Abortion Essay

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 and still is one of the most controversial topics in American culture. The reason for the controversy is the different viewpoints of this very personal matter. Some believe that abortion is the same as murder. Others believe it’s a personal choice which only they have the right to make. Due to the nature of the procedure and the concerns associated with ending a pregnancy, abortion will continue to top the list of “touchy” subjects in American politics and culture. As a pro-choice advocate, it is important for the right to have an abortion to be established and protected.

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.

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.

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

To help the court determine the decision for this case, they used several widely-known Supreme Court decisions to help build the framework for their ruling. The Supreme Court decisions included: Roe v. Wade (1973), Planned Parenthood v. Casey (1992), Gonzales v. Carhart (2007) and City of Akron v. Akron Center for Reproduction (1983). In determining the ruling, the court felt that the regulations were without a rational basis. Initially, the court was in support of the provision. They argued that the admitting privileges requirement furthers health and safety in two respects by noting that the first provision serves as a “quality control mechanism” due to hospitals not wanting to grant admitting privileges to disreputable or incompetent physicians. (Clerk, 2014). The second argument was that admitting privileges ensures a continuity of care between the abortion clinic and the hospital.

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.

Since 1973, when Roe verses Wade was decided, there have been several restrictions made to a woman?s right to obtain an abortion. These restrictions have come from several different angles and from a conservative ideological background. The restrictions that have been made to Roe v. Wade have come from other Supreme Court cases that were argued after 1973 and from State and Federal Legislation; which, ultimately, must go through the process of Judicial Review. Before we look at what restrictions have been made, we will look at the history of Roe. Secondly, we will look at Webster verses Reproductive Health Services (1989) and Planned Parenthood v. Casey

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

On April 18, 2007, a Federal Abortion Ban was passed that criminalizes abortions in the second trimester which is when doctors advise that abortions are the safest and best time to protect the woman’s health. There has been a proposal to create state bans that make abortions illegal after twenty weeks! Although there is not a complete ban on abortions yet, it is clearly visible that the bans the United States has great affect on a woman’s decision to have an abortion. Within the process of getting an abortion, there are many deterrents set up before the women, such as restricting insurance, TRAP laws, abortion bans based on time span, mandatory ultrasounds and waiting periods, biased counseling, and much more. Nowhere in the Constitution does

In the past few decades, the issue of abortion rights has created debates and controversy within the United States. Those who criticize the act of abortion – pro-life – argue that the act of abortion is equivalent to the murder of a baby. Those who support the legalization of abortion – pro-choice – argues women should be able to choose whether or not they want to have an abortion. Currently, abortion is legal in all states – a result of the Supreme Court’s ruling in Roe vs. Wade. However, it has become increasingly common for states to create anti-abortion laws, which makes it more difficult to have an abortion. In 2014, Missouri state representative Rick Brattin proposed H.B.131, a house bill that would require women to receive a written consent from the biological father in order to have an abortion. This bill serves to prevent women from having an abortion.

Abortion did not immediately engrave itself onto public agenda; it had help. The legal debate over the use of birth control proved to be the catalyst needed to propel abortion to the Supreme Court and into the ranks of public policy. The birth control movement was significant to Roe v. Wade because it served as a key in which to unlock the gates of the Supreme Court. The Supreme Courts decision to hear Griswold v. Connecticut, a case that challenged the Connecticut statute prohibiting anyone to “use any drug, article, or instrument to prevent conception or to give assistance or counsel in its use (p.39)”, is arguably the most significant factor in the Court’s

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.