Introduction I want to tell you a story about Roe v Wade to demonstrate the legality of abortion in the United States. This year marks the 30th anniversary after the controversial ruling of the Roe v Wade case in the Supreme Court of the United States of America. The 7-2 decision invoked the Fourteenth Amendment to the United States Constitution in the process of legalizing abortion (Greenhouse and Siegel 257). The matter became a state issue due to the widespread belief that the judges focused more on the rights of the doctors rather than the mothers. However, the judges maintained that they had to balance between protecting the mother and preserving maternal health. Abortion remains a controversial issue in the United States despite the …show more content…
landmark ruling set forth close to 30 years ago. Narrative Discussion on the abortion law in the United States is estimated to have begun in the 19th century. Justice Harry Blackmun historical analysis of abortion revealed that the society was hugely divided when it came to dealing with issues relating to abortion. Different professionals are also said to have restrictive and permissive attitudes towards abortion throughout the entire course of history. The political class during this time differed severely on whether to legalize or criminalize abortion in the United States. In the end, most states passed statutes criminalizing abortion. Connecticut was the first state to come up with such a law in 1821 (Solinger). By 1900, all states had enacted abortion legislation. During this period abortion was considered as a common crime in the United States; though, Judge Blackmun believed that the law had its roots in the English common laws. Prior to the court ruling in 1973, there were several cases related to abortion that were presented to the United States courts. One of the prominent cases involves Norma McCorvey. When Norma became pregnant in 1969, she decided to assert falsely that she had been a rape victim in order to secure a legal abortion. Norma hailed from Dallas, Texas, one of the states in the United States that fully implemented laws against abortion (Stewart et al. 307). Abortion was allowed in Texas in cases of incest and rape; therefore, this presented the perfect opportunity for the individual to secure the abortion legally (Solinger). The only problem was that Norma had not been raped since the local police department did not have rape case involving Norma. Norma resorted to obtaining an illegal abortion in one of the clinics in Texas only to discover that the clinic had been closed down several days before. Norma opted for a court case being represented by the lawyers Sarah Weddington and Linda Coffee. Unfortunately, Norma gave birth before the court case began. In 1970, Coffee and Weddington filed a suit in the District Court in Texas under the alias name Jane Roe in a bid to protect the interest of their client. The defendant in the case was known as Henry Wade, Dallas County District Attorney representing the state of Texas. Norma categorically came out to acknowledge that indeed the pregnancy was never about rape (Solinger). The court unanimously declared that the state of Texas was acting unconstitutionally by violating the rights of individuals protected by the Ninth Amendment of the United States Constitution (Lang and Russell 170). The court relied on a previous case that had been determined by Justice Arthur Goldberg in the case of Griswold v Connecticut. Conversely, the court declined to grant an injunction against the law. Nevertheless, Roe v Wade reached the United States Supreme Court in 1970. However, the case was delayed as another related case on abortion was ongoing. The Doe v Bolton saw the abortion law in Georgia overturned. Additionally, another case related to abortion, Younger v Harris, had also been presented to the United States Supreme Court, and the court felt that the appeals that had been raised in the above case would raise the difficulty in dealing with some of the cases (Stewart et al. 307). The latter case raised numerous questions on the judicial jurisdiction of the case. Similarly, United States v Vuitch raised question on the legality of abortion in the District of Columbia after a statute had been enforced stating that abortion would only be allowed in the state in cases where the mother health or life was endangered (Solinger). In this case, abortion was being treated as a medical procedure and allowed physicians to determine if abortion constituted a danger to the mother health. Immediately a decision was made in the case of United States v Vuitch, the Supreme Court became ready to listen to the case of Doe and Roe. After the first round of arguments in the court, all seven judges listening to the case came to the conclusion that the state of Texas was in violation of the constitution and the law was struck down on different grounds. The court retained the same decision even after the second round of arguments. Ultimately, a decision was made in 1973 by a majority of the 7-2 vote for Roe (Solinger). Justice Stewart and Burger filed concurring opinions, while Justice White filed a dissenting opinion. The court came to a conclusion that the abortion was a fundamental right that was envisioned in the United States Constitution and in doing so all laws that had been legislated relating to abortion came under strict scrutiny (Stewart et al. 307). The major reason why the law was adopted related to the Ninth Amendment to the United States Constitution. However, the Supreme Court did not adopt the district court argument on the Ninth Amendment rationale. Instead, the court relied on the Fourteenth Amendment law on personal restrictions and liberty since the court believed that the law was better placed to encompass women’s decision to whether to terminate their pregnancy or not (Stewart et al. 307). The Ninth Amendment to the United States Constitution did not create any federal rights, thus the fourteen Amendments were better placed in dealing with an issue of such magnitude (Saad). Justice Blackmun explicitly rejected the argument about notion of fetal right to life that had been advanced during the whole hearing.
