Justice Alito referred to what he called the “factual findings” of the Mississippi Legislature that passed the 2018 law challenging Roe. The law makes most abortions illegal after 15 weeks of pregnancy, about two months earlier than Roe.
Those six countries, Justice Alito wrote, were Canada, China, the Netherlands, North Korea, Singapore and Vietnam. He added that Iceland and Guinea-Bissau were similarly permissive.
This is accurate, based on the letter of international laws. But comparing gestational limits alone does not present a full picture of abortion access in different countries. As The Upshot reported, several countries that specify gestational limits also provide broad exceptions. In Britain, for example, an abortion must be approved by two doctors, but those requests are generally granted. In Denmark and Germany, exceptions for a gestational limit of 12 weeks are made for mental and physical health as well as for life circumstances.
From Opinion: A Challenge to Roe v. Wade
Commentary by Times Opinion writers and columnists on the Supreme Court’s upcoming decision in Dobbs v. Jackson Women’s Health Organization.
- Maureen Dowd: Samuel Alito’s draft opinion, which calls for overturning Roe v. Wade, is the culmination of the last 40 years of conservative thinking, showing that the Puritans are winning.
- Tish Harrison Warren: For many pro-life and whole-life leaders, a Supreme Court decision overturning Roe would represent a starting point, not a finish line.
- Matthew Walther, Editor of a Catholic Literary Journal: Those who oppose abortion, should not discount the possibility that its proscription will have some regrettable consequences. Even so, it will be worth it.
- Gretchen Whitmer, Governor of Michigan: If Roe falls, abortion will become a felony in Michigan. I have a moral obligation to stand up for the rights of the women of the state I represent.
Similarly, in New Zealand, a 2020 law allowed for abortion up to 20 weeks, and beyond if a medical practitioner deemed it appropriate and considered the woman’s physical and mental health. Opponents of abortion rights criticized the law as overly permissive and vague.
A pair of amici briefs illustrates how abortion laws can be cast to make different comparisons.
In a brief submitted on behalf of Mississippi, a European Christian group claimed the majority of European countries allow abortion after the gestational limit “only under exceptional circumstances” like rape or incest, fetal abnormalities or danger to the mother. (Mississippi’s law does not include exceptions for rape or incest.)