The Case Of Planned Parenthood V Casey

Before women had rights to decide whether they could keep their baby, some states didn’t allow abortion, therefore requiring women to give birth to their child. In today’s current issues, abortion is still a controversial subject with millions of people supporting it or not supporting it. Every woman has the right to make changes to her own physical body, and those rights should not be taken away, according to the constitution. In the very famous case in 1973, “Roe v. Wade”, the United States Supreme Court legalized abortion throughout the first trimester of pregnancy. In the article, “Roe’s Pro-Life Legacy”, it is explained how after this movement, the right to abortion, lives have changed and led to lower abortion rates (Sheilds 2013.)

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 research that I chose to elaborate my topic on is the Roe v. Wade court case which is about abortion. The case history is about a woman who was single and pregnant; she decided to bring a stimulating challenge suit to the constitution of Texas laws. The laws that Texas made were given to prohibit mothers from aborting children because it was a crime. They could not do it without medical advice for the reason that it was to save the life of the unborn child. As I begin to go into detail about the court case. First Dr. Hallford, a medical doctor who faced criminal prosecution for violating the state abortion law. Second, you have the Does. They are a married couple with no children who were against Jane Roe and her decisions. Lastly, you have District Attorney Wade. Roe and Hallford had a portion of controversies and declaratory that was warranted. The court ruled a decision relief that was not warranted and the Does criticism was not justiciable. This is a brief synopsis of what the court case will expand on later on in the research paper. I will be utilizing reviews to test what male and female dispositions were towards fetus removal and how they feel about it. The study will extremely differ and I will be getting a broad gender preference perspective of the subject that I decided to do the review on. It will all tie once again into the Roe v. Wade court case. As you are perusing my examination paper; the researcher made an investigation on Chowan University

Abortions were widely used in the early eighteen hundreds and kept secret due public scrutineer. Not only were they considered against the law in some places but were risky due to high risk of infection from unsterile equipment used to perform the actions.” Without today’s current technology, maternal and infant mortality rates during childbirth were extraordinarily high. “(National abortion Federation, 2016) as time contained states changed and modified their laws to accommodate political agendas, these opposed to legal abortion had begun to fight absent any stated funded abortion clines. Then there was Roe v. Wade this was the first major Supreme Court battle based on abortion laws and ethics. Roe v. Wade decision of the courts said that they “considered the constitutionality of a Texas statute made it a crime to obtain an abortion except when it was necessary to save the life of the mother”. (Harris, 2014) There was another Supreme Court case that changed the views of the courts based on how they judge the frame work of decision on the trimester model. The ethics involved in this are not just solely left to the mother of the potential life but in the network of people

Planned Parenthood v. Casey, 505 U.S. 833(1992), was case reaffirming the Roe v.Wade decision. It further challenged the constitutionally of several statues in the State of Pennsylvania

The two sides of this case were the plaintiffs, who were five abortion clinics and doctors who provided abortion services, and the defendant, which was the state of Pennsylvania. The plaintiffs filed suit to have the state declare the five provisions unconstitutional. During the appeal in the Third Circuit Court, the court upheld all but the husband notification requirement.

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.).

Illegal abortions made up one sixth of all pregnancies in 1965. In the 1971 case of Roe v. Wade the supreme court confirms that the legality of a woman's right to have an abortion is under the Fourteenth amendment to the Constitution. This case was a major landmark in history because, it changed the way the population viewed abortion, however  I am in partial agreement with this case.

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

In 1992, a new abortion procedure was introduced to the United States public. It was first performed by Dr. James McMahon and explained by Dr. Martin Haskell (Scully). It was used during the second and third trimesters (around twenty to twenty-four weeks along) and involved partially delivering the fetus so the doctors could remove the baby’s brain with suction (Wagner). The term “D&X”, which stands for “intact dilation and extraction,” was used to refer to this procedure (Hoyt). It was not until a few years later that debates about this procedure came about. In 1995, “Representative Charles Canady (R., Fla) introduced the Partial Birth Abortion Act”

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”).

The opposing sides on the partial birth abortion issue are distinctly opposite. Pro-choice, which supports abortion, says that partial birth abortion is rarely done, and only then when the mother’s life is endangered or the child is deformed. Abortion supporters also say that the baby is only a fetus, and cannot feel any pain when the abortion happens. According to Sykes (2000), people are misled into thinking that partial birth abortion happens thousands of times a year, but they only happen about 650 times a year. She also argues that the name “partial birth abortion”, which was given to the method in 1995, alone is misleading in that it implies that a full-term baby is being killed while it is in the process of being born. The name “late term” is also said to be confusing because it implies a third trimester abortion (Sykes, 2000). According to Sykes (2000), Intact D&X has been around for a while and says, “The procedure is not new- a 19th century medical textbook I own describes a method of abortion that involves a craniotomy, and so does a 1930 edition of Williams Obstetrics…”

Of all the legal, ethical, and moral issues we Americans continuously fight for or against, abortion may very well be the issue that Americans are most passionate about. The abortion issue is in the forefront of political races. Most recently the “no taxpayer funding for abortion act”, has abortion advocates reeling. Even though abortion has been legal in every state in the United States since the monumental Supreme Court decision, “Roe v Wade”, on January 22, 1973; there are fewer physicians willing to perform abortions today than in 2008. (Kraft) At the heart of the ethical dilemma for many in the medical profession is the viability of the fetus. And just to make this whole dilemma more confusing, according to the United States

Partial-birth abortions in the third trimester, and the recent “day-after” or the RU-486 pill, now add a new attitude on the abortion issue. Partial-birth abortions and abortions in the third trimester are exceedingly controversial, because they involve the termination and/or expulsion of an actual fetus from the womb, whereas many early-prenatal abortions involve the expulsion of the embryo. In some countries, and for a while in America, partial-birth abortions meant that the baby was breached halfway through the womb, and then its neck was broken, which killed the baby instantly. Since then, the United States has banned it as a result of the many infuriated pro-life and even some pro-choice members who found it to be extremely inhumane. The RU-486 pill sends messages telling the brain that the woman that was inseminated, was already pregnant, and that the ovum that had been created, is removed because the body believes it is already impregnated. These operations raise many of the same problems as abortion itself.