Abortion In The American Legal System

Abortion has been a heated debate in the United States for decades. Since before the ruling on Roe v. Wade, it is clear that this is an issue that is far from ever being decided upon. Between those who are pro-life and those who are pro-choice, scholars from both sides work on disproving the morality of the other side. With the evolution of abortion laws and regulation through the decades, it is difficult to imagine the United States without conflict pertaining to abortion. Despite pro-life and pro-choice agendas, the country is in ever-changing opinion when it comes to abortion.

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)

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.

Before discussing the Roe vs. Wade case, let’s first begin by presenting a brief history reflection of abortion in the United States. The history of abortion dates all the way back to the 1820’s-1830. In 1821 Connecticut passes the first law that would restrict abortion; numerous states followed Connecticut’s law and began to implement

In 1973, the Supreme Court made a decision in one of the most controversial cases in history, the case of Roe v. Wade (410 U.S. 113 (1973)), in which abortion was legalized and state anti-abortion statues were struck down for being unconstitutional. This essay will provide a brief history and analysis of the issues of this case for both the woman’s rights and the states interest in the matter. Also, this essay will address the basis for the court ruling in Roe’s favor and the effects this decision has had on subsequent cases involving a woman’s right to choose abortion in the United States. The court’s decision created legal precedent for several subsequent abortion restriction cases and has led to the development of legislation to protect women’s health rights. Although the Supreme Court’s decision in Roe v. Wade was a historic victory for women’s rights, it is still an extremely controversial subject today and continues to be challenged by various groups.

In the 19th century, after tremendous progress in surgical processes, abortions were then conducted by surgeons on a wide scale, while medical abortions are used concurrently. However, as abortion technology prospers, legal restrictions came with it. In 1803, a English statute abolished the previously-legal first trimester abortions. The act “condemned the willful, malicious, and unlawful use of any medical substance when used with the intent to induce abortion” (Stern, 1968). In 1821, Connecticut enabled the first statute in the United States regulating abortions. Within 10 years, states like Illinois, Ohio, New York, Alabama, and others enabled abortion restriction statutes, and by 1968, 50 of the 51 jurisdictions in the United States have prohibited abortion except in the case women’s life is endangered (Ibid., at 3). In 1965, Britain, however, legalized abortion for “medical conditions of the mother, for socio-economic reasons, for eugenic considerations, and for pregnancies which resulted from rape or incestuous intercourse”, which is still law today (Ibid, at 4). In Canada, abortion has been legalized since 1969 through Bill C-150 if “a committee of three physicians determined that the pregnancy was a threat to the woman's life or health” (Norman, 2012). In 1988, Canadian Supreme Court struck down bill C-150’s provision requiring committee approval to receive an abortion in its decision R v Morgentaler, legalizing abortion across Canada for any reasons (Ibid.).

Roe vs. Wade case was a ground-breaking landmark case because it gave a woman the right to choose. Since then landmark cases and legislation restricted a woman from having an abortion. The rights of the unborn are the reason why a woman's rights to have an abortion are being eroded. In addition, violent events have occurred because a woman has a right to have an abortion. Clearly, this topic has affected the political, health, social, and religious, aspects of our society. Currently, women are choosing not to have an abortion. The sentiment is so strong that a Harris poll showed that 72% of Americans say abortion should be illegal after the first 3 months of pregnancy. To make this point, abortion rates are down in the states where the abortion

The historical right of abortion can be examined through the geographic themes of location and place; the responsibilities of abortion are determined through the geographic themes of movement, human environment, interaction, and region. Place is the historical events that led up to the demand for abortion was Roe V. Wade and the Supreme Court ruling for the women who can experience negative effects after birth and finally made the decision to legalize abortion on January 22, 1973. Location is the demand in rights occurred when pregnant single woman Roe spoke up about her situation and pleaded for the Supreme Court to allow abortion to be legal because of the stability of her health. Movement is how people reacted in different ways. People created pro-life and pro-choice opinions, which described how they felt about the particular subject of abortion, Pro-life believes that abortion should not be allowed under and circumstances and argue that life begins at conception. Pro-choice believes that abortion should be entirely up to the mother and argue that it should be allowed for women who experienced rape or incest. Human Environment interaction is how abortion impacted people in a variety of reasons and mainly on the society. Women who have an abortion are 10% more likely to have mental health issues and 34.9% more likely to commit suicide. Those

