The Debate Over Abortion

Better Essays
Ashley Aguilera
Professor M.M. Eskandari
Political Science 101
April 19, 2015
T/R 11:10
Laws vs. The Right to Life
The debate over abortion has divided Americans into polarized sides since the Supreme Court’s 7-2 decision in Roe v. Wade on January 22, 1973, where the Court deemed abortion a fundamental right under the United States Constitution. The lawsuit began when Norma McCorvey became pregnant with her third child in 1969 and could not get a legal abortion in Texas. With her attorneys, they filed a lawsuit. Roe v. Wade reached Supreme Court appeal in 1970 (Rovner). At this time, there were a few related court cases whose decisions directly affected McCorvey’s case. Griswold v. Connecticut decided that there is a right to privacy in the Constitution. Younger v. Harris decided that federal courts could not hear civil right cases by a person currently being prosecuted for a matter arising from that claim. In U.S. v. Vuitch, the court ruled to criminalize abortion with the exception if the mother’s life was endangered and it also labeled abortion as an emergency medical procedure (Masci). These cases laid out a foundation for McCorvey’s attorneys as the rulings were then applied to her case, benefitting their arguments tremendously.
This official governmental interference allowed for federal action and resulted in legalized abortion nationwide under the three-tiered system regarding the three trimesters in a pregnancy.. However, despite this landmark decision in U.S.
Get Access