Abortion: Unconstitutional State and Federal Laws

“Texas’s new strict legislation is already forcing women to leave the state in order to receive medical services in neighboring states more sympathetic to their desires to obtain an abortion (Hagle).” This is causing many problems for expectant mothers, especially those who have preexisting genetic medical conditions. Many time a mother may have some type of illness that can be given to a fetus during pregnancy. Sometimes these issues are seen during a routine ultrasound and sometimes there are not noticed until the time of birth. This is causing woman who live in the state of Texas to have to cross state lines when they find out something is wrong with their baby and choose to terminate the pregnancy.

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).

U.S. Supreme Court stands firm on the idea of restricting a woman 's right to an abortion to the individual state. Forty-three states ban abortions after a certain time period in a woman’s pregnancy. Nineteen of those states prohibits abortions at fetal viability, while three states ban the procedure in the third trimester and the last twenty-two prohibits after twenty weeks’ post-fertilization. Some of these bans have exceptions when the procedure preserves the health or life of the mother (Guttmacher Institute). The remaining states attract the most patients from across the nation and around

Since the 1960s, the fight to receive accessible and affordable abortions has been a largely controversial issue in the United States. The case Roe v. Wade was the climax of that fight, for “the Court held that... only a pregnant woman and her doctor have the legal right to make the decision about an abortion” (“History of Abortion”). Although Roe v. Wade ultimately made abortions legal in the States, there are still setbacks for affordable and accessible abortions today, and many of these conflicts may be directly traced to state-by-state determination of abortion laws.

“Roe v. Wade struck down state laws banning abortion in 1973. Over 20 cases have addressed abortion law in the United States, all of which upheld Roe v. Wade”, various states have placed varying regulations regarding abortion. It is undeniable that abortion is one of the most controversial topics with the church calling on politicians to set laws that ban the performing of abortions. There has always been an undeniable controversial topic when it came to the abortion issue, there are two sides to such a provocative topic. Some believe One has the free will and the ability to choose to have an abortion; others are for pro-life and against abortion due to both ethical and moral reasons. I personally believe that abortions are a choice that the

In the first trimester of pregnancy, a state can only require that the procedure be performed by a licensed physician in medically safe conditions. During the second, a state may regulate abortion if effects the health of the pregnant woman, and during the third, the state has the right to deny an abortion unless it means life or death for the mother. Although I am pro-choice, I do find these stipulations set by the court to be fair and appropriate.

Roe v. Wade 1973 was a landmark case where the United States ruled it unconstitutional that state law could ban abortion except to save the life of the mother. The Supreme Court ruling was that states were forbidden from outlawing or regulating any aspect of abortion performed during the first trimester of pregnancy and could only regulate abortions regarding maternal health in the second and third trimesters. States were only allowed to enact abortion laws to protect the fetus in the third trimester, but even in the third trimester an exception had to be made to protect the life of the mother (McBride).

As seen by the most famous and important supreme court case relating to abortion, Roe vs. Wade, the federal government has been challenged in the past regarding the constitutionality in depriving a woman's right to an abortion. The ruling of this case found it unconstitutional for any state to deny the right for an abortion during the first trimester. Additionally, the ruling banned the idea that would have allowed a state to regulate many processes during an abortion performed in the first trimester. Stated as a “right to privacy” under the Ninth Amendment to the Constitution, an abortion falls under an unenumerated right protecting a woman's fundamental right and liberty to privacy. However, the state does have the power to regulate an abortion during the second a third trimester of pregnancy due to the health risks that can jeopardize the mother's life in these stages. These restrictions include certain procedures that can cause damage to a woman's reproductive system, which is why abortions should be kept as a legal right, but limited to an

The reproductive rights of women have always been a hotly debated topic between those who support a women’s right to an abortion and those who vehemently oppose it. The United States Supreme Court ruled in the landmark case Roe vs. Wade that it was legally a woman’s right to have an abortion in 1973, and clearly outlines that states “cannot pass laws that create an undue burden” for women who choose to exercise their rights and terminate their pregnancy. Since then, there have been consistent challenges from many states along with pro-life organizations all over the country to find ways to limit and to control the reproductive rights of women. In 1992, even though the ruling of Roe vs. Wade was confirmed in the case of Planned Parenthood vs. Casey, the Supreme Court also ruled that states can create regulations to limit abortions in order to protect the safety and health of the mother and the life of the unborn fetus. The outcome has resulted in several traditionally conservative states including Arkansas, Texas, North Dakota and Indiana passing laws that are cleverly disguised as rules to protect women, but ultimately makes it extremely difficult if not all together impossible for women to seek a legal abortion.

The Court, in the majority opinion by Justice Blackmun, held that the right to privacy protected an unmarried woman's right to choose to terminate her pregnancy. State criminal abortion laws, like those involved in Texas, that grant exception for only life-saving procedures, violate the Due Process Clause of the Fourteenth Amendment, which protect state action the right to privacy, including a woman's choice to an abortion, and the Ninth Amendment's reservation of rights to the people. Though the state cannot override this right, it has interests in protecting the mother's health and the potentiality of human life, each of which reach a "compelling state interest" at different times during the pregnancy. This protocol is where the trimester

The Roe v. Wade decision held that a woman, with her doctor, could choose abortion in earlier months of pregnancy without legal restriction, and with restrictions in later months, based on the right to privacy” (Lewis, Jone).

In the third trimester: There is fetal viability, so the state can outlaw a late term abortion except to save woman’s life.

Several states have made attempts to ban abortion, but most of them have failed. In this regard, the states have developed restrictive procedures

As of 1973, the right for a woman to choose to have an abortion or not has been legal, due to the outcome of Roe vs. Wade. The nature of this right and the disagreement behind its approval led to states having the right to add restrictions. NARAL Pro-Choice America (qtd. in Medoff) notes there are 13 different restrictions states use, which include, post-viability bans, spousal consent or notification, insurance restrictions, counseling bans, partial-birth abortion ban, Second trimester hospitalization, 12 week abortion ban, Medicaid funding restrictions, waiting periods, informed consent, two-visit laws, targeted regulation of abortion providers (TRAP) laws, and parental involvement laws (161-162). These restrictions, put in place to deter women from getting abortions, make abortions and aftercare cost

Since the legalization of abortion in 1973, over 58 million babies have been terminated. This number will only continue to grow. Abortion is one of the most controversial topics out there. Two people come into play, pro-life and pro-choice supporters. If someone is pro-life, they don’t agree with abortions. However, if someone is pro-choice, they like the idea of a women being able to choose. These two people are like oil and water; they don’t mix well. Abortions should be illegal in the United States because innocent babies are being killed, babies are individuals, and babies should have rights to their own bodies.