The United States has been divided now over the issue of abortion for thirty-three years since the Supreme Court’s ruling in Roe v. Wade in 1973. As of today, over 45 million legal abortions have been performed in the United States. Pro-choice advocates hold these 45 million abortions as being 45 million times women have exercised their right to choose to get pregnant and to choose to control their own bodies. To pro-life, or anti-abortion, advocates these 45 million abortions constitute 45 million murders, a genocide of human life in the United States propagated by the court’s ruling in Roe v. Wade. The debate over abortion in the United States is thus a debate of two extremes. One side argues from the personal liberty of the mother. The

The Roe versus Wade Supreme Court Case has had a huge impact on abortion laws in the United States. Before 1973, abortions were illegal and criminal, with few exceptions. Overnight, the decision in the case legalized first trimester abortions while leaving the specifications of the other trimesters up to the states. This case has led to many debates over the value of life and when life begins whether at conception, independence from mother, or first breath. All of these can be defined by religion, law, or individual beliefs. Unfortunately, none of the policies before or after Roe versus Wade have

In our government the topic of abortion causes controversy between politics parties. Before the option of abortion came to place, if a woman was pregnant out of wedlock, they would move to another state and stay there until they gave birth. Another option those women had was adoption or allowed their bay to be raised by one of their relative member. Abortions didn’t become a prominent issue in society until about 1880, even then most states banned it except to save the life of the woman if she was in danger while giving birth caring the baby. Between 1967 and 1973, the U.S. Supreme Court found that a woman’s decision to terminate a pregnancy in the first trimester was protected under the “right of privacy…founded in the Fourteenth Amendment’s concept of personal liberty.”

The issue of abortion is notoriously controversial. Since the Supreme Court’s 1992 ruling in Casey v. Planned Parenthood, states have enacted different restrictions on the procedure. These restrictions vary from state to state. Nineteen states currently have laws prohibiting partial-birth abortion, and forty-one states strictly prohibit abortions except in cases of life-endangerment. One particularly incendiary area of abortion law is that of public funding. However, as of this year there are only seventeen states that cover abortion procedures through public funding. In this paper we will discuss federal abortion legislation, while describing the laws and political ideologies of the following states: Texas, California, New

A child is a huge responsibility, even if she decides to give it up for adoption, she still has the burden of carrying the fetus for nine months. Having the option to perform an legal abortion can solve that obstacle, without the danger of having to find an “underground” doctor to perform the procedure. People can see an abortion as putting the child out of misery while it doesn't have the ability to reason or fear. Most of the time the mother of the unwanted child is very young and inexperienced or too poor to take care of the child. This leads the child to be malnourished, have no medical care, and gets very little attention or love. People do not understand the hardship of going throughout the entire pregnancy and then getting your baby taken away from you from either the state or by choice. A 15 year old teenager can not take care of a baby completely on her own even if she had the father to help her. One of the parties would have to drop out of school in order to care of the baby. After one them dropping out of school this decreases the chances of the baby going to college and decreases chances of being able to support the entire family without government help.

Since the legalization of abortion, more than 126,000 abortions have been performed every day and more than 46,000,000 each year (AbortionTV). One may say they can’t understand how a mother can just kill her child because of her irresponsibility. She may rebuttal back with the answer that the fetus is not yet human and it wouldn’t feel any pain anyway. Studies show that the

One of the most controversial situations in the United States is abortion. A couple of decades ago when abortion was illegal, thousands of woman died for attempting to terminate the child’s life themselves or with unprofessional help. On January 22, 1973, in the Roe v. Wade case, Supreme Court legalized abortion in all 50 states. This has saved thousands of woman’s lives and should remain legal.