Abortion: A Brief Summary

In the news article “Abortion: Every Woman’s Rights” Sharon Smith wrote an article about women’s rights to get abortions prior to the hearing of the Planned Parenthood v. Casey court case, “which threatened to severely restrict women access to abortion” (Smith). Women wanted reproductive control over their lives and felt that they were not equal to men no matter what advances they got at work and how high their level of education was. The women’s right movement wanted women to have the choice of abortion for all women, the rich and the poor. In the US, thirty- seven states did not provide

A decision announced in 1973 by the United States Supreme Court is still debated today. That decision is known as Roe vs Wade. The Court decided that a pregnant woman can have an abortion (during and up to the first trimester of the pregnancy) without any laws made by the state in which she resides. The woman, Norma McCovey became pregnant while living in Texas. Ms. McCovey had other children she was raising as a single mother. She could not legally have an abortion in Texas and got a lawyer to sure the state under the name of Jane Roe. This landmark case, Roe vs Wade, became the law of the land two years after her case was filed. The child she carried was put up for adoption. The Court, in a length ruling, said, in affect that the law concerning abortion was unconstitutional and void.

Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973). Roe V. Wade was a case that “divided the country into those who believed in an unborn child 's right to life and those who believed in a woman 's right to choose”(Kayla Webley). In 1970 a single Texas mother of two at the time by the name of Norma McCorvey (alias Jane Roe) was pregnant with her third child. She decided she did not want the weight of raising another kid, but in Texas at the time abortions were not allowed unless it was used to save the pregnant mothers life. They felt as if you were taking the life of an innocent child that isn’t going to have that chance at life. January 22, 1973 the U.S. Supreme Court ruling 7-2 under t fourteenth amendment was that it is a constitutional right to privacy, and is a woman’s right to make the decision if she wants an abortion or not. By the time the courts came to a decision Roe had already had her child and gave it up for adoption.

In 1973 “Roe vs. Wade is a historic Supreme Court decision overturning a Texas interpretation of abortion law and making abortion legal in the United States. The Roe v. Wade decision held that woman, with her doctor, could choose abortion in earlier months of pregnancy without legal restriction, and with restrictions is in later months, based on the right to privacy.” This decision was made on January 22, 1973. (Lewis, 2015). The decision was based on the right

In the court case Roe v. Wade, Jane Roe (false name to protect her real identity) wanted an abortion. However, in some states like in Texas (where this all took places) abortion was illegal unless it was to save the woman’s life. In 1970, Roe and her team of lawyers were fighting to protect her and all of the women in the world to have a say in what’s right and wrong if them. Roe’s team of lawyers were suing Henry Wade, the district attorney of dallas county, Texas. Her team of lawyers and er wanted to obtain an injunction, which would stop Wade from enforcing the law against abortion. The Federal court ruled in favor of Roe, stating that the Texas law against abortion was unconstitutional. Wade appealed the case to the U.S. Supreme Court. The Supreme Court ruled in favor of Roe 7-2. They stated that “with Roe’s assertion that woman had the absolute right to end pregnancy in anyway and at any time...woman’s right to privacy had to be balanced with a state’s interest in regulating abortion”(Encyclopaedia Britannica). This statement means that it the choice of whether to have an abortion or not is up to the woman, but the state has a right to protect the fetus.

In Roe v. Wade, in 1973, the Supreme Court held a case that a pregnant woman has the full privacy right to have an abortion. The right to abortion is not guaranteed and must be stable against the State’s countervailing benefits in keeping the health of the woman and in protecting the life of the unborn child. The State’s belief in protecting the health of the woman becomes definite, therefore greatly enough to support state ruling of abortion under the strict scrutiny standard of judicial review; after the first trimester, which is the stage of pregnancy when abortion becomes dangerous to the mother carrying the child to term. The State’s concern in protecting the life of the unborn child becomes irresistible, after possibility, the stage of pregnancy when the unborn child is capable of independent life. Because neither interest is irresistible before the second trimester, the State may not regulate abortion in the first trimester either to reserve the woman’s health or to protect the life of the unborn child. After the first trimester the State may control the act of an abortion, but only for the purpose of protecting the woman’s health, not for the purpose of protecting the life of the unborn child. After viability, the State may regulate, and even forbid, abortion to protect the life of the unborn child, except when the act of abortion is needed to

