seems to be at a boil. My opinion has always been that this is not a right protected under the constitution - that is there is no right to an abortion. I feel much the same about the claim of right to healthcare. You do not have the right to force someone else to provide these things to you. That being said, I also feel that you should not be required to continue a pregnancy that was a mistake - either contraceptive failure or assault. But I also feel that you need to be a responsible adult, and at a point there is a life inside of you that is owed protections as well. Since I do not think it is a Constitutional right, I have always felt state legislatures should be the ones making the laws. And they should be responding to their constituents when doing so.

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Blog Summary

This is merely a restatement of the laws in place, as per the leaked opinion. More often than not, there were jail/prison times associated with performing abortions. Some states had different punishments depending on whether it was a quick child.

A quick child was a shorthand term for a child that had moved in the womb. It was confirmation of pregnancy, or (potential) life.



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States and Territory Laws pre-14th Amendment

Published: 2022-05-21

The court went on to list the statues in place in the States that criminalized abortion in 1868. 37 states and 14 territories.

  • Missouri enacted in 1825 provided for imprisonment not exceeding 7 years and fines up to $3,000
  • Illinois enacted in 1827 provided for imprisonment not exceeding three years and fines up to $1,000.
  • New York enacted 1828 provided for abortion of a quick child, unless necessary to preserve the life of a the mother or advised by 2 physicians as necessary, would be guilty of manslaughter to the second degree.
  • Ohio enacted in 1834 prohibited abortion except to safe the life of the mother or advised necessary by 2 physicians and doing so would be punishable by imprisonment up to 1 year and/or by fine up to $500. If it were a quick child, then imprisonment not more than 7 years nor less than 1 year.
  • Indiana enacted 1835 unless to preserve the life of the mother, an abortion carried punishment up to 12 months in jail and a fine not more than $500.
  • Maine enacted in 1840, unless to preserve the life of the mother, provided imprisonment of not more than 5 years and fine not exceeding $1,000.
  • Alabama enacted in 1841, unless to preserve the life of the mother, provided imprisonment of not less than 3 months but not more than 6, and a fine up to $500.
  • Massachusetts enacted in 1845, abortion would be a felony if the woman died and provided for imprisonment of not more than 20 years. If the women did not die, then imprisonment not exceeding 7 years but not less than 1 year and a fine u to $2,000.
  • Michigan enacted in 1846 for abortion of a quick child and unless to preserve the life of the mother or advised by 2 physicians as necessary, provided guilty of manslaughter. Prior to quick, then unless to preserve the life of the mother or advised by 2 physicians to be necessary, provided imprisonment of not more than 1 year and a fine not exceeding $500.
  • Vermont enacted in 1846, if the mother died due to abortion than guilty of a felony. If the mother does not die, then imprisonment of up to 3 years but not less than 1 year, and a fine not exceeding $200.
  • Virginia enacted in 1848, unless to preserve the life of the mother, if a quick child imprisonment up to 5 years but not less than 1 year. If prior to quick then imprisonment up to 12 months but not less than 1 month.
  • New Hampshire enacted in 1849, unless to preserve the life of the mother or advised by 2 physicians to be necessary, provided for imprisonment up to 1 year and/or a fine not exceeding $1,000. If a quick child, unless to preserve the life of the mother or advised by 2 physicians to be necessary, confinement to hard labor up to 10 years but not less than 1 year, and a fine up to $1,000.
  • New Jersey enacted in 1849 provided, if the women died, imprisonment of hard labor up to 15 years and a fine u to $1,000. If the women did not die than a hard labor not exceeding 7 years and/or a fine up to $500.
  • California enacted in 1850, unless to safe the life of the mother, provided for imprisonment of up to 5 years but not less than 2 years.
  • Texas enacted in 1954 provided confinement with hard labor not exceeding 10 years.
  • Louisiana enacted in 1856 provided confinement of hard labor not exceeding 10 years and not less than 1 year.
  • Iowa enacted in 1858, unless to preserve the life of the women, provided imprisonment not exceeding 1 year and a fine up to $1,000.
  • Wisconsin enacted in 1858, unless to preserve the life of the women or advised by 2 physicians to be necessary, would be guilty of manslaughter in the second degree. Kansas enacted in 1859, unless to preserve the life of the women or advised by 2 physicians to be necessary, would be guilt of manslaughter in the second degree.
  • Connecticut enacted in 1860, unless to preserve the life of the women or advised by 2 physicians to be necessary, would be guilt of manslaughter in the second degree.
  • Kansas enacted in 1959, unless to preserve the life of the women, provided for imprisonment of up to 5 years but not less than 1 year and/or a fine up to $1,000.
  • Pennsylvania enacted in 1860, if a quick child, provided for imprisonment not exceeding 7 years and a fine up to $500. If not a quick child, then imprisonment not exceeding 3 years and a fine up to $500.
  • Rhode Island enacted in 1861, unless to preserve the life of the women, provided for imprisonment of up to 1 years or a fine up to $1,000.
  • Nevada enacted in 1861, unless to preserve the life of the women, provided for imprisonment of up to 5 years but not less than 2 years.
  • West Virginia enacted in 1863, unless to preserve the life of the women, provided for imprisonment of up to 5 years but not less than 1 year.
  • Oregon enacted in 1864, unless to preserve the life of the women, found guilty of manslaughter.
  • Nebraska enacted in 1866 provided for imprisonment of up to 7 years but not less than 1 year and/or a fine up to $1,000.
  • Maryland enacted in 1868, unless to preserve the life of the women, provided for imprisonment of up to 3 years or a fine not exceeding $500.
  • Florida enacted in 1868, unless to preserve the life of the women or advised necessary by 2 physicians, for a quick child and the woman dies, shall be guilty of manslaughter in the second degree. Otherwise imprisonment for up to 7 years but not less than 1 year or a fine not exceeding $1,000. When the women does not die, then imprisonment of not more than 7 years but not less than 1 year or a fine not exceeding $1,000.
  • Minnesota enacted in 1873, unless to preserve the life of the women, and if the mother, provided for imprisonment of up to 10 years but not less than 3 years. If the mother does not die then imprisonment for not more than 2 years but not less than 1 year and/or a fine not exceeding $5,000.
  • Arkansas enacted in 1875, unless to preserve the life of the women, provided imprisonment of up to 5 years but not less than 1 years and a fine not exceeding 1,000
  • Georgia enacted in 1876, unless to preserve the life of the women or found to be necessary by 2 physicians, provided for guilt of an assault with the intent to murder.
  • North Carolina enacted in 1881, unless to preserve the life of the women, provided guilty of a felony and imprisonment of up to 10 years but not less than 1 years and a fine at the court's discretion.
  • Delaware enacted in 1883 provided for guilt of a felony with imprisonment of u to 5 years but not less than 1 year and a fine not exceeding $500.
  • Tennessee enacted in 1883, unless to preserve the life of the women, provided for imprisonment of up to 5 years but not less than 1 year.
  • South Carolina enacted in 1883, unless to preserve the life of the women, provided in case of the death of the women for imprisonment of up to 20 years but not less than 5 year. In the case where the women does not die for imprisonment of up to 5 years and a fine not exceeding $5,000.
  • Kentucky enacted in 1910, unless to preserve the life of the women, provided for imprisonment of up to 10 years but not less than 1 year and a fine not exceeding $500.
  • Mississippi enacted in 1952, unless to preserve the life of the women, provided if the women did not die for imprisonment of up to 10 years but not less than 1 year. If the women did die for guilty of murder. Preservation of the life of the women must be attested to prior to by 2 physicians.

