Abortion -Final Mariel Timothy Howard University October 2014 Abortion, according to dictionary.com (2014) is the deliberate termination of a human pregnancy, most often performed during the first 28 weeks of pregnancy. When it comes to abortion many ethical issues, and questions become a great concern. Some questions of great concern are: is abortion morally wrong? Should abortion be illegal? Is the fetus an innocent person? What’s the right of the mother or father in abortion situations? This research paper will be focusing on some facts about abortion and why the women should have the right to decide if she wants to have a baby or have an abortion. If a woman wants to have an abortion she should …show more content…
Abortion became legal when the U.S. Supreme Court decided that women have a right to abortion because of their right to privacy. In the Roe v. Wade case a decision was made in 1973 where the federal law U.S. supreme court to protected a woman’s right to choose abortion. In the case the plaintiff Norma McCorvey, filed a federal lawsuit against the pseudonym Jane Roe to have the Texas law declared unconstitutional. She was denied an abortion and it violated her right to privacy (FindLaw) In the end of the case the U.S. supreme court agreed that Roe violated Norma McCorvey’s right to privacy. The rights of the pregnant woman can sometimes conflict with the rights the state has when it comes to protecting human life. The court concluded that (Healthcare Find Law): During a pregnant woman 's first trimester, the Court held, a state cannot regulate abortion beyond requiring that the procedure be performed by a licensed doctor in medically safe conditions. During the second trimester, a state may regulate abortion if the regulations are reasonably related to the health of the pregnant woman. During the third trimester of pregnancy, the state 's interest in protecting the potential human life outweighs the woman 's right to privacy. The state may prohibit abortions unless abortion is necessary to save the life or health of the mother. The case concluded that a fetus is not a person
During the past 40 years, the U.S. Supreme Court, have superseded states as the driving force in crafting abortion policy. Since January’s 1973 decision on abortion, which granted women to constitutional right to terminate their pregnancy. But state legislatures encountered many limitations in the way they can regulate abortion. Currently Abortion is legal in our government law and society. We also have to main party Groups; called Democrat and Republican that
A previously stated with medical marijuana and marriage equality, each state has individual views on abortion depending on their location and history. Such as, the South tends to have more conservative views and be Pro-Life while Northeasters tend to be more liberal and Pro-Choice. The federal government has had “no challenge to the federal law against partial-birth abortion on this ground ever went to the Supreme Court” (Ponnuru 2015). The federal government has already declared abortion legal through the Roe vs. Wade Supreme Court decision in 1973. “Roe v. Wade (1973)… ruled that the states were forbidden from outlawing or regulating any aspect of abortion performed during the first trimester of pregnancy, could only enact abortion regulations reasonably related to maternal health in the second and third trimesters, and could enact abortion laws protecting the life of the fetus only in the third trimester. Even then, an exception had to be made to protect the life of the mother” (The federal government should have the power because it is unconstitutional for certain citizens of the United States to have more rights than other citizens just because of state lived in.
Abortion is the ending of a pregnancy before birth. An abortion results in the death of the embryo or fetus and may be either spontaneous or induced. For years, abortion has been an extremely controversial subject. The history of abortion reaches back not just decades, but centuries, and even milleniums. Today, policies regarding legal abortion in the U.S. is being debated everywhere. Many myths and misconceptions confuse this issue. A better understanding of the history of abortion in America can help provide a context for an improved policy in the future.
According to Justice Blackmun, the decision to terminate a pregnancy is accounted for in the woman's right to privacy. However, he also contends that the state has a right to protect potential life, and this interest becomes compelling at the point of viability.
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).
U.S. Supreme Court stands firm on the idea of restricting a woman 's right to an abortion to the individual state. Forty-three states ban abortions after a certain time period in a woman’s pregnancy. Nineteen of those states prohibits abortions at fetal viability, while three states ban the procedure in the third trimester and the last twenty-two prohibits after twenty weeks’ post-fertilization. Some of these bans have exceptions when the procedure preserves the health or life of the mother (Guttmacher Institute). The remaining states attract the most patients from across the nation and around
There have been many debates over abortion. One of the more famous acts in history about abortion is Roe vs. Wade on January 22, 1973. In this case the U.S. Supreme Court recognized that the constitutional right to privacy extends to a woman’s right to make her own personal medical decisions. This includes the decision to have an abortion without interference from politics and regulations, or religion. Therefore, a state may not ban abortion prior to viability.
U.S. Supreme Court stands firm on the idea of restricting a woman 's right to an abortion according to the individual state. Forty-three states ban abortions after a certain time period in pregnancy. Nineteen of those states prohibits abortions at fetal viability, while three states ban the procedure in the third
Regardless of the opinions surrounding abortion, a majority of people are familiar with the Supreme court cases of Roe v. Wade and Planned Parenthood v. Casey. These two cases have played a tremendous role in regard to the abortion debate. In 1973, the Roe v. Wade case was ruled in favour of Roe and stated the stringent criminalization of abortion in Texas was deemed unconstitutional under the fourteenth amendment. The law violated the right of privacy, which implied the privacy of a woman’s decision to an abortion. Although the courts agreed with Roe, they also recognized the rights to an abortion are not absolute. Limitations to the right was based on the trimesters of pregnancy with the first trimester protecting the woman’s choice and the third trimester being acceptable for states to regulate or even ban abortions outside of therapeutic reasons.
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.
Though it was ruled that states must still make abortions available in the first trimester, it was decided in a five-to-four vote that the states retained the right to place restrictions as long as there were intended to protect the health
As of 1973, the right for a woman to choose to have an abortion or not has been legal, due to the outcome of Roe vs. Wade. The nature of this right, and the disagreement behind its approval, led to states having the right to add restrictions. Marshall Medoff notes there are 13 different restrictions states use, which include, post viability bans, spousal consent or notification, insurance restrictions, counseling bans, partial-birth abortion ban, Second trimester hospitalization, 12 week abortion ban, Medicaid funding restrictions, waiting periods, informed consent, two-visit laws, targeted regulation of abortion providers (TRAP) laws, and parental involvement laws” (161-162). These restrictions, put in place to deter women from getting abortions, make abortions and after care cost more, make physicians inaccessible, and make women have a limited period in which to have
In the Supreme Court case Roe v. Wade of 1973, they stated that a woman and her doctor may decide to terminate a pregnancy during the first trimester. State governments can restrict abortion after the first trimester with laws to
The state has no interest unless the abortion is done within the first trimester of the pregnancy (first 12 weeks, or three months), and is done by a licensed physician. The state only has a say whether they regulate the abortion if it is past 24 weeks, this is so they can protect the women's mental well being. After the fetus has developed the court must have a separate case, due to the fact that there may be several variables involved inside the case.
Even though, the case was overturned now there are small requirements such as the 20-week banned rule. After 20 weeks, the fetus is considered a human so states won’t allow the abortion to happen. 20-week ban, banning the second trimester procedure known