In 1973, the United Stated Supreme Court made a critical decision on abortion laws. This decision was made because of Roe, a pregnant woman. She brought a class action suit challenging the constitutionality of the Texas abortion laws. These laws made it a crime to obtain or even attempt an abortion. The defendant was county District Attorney Wade. Roe won her lawsuits at trial. A three-judge District Court panel tried the cases together and “held that Roe had standing to sue and presented justiciable controversies, and that declaratory relief was warranted.” The district court also held that the Texas abortion statutes were void as vague and for over broadly infringing the Ninth and Fourteenth Amendment rights of the plaintiffs.

In “A Defense of Abortion” by Judith Jarvis Thompson, Thompson works to argue that even if a human fetus is considered a person, abortion is still often morally permissible. This paper will work to explain Thompson’s positions on the different accounts of the right to life, and to provide an evaluation of them and explain why they are not plausible, specifically regarding three of the analogies on-which she based her entire argument: the violinist, the coat, and the case of Kitty Genovese, as well as to explore a logical counterargument and explain why it’s stance is impermissible.

Since Roe v Wade, there have been major advancements in the maternal-fetal world of medicine. Advanced technology and science have shown us that there is “life” to a fetus before the last trimester, leading to many regulations and laws to prohibit abortion for the life the fetus. Discussed in this paper are the policies, court cases, and executive decisions affecting legal abortion in the US and the ethical implications that debate them.

Annotated Bibliography Ahmed, Aziza. “Informed Decision Making and Abortion: Crisis Pregnancy Centers, Informed Consent, and the First Amendment.” Journal of Law, Medicine & Ethics, March 2015. Web.

There have been many debates over abortion. One of the more famous acts in history about abortion is Roe vs. Wade on January 22, 1973. In this case the U.S. Supreme Court recognized that the constitutional right to privacy extends to a woman’s right to make her own personal medical decisions. This includes the decision to have an abortion without interference from politics and regulations, or religion. Therefore, a state may not ban abortion prior to viability.

The ruling of Roe v. Wade included three key ideas. The first key idea was that women had the right to choose to have an abortion during the stage of pregnancy when the fetus had little chance of survival outside the womb and that women were able to obtain an abortion within unreasonable interferences from the state. The second idea confirmed a state’s power to restrict abortions when a fetus could live outside the womb, except in the case when the mother’s life was at risk. The final key idea that was decided in the ruling was that the state has interests in both the health of the women and the life of the fetus (Brannen and Hanes, 2001).

Abortion has always been a controversial topic in the United States for decades. Abortion is like taking the life of someone without their permission so it is technically “murder”. There is no such thing as an unwanted child, millions of families in the United States are always willing to adopt. On the other hand, there are circumstances where a woman can barely care and sustain herself so chances are that she will not be able to take care of her child. Or when a rape occurs, having an abortion is not as bad as when a woman has sex without protection and knows she has the chance to get pregnant.

By the 1960’s, states began to reconsider the legalization of abortion in response to the high rate of hospital admissions resulting from illegal abortions and a change in public opinion (“Abortion in Law, History, and Religion”). By the early 1970’s, 17 states had altered their abortion laws towards liberalization (“Abortion in Law, History, and Religion”). In 1973, the Supreme Court declared in Roe vs. Wade that most existing state laws were unconstitutional. The case ruled out any legislative interference in the first trimester of pregnancy and put limits on what restrictions could be passed on abortions in later stages of pregnancy (Sauer).

Abortion has been a complex social issue in the United States ever since restrictive abortion laws began to appear in the 1820s. By 1965, abortions had been outlawed in the U.S., although they continued illegally; about one million abortions per year were estimated to have occurred in the 1960s. (Krannich 366) Ultimately, in the 1973 Supreme Court case of Roe v. Wade, it was ruled that women had the right to privacy and could make an individual choice on whether or not to have an abortion during the first trimester of pregnancy. (Yishai 213)