From Roe vs. Wade to 2012
Michele Babcock
Exams and Specialty Lecture
09/23/2012
Abstract This paper will state the medical definition of abortion. Summarize the famous court case Roe vs. Wade and the impact that had on The United States. This paper will also discuss the present abortion debate, the states that have chosen to ban abortion, and the affect this will have on individuals. The last part of the paper will be my opinion on the current abortion ban.
This first part of the paper will start with the medical definition of abortion: an abortion is the premature exit of the products of conception (the fetus, fetal membranes, and placenta) from the uterus. It is the loss of a pregnancy and does not refer …show more content…
to why that pregnancy was lost. Another form of abortion: spontaneous abortion is the same as a miscarriage. The miscarriage of 3 or more consecutive pregnancies is termed habitual abortion (http://www.medterms.com/script/main/art.asp?articlekey=2091). Roe vs. Wade, argued December 13, 1971, reargued October 11, 1972 and finally decided on January 22, 1973. The case was about a pregnant single woman (Roe) who brought a class action challenging the constitutionality of the Texas criminal abortion laws, which proscribe procuring or attempting an abortion except on medical advice for the purpose of saving the mother’s life. The Texas interpretation of the abortion law was overturned, which made abortion legal in the United States. The Roe vs. Wade decision held that a woman, with her doctor, could choose abortion in earlier months of pregnancy without legal restriction, and with restrictions in later months, based on the right to privacy. All state laws limiting women’s access to abortions during the first trimester of pregnancy were invalid. 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 (http://womenshistory.about.com/od/abortionuslegal/p/roe_v_wade.htm). Decades later, a woman’s constitutional right to choose still isn’t safe, and Roe is in serious jeopardy. In 2005, Congress confirmed the appointment of two new anti-choice Supreme Court justices, Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr., both of whom had been nominated by President George W. Bush. As a result, the court is closer than ever to overturning Roe. In 2007, in a 5–4 decision, the court upheld the federal abortion ban passed by Congress and signed by President Bush in 2003. Although Roe v. Wade is still the law of the land, the ban criminalizes abortion procedures in the second trimester of pregnancy that doctors say are often the safest and best to protect women's health. Thus, the ruling allows politicians to make medical decisions that should be made by women and their doctors. Anti-choice legislators are attempting to launch a wave of state abortion bans, in the hope that the new anti-choice court will overturn Roe, leaving a woman’s right to choose safe and legal abortion in the hands of 50 different state legislatures (http://www.plannedparenthoodaction.org/positions/roe-v-wade-643.htm). Dozens of new restrictions passed by states this year have chipped away at the right to abortion by requiring women to view ultrasounds, imposing waiting periods or cutting funds for clinics. But a new kind of law has gone beyond such restrictions, striking at the foundation of the abortion rules set out by the Supreme Court over the last four decades.
According to the article 10 States Where Abortion Is Virtually Illegal for Some Women, written by Amanda Marcotte, as of 2012 there are 10 states were abortion is virtually illegal for some women. Idaho: Even though the constitutional right to abortion has been established for 38 years, a woman in Idaho was arrested and charged for aborting her pregnancy. The woman bought some drugs online to terminate her pregnancy, and was ratted out by an acquaintance who disapproves of a woman’s right to choose. Even though the rat is technically on the wrong side of the constitutional determinations regarding this question, she got her way. The woman in question was arrested because of Idaho’s recent ban on post-20-week abortions, even though she claims to have believed she was only 14 weeks along, which could be true, if she wasn’t seeing a doctor during this time. Iowa: Iowa’s doing better on the numbers; unlike in most states, the number of providers has grown, from nine to 11. But that doesn’t mean it’s still not dangerous for women in Iowa. Think being charged for a crime for having an abortion is scary? A woman in Iowa was arrested (not, thankfully, prosecuted) for merely thinking about abortion. Utah: No woman’s story is …show more content…
too heart-rending for anti-choice zealots not to try to put her in jail for attempting an abortion. A pregnant 17-year-old who lived without electricity or running water in rural Utah, who may have been exploited by an older man and who certainly had no way to get to a doctor or pay for an abortion, paid a man $150 to beat her in the stomach. Louisiana: now has a law allowing abortion clinics to be shut down for any violation of any regulation, no matter how minor, even though it’s standard in most cases to let medical facilities stay open as long as they’re resolving the problem. To make it worse, Louisiana has a bunch of regulations that apply only to abortion providers that can be used for this purpose; laws such as requiring abortion providers to have a board of directors, even though other ob-gyns who do similar procedures do not have similar restraints. The law has already been used to shut the doors of one clinic in