Abortion was generally legal when the U.S. was founded. Anti-abortion laws didn’t start to appear until c. 1820.
If you scroll to the bottom of this page, there is a series called “The Truth About Abortion.” In one of the talks, “The History of Abortion,” Jeff Crandall discusses abortion laws and the evolution of abortion techniques.
catholicaudio.blogspot.com/search/label/Abortion
These are excerpts from the power point presentation:
British Common Law (1300-1850)
“Whether abortion of a quick fetus was a felony at
common law, or even a lesser crime, is still
disputed. Bracton, writing early in the 13th
century, thought it homicide. But the later and
predominant view, following the great commonlaw
scholars, has been that it was, at most, a
lesser offense. In a frequently cited passage,
Coke took the position that abortion of a woman
“quick with child” is “a great misprision
[misdemeanor], and no murder.” Blackstone
followed, saying that while abortion after
quickening had once been considered
manslaughter (though not murder), “modern
law” took a less severe view.”
(From Roe v Wade)
The American Medical
Association
In the mid 1800’s, concern about women’s safety,
falling birth rates, and indecent advertising, and
the discovery of the real nature of conception,
caused legal opinion to change. Led by
Horation Robinson Storer, a Boston physician,
the newly formed AMA (1847) began to lobby
politically for the outlawing of abortion at any
stage of gestation.
In the 20 years following, 31 states passed or
amended their laws on abortion to protect preterm
infants at all stages of gestation.
By 1910, every state had outlawed abortion.
Abortion went underground.
Surveys conducted by the AMA in the 1930’s
showed widespread illegal abortion still going
on.
By 1967, not much had changed. In 49 states,
abortion was a felony; in New Jersey, it was a
high misdemeanor. Furthermore, 29 states
banned abortion advertising, and many
outlawed the manufacture or distribution of
abortifacients.
Things begin to Change…
The American Law Institute (ALI) proposed,
in its 1959 model criminal code for all the
states, a “reform” abortion law. The model
bill, approved by ALI in 1962, declared that
abortion should be permitted for the
physical or mental health of the mother, for
fetal abnormality, and for rape or incest.
In June 1967, following the ALI model, the
American Medical Association voted to
change that body’s long-standing
opposition to abortion. With a new
resolution, the AMA now condoned
abortion for the life or health of the mother,
for a baby’s ‘incapacitating’ physical
deformity or mental deficiency, or for
cases of rape or incest.
In that same year state abortion laws began to
change, but only after years of organized
campaigns by pro-abortion forces.
Colorado, North Carolina, and California
became the first states to adopt versions of
the ALI “reform” abortion law.
By 1970, four states - New York, Alaska,
Hawaii and Washington - passed laws that
basically allowed abortion on demand. Of
those four, New York’s was the only law
without a residency requirement and the state
quickly became the nation’s abortion capital.
Roe v. Wade (1973)
“Texas urges that, apart from the Fourteenth
Amendment, life begins at conception and is
present throughout pregnancy, and that,
therefore, the State has a compelling interest in
protecting that life from and after conception. We
need not resolve the difficult question of when
life begins. When those trained in the respective
disciplines of medicine, philosophy, and
theology are unable to arrive at any consensus,
the judiciary, at this point in the development of
man’s knowledge, is not in a position to
speculate as to the answer.” (IX.B)