Abortion Analysis

Before women had rights to decide whether they could keep their baby, some states didn’t allow abortion, therefore requiring women to give birth to their child. In today’s current issues, abortion is still a controversial subject with millions of people supporting it or not supporting it. Every woman has the right to make changes to her own physical body, and those rights should not be taken away, according to the constitution. In the very famous case in 1973, “Roe v. Wade”, the United States Supreme Court legalized abortion throughout the first trimester of pregnancy. In the article, “Roe’s Pro-Life Legacy”, it is explained how after this movement, the right to abortion, lives have changed and led to lower abortion rates (Sheilds 2013.)

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)

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).

In contemporary America it can be argued that nothing is more contentious and controversial of an issue than abortion. From the vehement pro-life movement to the impassioned pro-choice coalition, this policy issue is one that has become increasingly important in our society. This debate has raised important questions regarding the value of human life, at what stage of development does a fetus have it’s constitutionally ensured rights take hold over that of the mother and at what stage can a state start regulating abortions.

Few Supreme Court decisions have stirred up as much controversy, vitriolic debate, and even violence as the one delivered in Roe v. Wade in 1973. Four decades later, it remains a touchstone for the culture wars in the United States and a pivot upon which much of American politics turns. In fact, the authors of “Roe v. Wade: The Abortion Rights Controversy in American History” state that even today, the case (and its companion cases) “remains the most divisive and controversial judicial decision of the twentieth century” (3). Although it is a landmark case in itself, its continuing influence on American law and politics proves that its legacy lives on far beyond its formal resolution in a court of law. Essentially, the most important points are that the cause of the case’s complexity and drama is the legal relationship between men and women that the ruling mirrored and compounded, the way the medical profession was impacted, and the political significance that the issue still holds presently.

For American politics, Roe v. Wade is seen as a turning point of sorts. The first big battle “won” in favor of reproductive rights being left in the hands of those with uteruses and not the government, or doctor’s designation. Before Roe v. Wade, abortions were considered to be illegal in America. However, that doesn’t mean they weren’t being conducted. In fact, the states had their own individual rulings on abortion. Nonetheless, unfortunately, this victory didn’t last very long before things began to revert back to how they were before. After Roe v. Wade, the states found loopholes to the rulings to still prevent people from legally obtaining an abortion. Loopholes were discovered, new laws were created and the fight was back on again Not much has changed on the current abortion policies, each state is allowed to make their own law and policy regarding abortions and in some states, they’re banned once again. However, before we talk about the present laws regarding reproductive rights, let’s look at early American history, the 1900s, and finally the present.

Regardless of the opinions surrounding abortion, a majority of people are familiar with the Supreme court cases of Roe v. Wade and Planned Parenthood v. Casey. These two cases have played a tremendous role in regard to the abortion debate. In 1973, the Roe v. Wade case was ruled in favour of Roe and stated the stringent criminalization of abortion in Texas was deemed unconstitutional under the fourteenth amendment. The law violated the right of privacy, which implied the privacy of a woman’s decision to an abortion. Although the courts agreed with Roe, they also recognized the rights to an abortion are not absolute. Limitations to the right was based on the trimesters of pregnancy with the first trimester protecting the woman’s choice and the third trimester being acceptable for states to regulate or even ban abortions outside of therapeutic reasons.

The section of the law mandates that abortion doctors ought to have registration at a standing hospital in case of an emergency. However, organizations have filed suit against the enactment of the law before it came into action on October 29, 2013, including the Planned Parenthood Federation of America, the Center for Reproductive Rights, the American Civil Liberties Union and clinic owners (“American Civil Liberties”). Based on Erik Eckholm’s New York Times article “Judge in Texas Partly Rejects Abortion Law,” once the law was taken into court, Judge Lee Yeakel of United States District Court in Austin, Texas blocked part of the law based on "the act's admitting-privileges provision is without a rational basis and places a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.” Although the majority of Texans stands against abortion they still ought to respect women’s reproductive rights.