Instead, the court recognized that the right to abortion was guaranteed under personal privacy. Thus, any law regulating abortion in any state across the United States was supposed to be justified by stating any of the compelling state interests. Additionally, any legislative enactment set forth should be tailored in meeting the compelling interests of all parties. The judges also agreed that the right to abortion was unlimited; therefore, it was important for the court to determine a framework that would balance the right to abortion and those of the government (Stewart et al. 307). The latter sought to protect the rights of all mothers and at the same time protect the human life. If the abortion law was completely unregulated, then there would be cases where individuals would practice abortion without factoring the important role of government in conserving life (Saad). As a result, the trimester framework that took the above issues into consideration was conceived. The framework established when the fundamental rights of women to issues relating abortion became absolute. It also established when the state's interests were more compelling than the rights of the woman. In the first trimester, the Court left the decision to the woman and the physicians. However, after the first trimester or at the end of the first trimester when fetal viability had been established, the state had a right to protect the health of the mother as well as the unborn child (Saad). The state was also required to regulate all abortion procedures so that they became reasonable. The procedures were supposed to protect and preserve maternal health. At the third trimester, the state interest would become compelling since the viability of the fetus becomes compelling. In such cases, the state has the right to regulate abortion to protect human life. Also, the
state has the right to prevent abortion in the above case in a bid to ensure that the right of the mother and the child has been protected (Stewart et al. 307). Also, the court stated that right being protected in the case of Roe was that of the physician. In this case, the law required the physicians to practice medicine freely without the interference of the state provided that the women rights were not violated in the process (Saad). However, in 1992, the plurality of judges composed of David Souter, Sandra Day, and Antony Kennedy made a move away from physician rights approach towards a patient approach in the case of Planned Parenthood v Casey. In the above law, women were given the constitutional right to abort. In addition, women were supposed to choose abortion in the first trimester before viability. This law was not to be interfered with by the state. The ruling clearly stated that the right was deeply rooted in the due process clause present in the Fourteenth Amendment (Saad). Before the above decision, a discussion on the trimester framework took center stage. Some judges initially suggested that the state had a right to intervene during the viability phases. The judges had to balance between common law, the Hippocratic Oath, and other laws that governed medical. Most judges were of the opinion that the state protects fetal life especially after viability had been determined. This fact was made, even though the fetus was not considered to be a person under the Fourteenth Amendment. The case of Roe attracted significant attention because it focused on two main issues of law. These issues related to mootness and standing. Jane Roe was never going to be affected by the above law because the ruling would not in any way change anything in Roe’s life (Saad). In addition, Roe could not be seen to talk on behalf of pregnant women because she was not pregnant. Since Roe had already given birth, her opinion would not serve as a grievance of demand for relief; therefore, even if the Supreme Court made any decision, then it would be classified as advisory opinion, something that is prevented in the United States Constitution. The court decided that the case would be under an exception rule since the issue had the likelihood of being repeated in other jurisdictions in the United States (Stewart et al. 307). Conclusion The abortion decision still rages in the United States even after the Constitution has provided the correct mechanism to be followed by the law. Currently, the issue has been taken to the political corridors where parties have taken a different approach on an issue dealing with abortion. Democrats have completely supported the law on abortion since they are largely made up of liberal minded individuals (Saad). On the other hand, Republicans are deep conservatives, and most of them are still opposed to abortion practices irrespective of the trimester stage. Several laws have been brought before the legislative arm of the government as well as the courts. Some of the laws have been considered unconstitutional since they go against the decision that was initially made by the Supreme Court of the United States (Saad). In addition, some federal states have added certain clauses aimed at regulating abortive practices outside the legislative framework of the law. After the Fourteenth Amendment was enforced, it became clear that the right of women in the society especially when it relates to abortion was fully recognized. Thus, women rights have been protected by law. At the same time, the rights of the state have been adhered to. Abortion-related issues would remain controversial in the United States for a long time. It is yet to be seen if all the worrying factions in the United States would come to an agreement.
