The Social Injustice : Abortion

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)

Norma McCorvey, who was unable to care for her ready born child felt that abortion was the only solution for her unborn child. But with Texas law only allowing abortions as a means of saving the life of a mother, she was denied the right to an abortion. That’s when Texas lawyers, who were trying desperately to bring a “lawsuit of change”, felt that McCorvey’s case was the one they needed. Unfortunately for Norma, Roe v. Wade was not passed in time for her to abort her baby. Her lawyers argued the woman’s right to abortion was protected by the 9th amendment, being that the denying abortion was a violation of the right to privacy. Abortion ties into privacy; the right to privacy ties into the 1st, 4th, 9th and 14th amendments.

“[The] right to privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the district court determined, in the Ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy." (White, 94)

In Griswold v. Connecticut: Birth Control and the Constitutional Right of Privacy, Johnson outlines the struggle to overturn an 1897 Connecticut anticontraception law while arguing for the right of privacy. In the case of Griswold v. Connecticut, attorney Thomas Emerson argued that the “anticontraception statutes denied Griswold and Buxton their right to liberty and property without due process of law, as guaranteed by the first section of the Fourteenth Amendment.” Furthermore, in constructing the constitutional right of privacy, Emerson cited the First, Fourth, Ninth, and Fourteenth Amendments. Then, in the Supreme Court’s 1965 majority opinion, Justice William Douglas stated that “The First Amendment… has a penumbra where privacy is protected from government intrusion.” He went on to elaborate that the 1897 Connecticut anticontraception law was unconstitutional because “a law such as Section 53-32 that attempts to punish the mere use of contraceptives ‘sweep[s] unnecessarily broadly and thereby invade[s] the area of protected freedoms.’” Therefore, Griswold was finally able to achieve a fight that had begun fifty years prior.

FACTS: in 1973 with the passing of Roe v. Wade, women were guaranteed, under a right to privacy in which the woman has the right to choose whether or not to get an abortion, however, this right was not confirmed to be absolute. Nearly 20 years later, in the case of Planned Parenthood v. Casey, the “central holdings” of Roe v. Wade were reaffirmed, by providing limits in which federal and state governments can regulate abortion. Unfortunately, conflict arose between Casey and Roe, when trying to ensure the woman still has a right to choose, which lead to allowing a prohibition of late-term abortions, unless the health of the mother was at stake. Next, in 2000, the case of Stenberg v. Carhart forced the court to consider a Nebraska state law that was passed banning late-term abortions and whether the statute was unconstitutional, which it was found to be, because the statute did not include an exception for the health of the mother and that the language used was so broad that it burdened a woman’s right to choose. Then, in 2007, the case of Gonzales v. Carhart raised the issue once again on a federal law that had been passed, the Partial-Birth Ban Act of 2003. The lower courts claimed it to be unconstitutional because of the lack of exception for the health of the mother. This Act however, was found to be constitutional and The Supreme Court decided to look once again at the precedent, under stare decisis

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.

Every year, as many as a million lives are aborted; lives that could potentially have been your neighbor, your friend, or even your son or daughter. Abortion is the surgical process of killing a baby by various means; and has been in effect since the Supreme Court ruling on Roe V. Wade in 1973 which legalized it nationwide. It was, at first, endorsed as being a woman’s right, but has more recently been viewed by most as the murder of an innocent child. Besides this shift in views, abortion has caused diverse effects on our culture and nation, as well as the death of upwards of 56 million children according to Life News. Our society has been deeply impacted by the effects of abortion and the loss of millions of innocent lives, and Christian

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,

While all the Court Justices in Griswold v. Connecticut agreed that the legislation prohibiting the use of contraception was purely irrational, Justices Douglas and Black differed with the Court’s judgment about the case decision. Justice Douglas expressed the majority’s opinion in which he stated that the Connecticut law that banned the use or supply of contraception was unconstitutional because it failed to obey the “right to privacy” derived from certain privacy rights listed on the Bill of Rights. On the other hand, Justice Black disagreed with Justice Douglas by stating that the rights enumerated by Douglas were a mere implication of privacy and that the “right to privacy” didn’t reflect anything stated directly on the Constitution.

In 1973, the US Supreme Court declared abortion a nationwide fundamental right through a trial called Roe vs. Wade and protected this right underneath the Fourteenth Amendment, more specifically, the right to privacy. A basic human right, especially one outlined by the Supreme Court, must never run at risk or threat chiefly because not everyone agrees with it. Under no circumstances should a pregnancy ever adjudge mandatory. Abortion is a Constitutional right and as a nation we must fight to give the right and freedom of safe abortions to women all around the nation, make birth control and sex education accessible to women, and raise awareness about the topic itself. (LawCornell)

Each day throughout our world, medical professionals suction thousands of babies from their mothers’ wombs through a procedure called abortion. The law protects and provides consent to both the mother and the medical professionals for these procedures. However, the babies seemingly have no right to protection or life themselves because of the argument regarding when a fetus is determined be human and have life. Pro-life author, Sarah Terzo, in a LifeSiteNews.com article, relays the following testimony supporting this from a medical student upon witnessing his first abortion, “Rejected by their mothers and regarded as medical waste by their killers, society allows these babies to die silently, with no recognition or acknowledgment of their

But in January of 1973, when the Supreme Court announced their decision in Roe v. Wade, the Supreme Court took on new life, as its decision pronounced the Court a maker of public policy. Through Roe v. Wade, the Supreme Court created the blueprints for a national abortion policy. A policy that declared a woman’s right to an abortion unconditionally protected by the constitutional right to personal privacy. The framework, the general principle of Roe v. Wade was properly decided. The Constitutional right of personal privacy should be interpreted to include a woman’s right to obtain an abortion. However, some areas of the Court’s decision are flawed, particularly their decision to divide pregnancy into trimesters.

Many Americans or even others around the world that believe abortion is murder. Abortion is so much like murder as it is killing someone, it is the defiance of the community to agree with the sanity of a human life. There is no place on earth where someone does not get charged for harming someone intentionally or taking the life of someone, abortion is no different. For example, if someone picked up a knife and stabbed another human being and ends up killing them. It is similar to a process of abortion occurs like when the physician uses his/her utensils to take out the fetus. That person will get charged for killing that person, why wouldn’t a woman get charged for killing her own unborn child? It may seem like the physician is doing all the “crime” but it is under the mother 's responsibility because of her decision to have the abortion. People say that the fetus has no idea of

From my sociological imagination I believe that abortion is a social problem. I was raised Catholic. My mother comes from a strong Catholic Hispanic family and my dad was raised with strong white protestant values. I was brought up to believe that abortion was wrong. For the most part my mother believed that all abortion was wrong while my dad probably believed that it was okay if the mother’s life was in danger or possible in case of a rape situation. By the time I was born the Roe v. Wade decision of 1973 had already been decided.

In the 1973 Supreme Court Case Roe v. Wade, Justice Harry Blackmun noted that, historically, common law had “offered minimal scrutiny of abortions done prior to quickening” (Sehat, 2011, p. 261). Throughout the nineteenth-century, however, this interpretation began to disappear as more restrictive statutory codes were set in place, coinciding with the growth religious influence (Sehat, 2011, p. 261). With no historical precedent, Blackmun suggested that the right to abortion was protected under the right to privacy (Sehat, 2011, p. 262). Notwithstanding much of the law being written to represent religion, namely Christianity, the law began evolving to reflect a more secular