Kaitlyn M. Niek
AP United States Government Pd. #3
05/22/17
National Issues Paper
Why Pro-Choice is the Right Choice Abortion is a hot topic in United States politics as of late, and rightly so. Though religion, costs, maternal psychological damage, and societal morality are often cited as reasons to oppose abortion, a woman’s right to make her own decisions should always prevail. Abortion should be nationally legalized during the first trimester of pregnancy because Roe V. Wade has declared abortion a “fundamental right” to women, fetuses are incapable of feeling pain during the period when most abortions take place, women should be given the right to choose what happens with their body, and access to legal abortions decreases the
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The code went on to say that even the attempt of an abortion, successful or otherwise, should be punished in the same sense. The only stipulation was that an abortion may be performed if done with medical advice to save the life of the mother. Roe believed that these statutes were unconstitutionally vague, and challenged them in the Supreme Court on grounds of Constitutionality.
Using the First, Fourth, Fifth, Ninth, and Fourteenth amendments, Roe set out to get the laws struck down. The most important of her arguments were in the fourteenth and ninth amendments, where she argued that all people had a right to privacy under the fourteenth amendment’s concept of personal liberty and restrictions on state action, and the ninth amendment’s concept of reserved rights to the people. The court ruled in Roe’s favor, voiding Texas’s abortion laws. The official decision of the court, written by Justice Harry Blackmun, cites reasons of vagueness, and using precedent set by 1891 case Union Pacific R. Co. v. Botsford, where the supreme court upheld and recognized a right of personal privacy. In justifying this decision, Blackmun stated that, “In varying contexts, the Court or individual Justices have, indeed, found at least the roots of that right in the First Amendment; in the Fourth and
This case was about a pregnant mother, that wished to undergo an abortion in Texas because she could not afford to go somewhere else for the medical procedure. Jane Roe sued on behalf of ever women to prevent the enforcement of Texas statutes criminalizing all abortions except those performed to save the life of the mother. Jane Roe sought a declaratory judgment that the statutes were unconstitutional vague and abridged her right of personal privacy, protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. The right to personal privacy includes the abortion decision, but the right is not unqualified and must be considered against important state interests in regulation.
A famous feminist named Margaret Sanger once said,“No woman can call herself free who does not control her own body.” In 1973 the united states supreme court pass the right to get an abortion. The court ruled 7-2 extending the 14th amendment. The case is known as Roe V. Wade case.
In 1973, the Supreme Court took on the case of Roe v. Wade. This Supreme Court case was based on the right of privacy in reference to abortion. The case ruled that the U.S Constitution effectively mandates a nationwide policy of abortion on demand. This case is one of the most criticized cases in Supreme Court history.
Wade was a high court consideration for Texas law outlawing abortion in all cases except those in which the life of the mother was at risk. Lower federal courts had declared the statute unconstitutional, deciding that women cannot be denied the right to decide whether to complete a pregnancy or not because their right to basic privacy and liberty interests contained in the Constitution would be violated. In a 7-2 vote, the Supreme Court affirmed the lower court’s ruling, concluding that the constitutional rights to privacy and liberty protected a woman’s right to terminate her pregnancy. While the Constitution does not mention any right to privacy verbatim, there is a guarantee of privacy in certain zones which are explained in the amendments within the Bill of Rights and in the 14th Amendment’s guarantee of liberty. Marriage, contraception, family relationships as well as child-rearing are all areas or zones of privacy protected. The conclusion in Roe v. Wade saw the access to abortion to be a fundamental right and only a “compelling state interest” could enact legislation to limit this right. In addition the state must also have “important and legitimate interest” in protecting the health of the mother and “the potential human life” inside
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.
Since the 1960s, the fight to receive accessible and affordable abortions has been a largely controversial issue in the United States. The case Roe v. Wade was the climax of that fight, for “the Court held that... only a pregnant woman and her doctor have the legal right to make the decision about an abortion” (“History of Abortion”). Although Roe v. Wade ultimately made abortions legal in the States, there are still setbacks for affordable and accessible abortions today, and many of these conflicts may be directly traced to state-by-state determination of abortion laws.
With the evolving moral standards of society, abortions are becoming more and more justified. Abortions, the practice of removing a fertilized egg from a mother, has become a controversial issue in American society, but should be generally supported because women should have the choice on how they choose their eggs to go on, whether it be to end further growth of the fetus or not. Women have a right to control what happens in and with their body.
