From Pro-Life to Abortion Up to Birth: The Impact of Abortion Amendments

Courts, constitutional amendments, and shield laws have chipped away at protections for unborn children in pro-life states

Washington D.C.—A new Charlotte Lozier Institute (CLI) paper analyzes how abortion advocates—through court rulings, constitutional amendments, and shield laws—effectively removed any meaningful limits on abortion in some formerly pro-life states.

The paper explores the legal landscape in pro-abortion states post-Dobbs, specifically focusing on Arizona, Michigan, Missouri, Montana, and Ohio. These states shifted from having pro-life legal frameworks to recognizing abortion as a state “constitutional right,” despite the U.S. Supreme Court’s rejection of that claim nationally in the Dobbs decision.

Key points

• States where abortion ballot measures have passed functionally legalized abortion up to birth. Limits based on viability or gestational age are nullified by undefined or broad definitions of “health,” effectively allowing abortion for nearly any reason at any time.
• Out-of-state abortion advocates waged multimillion-dollar campaigns to flip pro-life states. Abortion advocates bombarded voters with emotionally manipulative and misleading propaganda that overwhelmed pro-life campaigns. These initiatives exploited tragic stories and conflated abortion with miscarriage care, which is legal in every state.
• State courts struck down longstanding health and safety protections. These include waiting periods, informed consent laws, parental requirements, and ultrasound provisions. For example, a Michigan court said ensuring a pregnant woman is fully informed before making a life-altering decision infringes on her decision-making.
• Shield laws enable abortion drugs to be shipped into pro-life states. 22 states plus D.C. shield abortionists mailing abortion drugs into pro-life states and block interstate cooperation. Some states allow abortionists to omit their names from the drug packaging and don’t require abortionists to have a license.

Karen Czarnecki, executive director of CLI, said

“The Dobbs decision was a massive victory in the fight to protect unborn life, but that doesn’t mean the abortion issue is settled in the U.S. In fact, this paper perfectly illustrates how the fight has changed. The pro-life movement must continue advancing policies grounded in science, constitutional integrity, and respect for women and unborn babies—and push back against laws and a culture that continue to exploit both.”

To read the paper, click here.

Charlotte Lozier Institute was launched in 2011 as the education and research arm of Susan B. Anthony Pro-Life America. CLI is a hub for research and public policy analysis on some of the most pressing issues facing the United States and nations around the world. The Institute is named for a feminist physician known for her commitment to the sanctity of human life and equal career and educational opportunities for women.

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