New Orleans; a major loss as there’s only seven providers in the entire state, four of whom are in New Orleans. And if that wasn’t bad enough, Louisiana is also looking to ban abortion outright and attempt to take the issue back to the Supreme Court. Kansas: It may still be legal to get or provide abortion in Kansas, but it’s become increasingly dangerous to do so. Human rights aren’t really being secured if trying to exercise those means facing threats of violence, as the civil rights activists of the past can tell you. Already one abortion provider in Kanas, Dr. George Tiller, has been assassinated, which dropped the number of providers in the state from four to three. Virginia. Virginia is quickly rivaling some of the more Deep South states in the art of using legal harassment to run abortion providers out of business. If anti-choice forces prevail, at least 17 of the 22 abortion clinics in Virginia will be forced to shut their doors. Mississippi: The legal battles continue over whether or not it’s legal for the state to issue a ballot initiative on the question of whether a fertilized egg should be legally considered a “person.” The Jackson Women’s Health Clinic claims to be the only abortion clinic in the entire state. Indiana: Indiana has dropped from 15 providers in 2005 to 12 in 2008. Law enforcement in the state has been looking for creative ways to put women in jail for failing to bear live children. Ohio: Luckily, legislation that would ban abortion of any pregnancy where the fetus has a heartbeat is currently stalled in the legislature, but if this bill moves forward, it could be nearly as dangerous as a bill defining a fertilized egg as a person. In many pregnancies, there’s a heartbeat detectable before a woman notices her period is late, so the bill would essentially criminalize all abortions. As noted, a woman has been arrested in Idaho for self-abortion after the 20-week limit, so a limit at eight or nine weeks would open the door for arresting women left and right in Ohio. South Dakota: South Dakota legislators passed the most stringent waiting period law in the country, requiring a woman to wait 72 hours for an abortion and consult with a registered anti-choice pregnancy center before getting her abortion. Crime, poverty, and divorce have gone down since Roe these will go back up.
Also, the number of pregnancies that end in abortion, the population will go up by that number, which puts an additional strain on social programs and natural resources. There will be more women dead from botched abortions; since abortions will be illegal it’s not a medical procedure so everyone and anyone will start performing them. The constitutional guarantee of freedom of choice will once again have been seriously violated. To abortion illegal will increase the number of teenage mothers, resulting in many budding careers and life-plans being killed and replaced by diaper changing. To make abortion illegal will increase the number of poor, sick, deprived, uneducated, and unhealthy and drug addicted people. Making abortion illegal will increase grief, misery pain and suffering for millions of people who are already overburdened with too many children. Making abortion illegal will result in increased child neglect, increased child abuse, and increased child abandonment. Spousal abuse (and spousal abandonment) will also rise because the combination of more unwanted children and more frustrated parents will result in more parents taking out their frustrations on their spouses and on their children. If abortion becomes illegal, there will be a-church-dominated-government will have won another victory and will go on to attack still more of our constitutional freedoms. Many highly ethical,
highly just, well-educated and highly skilled people will be forced to choose between what their conscience tells them is right and what is "legal", many of them might follow a life a crime. So far 10 states have changed their abortion laws and made it hard for women to have an abortion without facing some kind of legal troubles. Eventually this number will multiply, it becomes a domino effect, once one states changes a law others will follow. In a couple years Roe vs. Wade will be overturned and women’s rights will have backslide to how it used to be. I would like to state that abortion has been a very controversial topic for many years; there are many arguments for both sides in in the end it should be up to the individual. It’s their body it should be their decision. I would never have an abortion myself, but I am pro-choice. I believe that every woman has the right to choose what is right for her. If these abortion laws are upheld than that right will be taken away from us as women, and I believe that will only be the start. Once the government takes away one of our constitutional rights what is to say that they won’t start taking away more. In conclusion abortion has gone from the individual’s constitutional right of privacy to a worldwide debate. The epic court case Roe vs. Wade’s decision protects the right to privacy and legalized abortion in the US. It was, and continues to be, the most influential court case affecting abortion laws. This Supreme Court landmark case is one of the most controversial of all time. To many women, the right to an abortion represents more than just a right to privacy as protected by our constitution. Within the last decade this historical court case is in grave danger of being overturned. It already has started with many states changing and/or implementing restrictions on abortions.