Analysis of Roe v. Wade: The State Should Protect the Potential Life of the Unborn

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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 …show more content…
Justice Blackmun argued that historically abortion was accepted and legal since the times of the Greeks and Romans. He pointed out that under common law, it was without dispute that an “abortion performed before “quickening”—the first recognizable movement of the fetus in utero, appearing usually from the 16th to the 18th week of pregnancy—was not an indictable offense.” Indeed, it was only in the last two centuries that any real regulation had been passed to punish the abortion of “quickening” fetuses. The abortion of a “pre-quickening” child was not illegal in the United States until it was banned in New York in 1860. To be sure, Blackmun argued that abortion laws in the United States were relatively stricter in the 1970’s than they had been in the past two thousand years. Therefore, under Blackmun’s argument, the Roe v. Wade ruling was more in step with the past interpretation of abortion law up to the middle of the nineteenth century.
Blackmun argued that the right to privacy, as defined in the Griswold v. Connecticut decision in 1965, included “the abortion decision.” In the ninth amendment, Blackmun argued, was “broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” However, despite this argument of a woman’s right to end her pregnancy being cover under the “right to privacy” as established in Griswold,

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