principal pre-Roe statutes prohibited performance of
an abortion on a pregnant woman unless the procedure was “necessary
to preserve her life or that of the child,” and made
a woman’s participation in her own abortion after quickening
a criminal offense (subject to the same exception). An
attorney general opinion ruled that the statutes were unconstitutional
under Roe to the extent that they prohibited most first
and second trimester abortions. The
substantive provisions of these statutes were repealed in 1973
and replaced with provisions conforming to the requirements
of Roe v. Wade and Doe v. Bolton. The
substance of the pre-Roe provisions would not be revived
by a decision overruling Roe v. Wade. Abortions could
be performed for any reason before the twenty-fourth week of
pregnancy, and for virtually any reason thereafter.
Nev. Rev. Stat. § 201.120 (1967).
Id. § 200.220.
No prosecutions were reported under this statute.
Nev. Att’y Gen. (Feb. 2, 1973).
Stat. 1637, 1639-40, ch. 766, §§ 7, 8.
allows abortions to be performed after the twenty-fourth
week of pregnancy to prevent grave impairment of the pregnant
woman’s physical or mental health. See Nev.
Rev. Stat. Ann. § 442.250 (Michie 2000). As the
experience in California demonstrated, mental health exceptions
were widely abused. See People v. Barksdale, 503
P.2d 257, 265 (Cal. 1972) (noting that more than 60,000
abortions were reported in 1970, more than 98% of which
were performed for alleged reasons of mental health).