ld be born with grave physical or mental defects; or (iii) pregnancy had resulted from rape or incest. The most liberal abortion reform statute was that of New York, which "became the mecca of legalized abortions during the 1970s," and which legalized abortion on demand after the 24th week of pregnancy. In 1969, Oregon adopted a statute which followed the Model Penal Code. It added a provision which held harmless a physician who performed an abortion, provided that a second physician concurred in his or her opinion that the abortion was necessary to protect the health of the mother or others. Three other states, Alaska, Hawaii and Washington, also enacted abortion on demand statutes subject only to the condition that the fetus not be viable at the time the abortion was performed.
Another 11 states adopted before 1973 therapeutic abortion laws which permitted abortions in cases of medical necessity and where pregnancy resulted from rape or incest.
Roe v. Wade (and Doe v. Bolton). At issue in Roe v. Wade was the constitutionality of a 19th century Texas statute which prohibited abortion "except when procured or attempted by medical advice for the purpose of saving the life of the mother." In Doe v. Bolton, at issue was the constitutionality of the Georgia abortion law cited supra. By affirming lower federal court decisions in Texas and Georgia, the Supreme Court declared both statutes unconstitutional. The effects of these decisions were even more far-reaching. According to Wardle & Wood, they effectively invalidated in total or in part the abortion laws of all 50 states (except possibly the New York abortion on demand law) and by making abortion a constitutionally protected right, the regulation of abortion by the states "became subject to the strict compelling state interest test of judicial review which allows little room for deviation from the constitutional standard."
These holdings which were by a majority of seve...