Over the years controversies on abortion was a salient issue and today the topic still remain the debate, said Driedger, Leo, and Shiva S. Halli. Ongoing debate whether if it right or wrong to end a life causes tension worldwide. Pro-choice argue that it’s their right to decide whether abortion is the option. Determining whether the abortion is a right or wrong, the decision depends on an individual believe, situation, and preference according to NARAL Pro-choice America staff in 2016. Pregnancy occurs from sexual activity whether voluntary participating or un-consensual, but when pregnancy resulted unexpectedly women may seek abortion. Some common reasons why women have an abortion are because too young, victim of rape or incest, contraceptive failure, financial issue, inconvenient, career priority, and without any reason abortion would be an easier decision according to Driedger, Leo, and Shiva S. Halli. Pro-Choice is a movement act that allows women rights to terminate pregnancy base on the Roe v. Wade Supreme Court case in 1973, said FedWorld official webpage 2016.
In 1973, Norma McCovery who is also known as Jane Roe brought a case to the Supreme Court. She and her defense team claimed that the 1859 Texas abortion law violated women’s constitutional right to have an abortion. Before reaching the Supreme Court, this case, which was a class-action suit, was argued in a Dallas Fifth Circuit Court on May 23, 1970. The judges in Dallas ruled that the Texas law violated Roe’s right to privacy which is found in both the Ninth and Fourteenth Amendment, so this case was then sent to the U.S. Supreme Court (Brannen and Hanes, 2001).
“Over the last three decades, the abortion debate has been characterized as the clashing of rights: the human rights of the unborn on the one hand and the reproductive rights of women on the other.” (Erika Bachiochi “How Abortion Hurts Women: The Hard Proof”) Abortion has been one of the most controversial topics in history. We are constantly seeing the news talk about it and rallies over why people want to keep abortions legal or put a stop to this cruel act.
There are few issues in the American political climate that are as divisive as that of abortion. Though it had a history before 1973, intense legal opposition by counter movements did not occur the way it currently does. In 1973 the Supreme Court decision Roe v. Wade established a woman’s right to privacy, which extends into the right to have an abortion in the first trimester of pregnancy. This success for the pro-abortion rights side as a result served as the catalyst for the anti-abortion, or “pro-life” movement.
One of the first moral issues addressed by both sides of the abortion debate concerns a pregnant woman’s so-called natural “right” to make “reproductive choices.” (“The Rights of Pregnant Women”) Anti-abortion advocacy groups claim that “the only way to actually protect the mother’s rights will be by enforcing laws that secure her child’s right to life,” (“Argument 2”) whereas pro-abortion groups contend that these laws “create a dangerous precedent for wide-ranging government intrusion into the lives of all women.” (“The Rights”) With two fundamentally contrasting viewpoints at odds with each other, it is apparent that one of the core issues concurrent with abortion is a woman’s rights versus the rights of her unborn fetus.
States could only enact abortion laws protecting the “life” of the fetus only in the third trimester, but exceptions must be made to protect the life of the mother. Linda Coffee and Sarah Weddington fought the case on behalf of Norma McCorvey (Jane Roe) under the claim that the Texas law banning abortions violated Roe’s constitutional rights to privacy (McBride, Roe v. Wade). The Supreme Court decided in Roe’s favor in a 7-2 decision (Oyez, Roe v. Wade). The decision deemed marriage, contraception, and child-rearing as part of a Constitution-guaranteed “zone of privacy” from the 1st, 4th, 9th, and 14th amendments. This decision also deemed a woman’s right to terminate her pregnancy as part of this zone of privacy. The opposition gave three justifications for banning abortions. The first was a Victorian-like social concern to discourage illicit sexual conduct, the second to protect the life of the mother, and the third to protect prenatal life. The court rejected the first two reasons, and ruled that fetuses do not fit the definition of a person (McBride) The court also ruled that if a fetus is viable, then states may disallow abortions as long as the life of the mother is not at stake, and states may restrict abortions during the 2nd and 3rd trimesters. Forty-six states were affected by this decision.
Abortion remains a common medical procedure in today’s society, even though its rates have steadily dropped since 2000. Studies show that one in three women will have an abortion sometime in their life. There has been a constant religious and political debates between health care and abortion services. Many people believe they shouldn’t have to pay for their own abortion, just like they don’t have to pay for their birth control, doctor visits, or dental. This is an accusation that many pro-life people like to use on women who believe that anyone can have control on when and if they have children. The first thing to do is address to the challenges with provisions associated with abortion coverage, Medicaid and the Hyde Amendment, and second come up with solutions to these ongoing battles.
Abortion is a controversial topic that has plagued the country for decades. Even after the 7-2 Supreme Court trial (Roe vs. Wade) made it legal for women to choose to get abortions. This decision was based off the right of privacy coupled with the agreement between the woman and the state. Due to this decision abortion rights vary from state to state, in fact, about 85% of United States counties do not provide abortion services. Even though, abortion is ten times safer than the actual process of giving birth and 68,000 women died from resorting to “back-alley abortions.” Knowing all this, there are still two main groups arguing