The laws surrounding Abortion, particularly the efforts to ban abortion and overturn Roe Vs. Wade are one of the most significant social problems we are facing in 2017. Roe v. wade is a landmark decision that was made by the United States Supreme Court on the issue of abortion back in 1973. Abortion has been a prevalent social problem throughout history and continues to be very much a part of the social and political debate today. In fact, abortion has been one of the biggest controversies of all time. Both sides of the argument, pro-choice and pro-life, have many valid points to back their opinion and that is partly why this continues to be such a big debate. The other part is that it is very much a political issue. I stand firmly on the
In Roe v. Wade, the state’s interest in potential human life justifies the statutes that have an impact on one’s right to procreational autonomy. As a woman successfully enters each of the three trimesters, the state’s interest in protecting the potential life increases. This differs significantly when comparing to the preembryos
...t the court left for states to ban late-term abortions. Many feel that a fetus near the end of a pregnancy is simply too like a human to come up with any justification for killing it, unless the pregnancy threatens the health of the mother. The line on the spectrum that the court ended up defining was based on when the fetus becomes viable. Before this point, the fetus is entirely dependent on the mother and the court left the mother with the ability to withdraw her support from the fetus. After the point of viability, society as a whole is then able to assist in taking care of the infant. This then, is where the fetus gains the added requirement to its right to life discussed earlier.
The court case of Roe v. Wade is a great example as to why abortion should be legal. In Texas the law was that women could not have an abortion unless the mother’s life was at risk, Norma L. McCorvey also known as “Jane Roe” argued otherwise. In court against Henry Wade McCorvey stated “While her life was not endangered she could not afford to travel out of state and had a right to terminate her pregnancy in a safe medical
The case that I decided to write about is one of the most controversial cases that have ever happened in the United States. The Roe v. Wade (1973) case decided that a woman with her doctor could choose to have an abortion during the early months of that pregnancy. However, if the woman chose to wait until the later months of the pregnancy then they would have certain restrictions based on their right to privacy. This case invalidated all state laws which limited women’s access to abortions during their first trimester of their pregnancy which was based on the Ninth Amendment of the Constitution. The Amendment states that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” (Cornell University Law School, 2013).
Before abortions became legal, women felt the need to turn to someone for an abortion that was not sanitary or performed the correct way, many either died or left extremely ill. One specific woman felt the need to bring to everyone’s attention, that she should have the right to abort her baby if she wanted to. She fought for her right and many stood behind her and supported her. The case Roe v. Wade legalized abortions in 1973. Norma McCorvey, known as Jane Roe, fought for women’s rights against the state of Texas on two different occasions. Roe v. Wade made a huge impact to women around the country, by legalizing safe and reliable abortions.
The Roe v. Wade case, brought before the U.S. Supreme Court in 1973, resulted in the Court’s determination that women have the constitutional right to have an abortion prior to when the fetus is viable, meaning when it can survive on its own outside the woman’s womb. Since this decision was handed down, Roe v. Wade has been the subject of a constant, divisive public and political debate regarding its moral, ethical and constitutional merits. The plaintiff, Norma McCorvey, who represented all women who are pregnant in the case, used the alias “Jane Roe.” The defendant was the county of Dallas, Texas. Roe’s claim charged that the abortion law in Texas was in violation of the constitutional rights of her and all other pregnant women. The Supreme
Ultimately, Roe v. Wade is the case that brought about the legalization of abortion. At this time all of the United States prohibited abortion, as previously stated it was only prohibited if it were to save a woman’s life, or for a handful of reasons such as instances of rape, incest, or fetal abnormality. Roe helped make these laws illegitimate, which made abortion services safer and more accessible to women all over the country. The decision was also set as a legal precedent that affected more than thirty future Supreme Court cases involving restrictions on abortion. The ruling of the case brought up the shift of American tradition and noted that times were officially changing.
Abortion is one issue that has polarized a nation and the battle lines were drawn forty years ago with time not easing the tensions between the groups on both sides of this issue. The abortion debate started in the middle of the 1800’s. However, the issue came to a head in 1973 with the Supreme Court ruling of Roe v. Wade which legalized abortion and the fight has been ongoing ever since. This paper aims to show how the Roe V Wade court case came about and the resulting arguments for and against abortion that ensued.