The following were territories at the time.

  • Hawaii enacted in 1850, if quick child then provided for hard labor of up to 2 years and a fine not exceeding $1,000.
  • Washington enacted in 1854, unless to preserve the life of the women, provided for imprisonment of up to 20 years but not less than 1 year.
  • Colorado enacted in 1861 provided for imprisonment of up to 3 years and a fine not exceeding $1,000. If the woman died, then guilty by manslaughter.
  • Idaho enacted in 1864, unless to preserve the life of the women, provided for imprisonment of up to 5 years but not less than 2 year.
  • Montana enacted in 1864, unless to preserve the life of the women, provided for imprisonment of up to 5 years but not less than 2 year.
  • Arizona enacted in 1865, unless to preserve the life of the women, provided for imprisonment of up to 5 years but not less than 2 year.
  • Wyoming enacted in 1869, unless to preserve the life of the women, provided for imprisonment of up to 3 years and a fine not exceeding $1,000. If the women dies, then imprisonment for not less than 3 years and a fine not exceeding $1,000 and found guilty of manslaughter.
  • Utah enacted in 1876 provided for imprisonment of up to 10 years but not less than 2 year.
  • North Dakota enacted in 1877, unless to preserve the life of the women, provided for imprisonment of up to 3 years in territorial prison or county jail up to 1 year.
  • South Dakota enacted in 1877, unless to preserve the life of the women, provided for imprisonment of up to 3 years in territorial prison or county jail up to 1 year.
  • Oklahoma enacted in 1890, unless to preserve the life of the women, provided for imprisonment of up to 3 years in territorial prison or county jail up to 1 year.
  • Alaska enacted in 1899, unless to preserve the life of the women, provided for guilty by manslaughter.
  • New Mexico enacted in 1919 provided for imprisonment of up to 5 years and/or a fine up to $2,000. If the women dies then guilt of murder in the second degree unless 2 physicians deemed it necessary to preserve the life of the woman.
  • District of Columbia enacted in 1901, unless to preserve the life of the women, provided for imprisonment of up to 5 years. If the woman dies than imprisonment of up to 20 years but not less than 3 years.

 


J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.


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