Our dedication to pursuing justice for the unborn should not be abandoned simply because we have been losing the fight for half a century. Each time a federal court blocks newly passed pro-life laws, it highlights once again how abortion precedents are not only unjust but often opposed by the public. We should keep passing just laws, even if it’s only to signal to future generations that not everyone in our country endorsed the killing of unborn children.

“According to the Guttmacher Institute . . . the pace of restrictions enacted so far this year puts 2021 on track to see historic high numbers of abortion restrictions,” says the Associated Press. “At this point in 2011, regarded by the research institute as the most restrictive year for abortion rights since Roe v. Wade was decided, 42 restrictions had been enacted; this year, the nation is up to 61 restrictions enacted across 13 states.” As the Guttmacher report notes, “Since January, there have been 549 abortion restrictions, including 165 abortion bans, introduced across 47 states (all counts current as of May 16, 2021).”

Based on the language used in reporting on pro-life legislation, you’d think abortion has been all but outlawed in the United States. But one question is rarely asked, by either pro-lifers or abortion-rights advocates: “Which restrictions actually restrict abortion?” That is, which anti-abortion laws put a true limitation on access to abortion?

For example, it is unlikely any of the “165 abortion bans” will actually prohibit a woman from having an abortion and most of the “549 abortion restrictions” don’t restrict abortion at all. The reality is that pro-life legislation is hampered because federal law treats access to abortion as nearly sacrosanct, at least during the early stages of pregnancy. The more ambitious attempts to restrict abortion are therefore almost always blocked by federal courts. The result is that pro-life lawmakers are pressured to “do something” even when they know the laws they pass will have no effect—at least until Roe v. Wade is overturned or made irrelevant.

While it may currently be an exercise in futility, there is still considerable value in passing pro-life legislation. Our dedication to pursuing justice for the unborn should not be abandoned simply because we have been losing the fight for half a century. Each time a federal court blocks newly passed pro-life laws, it highlights once again how abortion precedents are not only unjust but often opposed by the public. We should keep passing just laws, even if it’s only to signal to future generations that not everyone in our country endorsed the killing of unborn children.

Still, it is useful to know which types of laws currently impose actual limitations on abortion and which do not. For the purpose of this article, a restriction will refer to a currently enforceable law that regulates or limits whether, when, and under what circumstances an abortion may be obtained.

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