The Constitutionality Of Abortion Essay

There were a number of court cases that were used as precedents for Roe v. Wade. Since the Marbury v. Madison case in 1803, the Supreme Court was mandated the power to interpret the Constitution and consider any law unconstitutional known as judicial review. The next stepping stone for abortion was Griswold v. Connecticut that was enacted in 1965 that ruled contraceptives as a couple 's right to privacy. The first Supreme Court ruling that legalized abortion throughout every state in the United States was the case of Roe v. Wade. Under the alias of Roe, a pregnant woman secured her rights to an abortion under marital privacy as an extension of her right to privacy.

The states currently hold the right to decide whether or not to allow abortion for the second and third trimesters. Regardless of the method, women fight

Roe vs. Wade is the highly publicized Supreme Court ruling that overturned a Texas interpretation of abortion law and made abortion legal in the United States. The Roe v. Wade decision held that a woman, with her doctor, has the right to choose abortion in earlier months of pregnancy without legal restriction, and with restrictions in later months, based on the right to privacy. As a result, all state laws that limited women 's access to abortions during the first trimester of pregnancy were invalidated by this particular case. State laws limiting such access during the second trimester were upheld only when the restrictions were for the purpose of protecting the health of the pregnant woman. Roe v. Wade legalized abortion in the greater United States, which was not legal at all in many states and was limited by law in others.

The District Court decided that Jane Roe had standing to undertake this argument and that she presented a justifiable controversy. On January 22, 1973 the US Supreme Court announced its decision in Roe v. Wade, in a 7-2 vote, challenging the Texas statute that made it a crime to perform an abortion unless the woman 's life is at stake. Texas law recognized for the first time that the constitutional right to privacy is broad enough to encompass a woman 's decision whether or not to terminate her pregnancy. Roe v. Wade made all state laws outlawing abortion unconstitutional, except to save a woman 's life or in cases of rape, incest or fetal abnormality. This made abortion services much safer and much more accessible throughout the country.

“On January 22, 1973, the U.S. Supreme Court announced its decision in Roe v. Wade, a challenge to a Texas statute that made it a crime to perform an abortion unless a woman’s life was at stake. The case had been filed by “Jane Roe,” an unmarried woman who wanted to safely and legally end her pregnancy. Siding with Roe, the court struck down the Texas law. In its ruling, the court recognized for the first time that the constitutional right to privacy “is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy” (Roe v. Wade, 1973).

The Right to Abortion On January 22, 1973, in a 7-2 ruling, the U.S. Supreme Court handed down it’s landmark decision in the case of Roe v. Wade, which recognized that the constitutional right to privacy extends to a woman’s right to make her own personal medical decisions — including the decision to have an abortion without interference from politicians (Planned Parenthood). There are many moments in history when Roe v. Wade has been so close to being overturned, yet it is still in place. Abortion should stay legal, or not overturned, for the health of women everywhere. First, this important case took place at the time of abortion being illegal in most states, including Texas, where Roe v. Wade began.

The motivations for anti-abortion laws varied from state to state. But in 1973 the supreme court “recognized that the constitutional right to privacy extends to a woman’s right to make her own personal medical decisions — including the decision to have an abortion without interference from politicians. ”(Planned Parenthood Roe) This was called Roe v. Wade.

The Court held that a woman’s right to an abortion fell within the right to privacy protected by the Fourteenth Amendment. This decision gave woman the liberty to abort a fetus during the first trimester. It also defined different levels of state interest for the second and third

56. Webster v. Reproductive Health Services (1989): The Court upheld Missouri restrictions on abortions that “public employees and public facilities were not to be used in performing or assisting abortions unnecessary to save the mother 's life; encouragement and counseling to have abortions was prohibited; and physicians were to perform viability tests upon women in their twentieth (or more) week of pregnancy.” It was a fractured decision that seemed to contradict Roe v. Wade but the court decided to not revisit any parts of Roe v. Wade after this case. The Missouri restrictions did not violate the right to privacy or the Equal Protection Clause of the 14th Amendment.

The Court ruled that the states were forbidden from outlawing 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 (McBride). At the time Roe was decided, most states severely restricted or banned the practice of abortion. My thoughts on the abortion debate fall in between conservative and liberal views. I believe that women have aright to have an abortion under certain circumstances. If the mother needs an abortion to live it should be legal.

For the last couple of years, americans have been deeply polarized over the issue of abortion. They debate has been cast in terms of “ pro-life” views and “pro-choice” views. The legality of abortion was confirmed in 1973 when the United States Supreme Court struck down a Texas

Abortion is a very sensitive issue. Many people are constantly debating whether or not abortion should be allowed or not. Some people think abortion is very bad and that it should not be allowed at all. They think abortion is like committing murder as it is killing the human fetus. Others feel that the parents should have the right to choose and it is not murder until the baby is born.

A second reason why abortion is wrong is because it deprives the fetus from his future. When we decide to kill a fetus then we are taking away from him a future like ours. The argument is as follows : (1) it is impermissible to kill humans, who if lived, would have a future like ours, (2) if abortion is not done, the fetus would have future as we do have, (3) so it is wrong to kill the fetus (4) therefore abortion is impermissible. A similar argument was given by Don Marquis in his article “Why Abortion is Immoral”. He stated that what makes killing wrong is neither the effect on the murder, nor the effect on the victim’s relatives or friends, but the effect is on the victim himself.

Abortion Abortion is the ending of pregnancy by abolishing a fetus or embryo before it can survive outside the uterus. Abortion is a very controversial topic, for example, one side of this topic believes abortion is cruel and committing murder, while the other side believes that since the fetus or embryo isn 't developed enough to be considered a living human being yet, that abortion is not commiting murder. Despite this information, there is a lot more to abortion than the opinion of it being “right” or “wrong”. According to “Students for life” who are pro life, about 1 million abortions are executed each year in the US. That data adds up to 22% of pregnancies ending in abortion.

Abortion Abortion is one of the most talked about issues right now. Everyone seems to have an opinion, a strong one. This is still a debate, even though in 1973, the Supreme Court ruled that the procedure is a fundamental right in the case Roe v. Wade (Abortion ProCon.org, 1). Abortion is the ending of a pregnancy before you have gone full term, which means that the embryo cannot survive on its own.