FACTS: in 1973 with the passing of Roe v. Wade, women were guaranteed, under a right to privacy in which the woman has the right to choose whether or not to get an abortion, however, this right was not confirmed to be absolute. Nearly 20 years later, in the case of Planned Parenthood v. Casey, the “central holdings” of Roe v. Wade were reaffirmed, by providing limits in which federal and state governments can regulate abortion. Unfortunately, conflict arose between Casey and Roe, when trying to ensure the woman still has a right to choose, which lead to allowing a prohibition of late-term abortions, unless the health of the mother was at stake. Next, in 2000, the case of Stenberg v. Carhart forced the court to consider a Nebraska state law that was passed banning late-term abortions and whether the statute was unconstitutional, which it was found to be, because the statute did not include an exception for the health of the mother and that the language used was so broad that it burdened a woman’s right to choose. Then, in 2007, the case of Gonzales v. Carhart raised the issue once again on a federal law that had been passed, the Partial-Birth Ban Act of 2003. The lower courts claimed it to be unconstitutional because of the lack of exception for the health of the mother. This Act however, was found to be constitutional and The Supreme Court decided to look once again at the precedent, under stare decisis

Before 1973, abortion access was determined by state legislature for each individual state with no consistency across the United States. Some states allowed abortions but most state statues heavily restricted or completely banned abortion. The restricted states would generally only allow abortion in the event of rape, incest, fetal anomalies, or the woman’s life is at risk. The state of Texas enforced a state statute that made it illegal for an abortion to be performed unless the woman’s

wade. “Repeated challenges since 1973 narrowed the scope of Roe v. Wade but did not overturn it. In Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), the Supreme Court established that restrictions on abortion are unconstitutional if they place an “undue burden” on a woman seeking an abortion before the fetus is viable” (). “Since the roe decision, anti abortion lawmakers have not been able to ban abortion outright. Instead, they have developed a very successful strategy of limiting a woman’s access to the procedure and restricting the procedures that physicians can use to perform it” (76). “The restrictions that were given made life harder for women. All of these laws are meant to dissuade a woman from going through with the abortion. Feminists oppose the restrictions. They view the laws as condescending to women, who they feel know how to make up their own minds about this personal, private decision” (77). “When they eventually make their way back to a clinic, they may be much farther along in the pregnancy, when the procedure becomes more invasive, potentially more dangerous to the mother, and much more expensive” (77). “For some clinics, the expenses brought on by TRAP laws are so high the facilities shut down. By the fall of 2014, only eight abortion clinics in Texas were still standing. Before the law, some 10,000 Texas women had to travel more than 200 miles

The issue of abortion is one of the most sensitive and controversial issues faced by modern societies. This issue leads to topics of whether abortion is right or wrong, if it is the actual killing of a person, and what actually defines the moral status of a fetus. In this paper, I will be arguing against Bonnie Steinbock, who believes that abortions are morally acceptable. So I will be supporting the view that abortions are not morally acceptable.

In today’s day and age, abortions are commonplace in most states, legal and readily available to women everywhere. But believe it or not, this has not always been the case. In fact, there was a time in history not too long ago where abortions were outlawed in nearly every state in the United States with the exception of extraordinary circumstances. Prohibitions of abortions were first passed in 1821 and by the end of the century, every state in the country, had laws on banning abortions. Up until 1973, abortions remained illegal. It wasn’t until a young lady by the name Norma McCorvey, under the pseudonym “Jane Roe”, filed a lawsuit challenging state laws which criminalized abortions, otherwise known as the infamous Roe V. Wade: The Supreme Court case which legalized abortions across the country.

In 1992, Roe v. Wade was upheld in Casey v. Planned Parenthood. However, the Supreme Court had become significantly more conservative in that time, and this ruling favored the states‘ rights to establish tighter abortion restrictions. In Pennsylvania, women were only permitted first trimester abortions if they had been given information about the fetus’s gestational state and the dangers of having the procedure. A married women was also required to inform her husband prior to having the abortion, and minors had to seek approval from at least one parent unless given a legal bypass. On top of these restrictions, there was also a mandatory 24-hour waiting period (McBride, “Casey v. Planned Parenthood”).

As early as 1550 B.C., Egyptians were performing abortions. Egyptians documented the techniques they used to perform abortions and by the Middle Ages, the concept of abortion had spread globally (PRB). Knowing the idea, of terminating a pregnancy, was being performed in 1550 B.C., the number of babies lost to this horrific death will never truly be known. Since 1969, the CDC started documenting the numbers of legal abortions obtained in the United States. Roe vs. Wade was the infamous court case that made its way to the U.S. Supreme Court, in 1973, that assisted abortion in becoming completely legal. The United National Library of Medicine published that since that day in 1973 abortion rates peaked but remained continuous through the