Abortion is a controversial topic in today’s society as many opinions from different social groups on whether it should be legal or not create the big question: should the government be able to take away a woman’s reproductive right if it is to protect a fetus? In the United States particularly, much of the debate since the 1970s has focused on the Supreme Court case Roe v Wade, in which the court proclaimed women's’ rights to abortion but declared that the states could limit and regulate the procedure. That means that currently, the state of California allows abortions, but many groups against abortion, mostly called “pro-lifers,” still try to fight against it and want it banned. Women have a right to their own body and should
This ruling expanded women’s rights to end a pregnancy during the first trimester. It affected many women who have or had unwanted or unexpected pregnancies. Many women today get abortions however it is still a very controversial topic. A popular view held by many scientists is that life begins at the first heartbeat, although many continue to hold that life begins at conception.. This causes a controversy because if life begins at conception then many murders have been
In Roe et al. v. Wade District Attorney of Dallas County (1973), one of the most controversial cases in recent history, the U.S. Supreme Court struck down all state laws that limit a woman's right to an abortion during the first three months of pregnancy. Justices Rehnquist and White dissented. Justice Blackmun delivered the opinion of the Court.. This Texas federal appeal and its Georgia companion, Doe v. Bolton, post, p. 179, present constitutional challenges to state criminal abortion legislation.
Wade by NEH Hull and Peter Charles Hoffer they state “thus before abortion because the object of law it was a subject of everyday life” (Hull & Hoffer 12). Meaning that any female that found out she was pregnant was able to get an abortion but then suffered the consequences of something going wrong. In the United States around eighteen hundred abortions became illegal, due to the lack of medical education, procedures and surgeries because they were very dangerous. As time came later medical advancements were made but women still had to rely on the back alley abortions which resulted in harming thousands of women. Abortion or premature termination of pregnancy can be accidental or on purpose. Both types of abortions can be legal or illegal. If the ongoing pregnancy becomes a medical threat, abortion is not illegal. Legal developments along with health care services are intertwined with each other. The American Medical Association stated that abortions were wrong and unsafe which made the National Abortion Federation make abortion into a “physicians- only” practice because they could be performed legally in order to save a women’s life. (National Abortion Federation NAF) It wasn’t until 1973 that abortions were made legal in the United States due to the “Supreme Court’s decision in Roe vs. Wade ruling that Americans’ right to privacy included the right of a woman to decide whether to have children, and the right of a woman and her doctor to make that decision without state interference” (NAF). In 1965, almost 300 deaths occurred due to illegal abortions, and of all pregnancy-related complications in New York and California, 20% were due to abortions. “If the US Supreme Court found constitutional grounds to extend the birth control cases’ logic that women’s bodies belonged to the women themselves, the concept of choice would become a core value in constitutional law.” (Hull & Hoffer
In the second part of the twentieth century, women’s rights once again gained a lot of momentum. The women’s liberation movement was born out of women civil right activists who were tired of waiting for legislative change for women’s rights. Even though women are being recognized more in society, they still face difficult issues. Sexism –especially in the workforce –is becoming a major issue, birth control pills are still not popular, and abortions are frowned upon in society. The case Roe v. Wade is about a woman with the fake name of Jane Roe who wanted an abortion but the state of Texas would not let her unless her life was in danger. She sued the district attorney of Dallas County saying that it violated the right to privacy under the 1st, 4th, 5th, 9th, and 14th Amendments. Usually, some arguments for being against abortions are because it is like killing a life, religious reasons, and less chance of future pregnancies. Some arguments that approve abortion are the rights of privacy and the mother to make her own decision. I decided to pick the landmark case Roe v. Wade because there are many ways to argue for and against abortions, so I wanted to give it an overarching view before I personally pick a side. Roe v. Wade is a significant case because it shows how rights in the Constitution do not have to be explicitly mentioned for it to implement and the change in abortion laws that affect women.
In the absence of an agreement determining when life begins, state sovereignty has allowed state legislators the authority to shape a state’s policy on abortion. Thus, what has occurred across the United States is the ability for states to enact legislation which places severe limitations on when and how a pregnancy may be terminated.... ... middle of paper ... ...