The Supreme Court 's Power Struggle Over The Abortion Debate

Abortion has been a heated debate in the United States for decades. Since before the ruling on Roe v. Wade, it is clear that this is an issue that is far from ever being decided upon. Between those who are pro-life and those who are pro-choice, scholars from both sides work on disproving the morality of the other side. With the evolution of abortion laws and regulation through the decades, it is difficult to imagine the United States without conflict pertaining to abortion. Despite pro-life and pro-choice agendas, the country is in ever-changing opinion when it comes to abortion.

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.)

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).

In contemporary America it can be argued that nothing is more contentious and controversial of an issue than abortion. From the vehement pro-life movement to the impassioned pro-choice coalition, this policy issue is one that has become increasingly important in our society. This debate has raised important questions regarding the value of human life, at what stage of development does a fetus have it’s constitutionally ensured rights take hold over that of the mother and at what stage can a state start regulating abortions.

Few Supreme Court decisions have stirred up as much controversy, vitriolic debate, and even violence as the one delivered in Roe v. Wade in 1973. Four decades later, it remains a touchstone for the culture wars in the United States and a pivot upon which much of American politics turns. In fact, the authors of “Roe v. Wade: The Abortion Rights Controversy in American History” state that even today, the case (and its companion cases) “remains the most divisive and controversial judicial decision of the twentieth century” (3). Although it is a landmark case in itself, its continuing influence on American law and politics proves that its legacy lives on far beyond its formal resolution in a court of law. Essentially, the most important points are that the cause of the case’s complexity and drama is the legal relationship between men and women that the ruling mirrored and compounded, the way the medical profession was impacted, and the political significance that the issue still holds presently.

Otto von Bismarck once said, “Laws are like sausages, it is better not to see them being made.” The arduous process that a bill undergoes in order to become a law may seem grueling and pointless; however, the processes high caliber of difficulty allows for the extreme prestige and exclusivity of bills that are passed. Because the process is so exhausting, and filibusters, subsequently requiring a super-majority vote to pass a bill, have always been such a threat in Congress, historically, bills that attempt to reform sensitive issues have not fared well in the legislative branch. However, when Congress does pass controversial laws, it then also faces the task of effectively enforcing them. But, when the process is carried out to

For many years abortion has been the topic of controversy among the political, social and religious spectrum. Each holds individuals with dichotomous views on the legality of abortion. In recent times, the topic of abortion has returned to the courts to challenge political and religious opposing views. In this case, Texas has attempted to combine their religious perspective of abortion into the political sphere by demanding laws restricting abortion practices in clinics. On the other hand, liberal women and women’s rights groups are demanding the unconstitutionality of these restrictions. Therefore the restriction of women’s reproductive rights in laws that are being implemented in Texas should be rejected because of its potential threat

Abortion was still causing problems ten years after the Roe v. Wade case decision. The decision caused division and created virtually two groups. As a result of the decision relating to abortion two types of groups emerged pro-life and pro-choice. “The pro-life group feels women should not have an abortion; whereas pro-choice believes the woman herself should have the right to decide if she wants an abortion” (Brannen et al 788). “Pennsylvania law issue in Casey regulated abortion requiring physicians to provide women with information about fetal development and alternative to abortions” (Brannen et al). The

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.

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

The purpose of this memo is to provide an overview of the American Civil Liberties Union (ACLU) constitutional challenges and the probability of a successful outcome. First, this memo will summarize the Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt. Next, this memo will address the legal framework the court will apply to the ACLU’s constitutional challenges based on the three Setonia abortion laws. Finally, the memo will also address whether the ACLU’s constitutional challenge to each of the three Setonia abortion laws will

The issue of abortion is notoriously controversial. Since the Supreme Court’s 1992 ruling in Casey v. Planned Parenthood, states have enacted different restrictions on the procedure. These restrictions vary from state to state. Nineteen states currently have laws prohibiting partial-birth abortion, and forty-one states strictly prohibit abortions except in cases of life-endangerment. One particularly incendiary area of abortion law is that of public funding. However, as of this year there are only seventeen states that cover abortion procedures through public funding. In this paper we will discuss federal abortion legislation, while describing the laws and political ideologies of the following states: Texas, California, New

There were, of course, two sides to this case; the side for the clinic regulations and the side against them. ● The first argued that these regulations were “medically unsound” and created an “undue burden” on a woman and her right to have an abortion (“Supreme Court Strikes Down Abortion Restrictions in Texas,” 2016). ● The opposing side argued that clinics should do everything in their power to keep these women safe and that following and enforcing these regulations was the only way to ensure that this happened (“Whole Woman's Health v. Hellerstedt,” 2016). ● There were three main regulations listed under HB2. ● These regulations were that “all doctors who perform abortions have admitting privileges at a hospital within 30 miles of where

Abortion did not immediately engrave itself onto public agenda; it had help. The legal debate over the use of birth control proved to be the catalyst needed to propel abortion to the Supreme Court and into the ranks of public policy. The birth control movement was significant to Roe v. Wade because it served as a key in which to unlock the gates of the Supreme Court. The Supreme Courts decision to hear Griswold v. Connecticut, a case that challenged the Connecticut statute prohibiting anyone to “use any drug, article, or instrument to prevent conception or to give assistance or counsel in its use (p.39)”, is arguably the most significant factor in the Court’s