Abortion Case Study

This controversial case ruled that a woman’s ability to be able to chose to get an abortion is considered a protected liberty. It also concluded that this

Governor Mike Pence of Indiana recently signed the House Bill 1337, making Indiana the second state to ban abortion because of the fetus disability, ethnicity, or gender. The bill has escalated an uproar political debate between pro-life and pro-choice advocates.

Eisenstadt v. Baird was a landmark decision by the US Supreme Court. It ruled in favor of unmarried couples using birth control. Griswold v. Connecticut provided the right for secrecy under the marital bedroom only, but not birth control on unmarried couples. The ruling was based it violated the Equal Protection Clause of the Fourteenth Amendment. The argument was simple. The law which the defendants were penalized was a Massachusetts law of “Crimes Against Chastity”. Because it did not prosecuted marry couples due to buying, possessing, or using birth controls, it was discriminatory this law persecuted unmarried couples for it. Also it was ruled one of the defendants was exercising his freedom of speech, when distributing birth control. Therefore he could not be punished. Judge Brennan wrote in his opinion

However, since the Supreme Court has no jurisdiction over public policy, Weddington argued that current abortion laws violated the fourteenth amendment. The fourteenth amendment guarantees the right to liberty without due process of law, and the decision contended that this right was extended to a woman's right to choose to be pregnant. In her closing argument, Weddington stated that "if liberty was meaningful... that liberty to these women would mean liberty from being forced to continue an unwanted pregnancy".

However, everything that was ruled by Supreme Court in the Roe v. Wade case was contradicted, In1992, the Supreme court case “...Planned Parenthood V. Casey that said an abortion regulation was unconstitutional if it had 'the purpose or effect of placing a substantial obstacle in the path of woman seeking an abortion of a nonviable fetus.'” (Levy). This court ruled that the states had the right to restrict a woman's right to an abortion and prohibit public funding for the poor women that can not afford an abortion.

In the case of Planned Parenthood v. Casey, Casey fought against the state of Pennsylvania Pennsylvania Abortion Control act. The restrictions required the woman to give a written informed consent, seek parental consent if she was a minor, and notify her husband if she married. With the same violation of the fourteenth amendment as the Roe v. Wade case, the courts saw favour to Casey. While the majority of the restrictions were supported by the courts, the requirement of the husband’s notification was not. The result of this case added support of the decision of Roe

While the fight to legalize abortion, for reasons other than a mothers health concerns, was won, states such as Texas are now reconsidering the regulations, which go along with such right. In 2004 the State of Texas introduced the Woman’s Right to Know Act, which “requires that all abortions at or after 16 weeks’ gestation be performed in an ambulatory surgical center (ASC)” (Colman, S., & Joyce, T. (2010), p. 775). Roe V Wade’s Supreme Court decision makes it federal law that abortion be legal, therefore the state of Texas cannot make a law specifically prohibiting abortions around this time. However, they can implement acts such as the one discussed above to hinder a women’s access to such rights. By implementing the Woman’s Right to Know Act, the state of Texas is allowing abortion, however it makes access to it within the state of Texas out of reach for the majority of women. In the time following the effect of this law “not one of Texas’s 54 nonhospital abortion providers met the requirements of a surgical center” (Colman, S., & Joyce, T. (2010), p. 775. Following that, a

The topic covered in this research paper is abortion. This paper looks into the history of abortion, the pro-life view of abortion and the pro-choice view of abortion. Under history of abortion the information included is the time line of significant events of abortion such as becoming legal, also different ways in ancient times women would try to use abortions. The upgrading of technology making abortion safer and even if abortion was illegal women would still find a way to abort a baby are also covered under the history of abortion. Under pro-life choice for abortion looks into abortion murder, the rights of human and the rights of the unborn and that a women doesn't have a right to terminate her own fetus. Under pro- choice

In 1973, Roe v. Wade ruled a state law that banned abortions, except in the cases of risking the life of the mother, unconstitutional (Garrow 833). The Court ruled that states were forbidden from regulating or outlawing abortion performed during the first trimester of a woman’s pregnancy, could pass abortion regulations if they were related to the health of the mother in the second and third trimesters, and pass abortion laws protecting the life of the fetus in the third trimester (Paltrow 18). However, the primary concern would remain to be the mother’s health, regardless. Roe v. Wade, controversial since it was decided, divided America and continues to spark debates,

The issue of abortion is one of the most controversial topics of our time, but recently the amount of public interest has grown exponentially. A number of bills regarding this policy issue such as Defund Planned Parenthood Act of 2015 and Child Interstate Notification Act have both greatly influenced the public’s opinion of abortion. Although, the issue of abortion hasn’t always been like this; according to Timeline of Abortion Laws and Events, an article from the Chicago Tribune, “The earliest anti-abortion laws were intended to protect women from untrained abortionists.” (Timeline) Since the 1973 passing of the Supreme Court Case, Roe V Wade, women have been able to obtain the abortion procedure in all 50 states, 46 of which were

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

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”).

Did you know 80% of women abort their kid if they have down syndrome? Abortion is where they end the baby’s life well it is still in the womb. Abortion has been an issue since the 1960’s and continues to grow today. About 1/4 of pregnancies end in abortion and 1/3 of americans before the age of 45 have gotten an abortion. ( (Guttmacher.) Abortion should be illegal considering the reasons for it, ethics and medical effects.

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.