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Should Abortions Be Legal?

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Should Abortions Be Legal?
ro & Con Arguments: "Should Abortion Be Legal?"
PRO Legal Abortion

The US Supreme Court has declared abortion to be a "fundamental right" guaranteed by the US Constitution. The landmark abortion case Roe v. Wade, decided on Jan. 22, 1973 in favor of abortion rights, remains the law of the land. The 7-2 decision stated that the Constitution gives "a guarantee of certain areas or zones of privacy," and that "This right of privacy... is broad enough to encompass a woman's decision whether or not to terminate her pregnancy." [49]

Reproductive choice empowers women by giving them control over their own bodies. The choice over when and whether to have children is central to a woman's independence and ability to determine her future. [134] Supreme Court Justice Sandra Day O'Connor wrote in the 1992 decision in Planned Parenthood v. Casey, "The ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives." [8] Supreme Court Justice Ruth Bader Ginsburg wrote in her dissenting opinion in Gonzales v. Carhart (2007) that undue restrictions on abortion infringe upon "a woman's autonomy to determine her life's course, and thus to enjoy equal citizenship stature." [59] CNN senior legal analyst Jeffrey Toobin, JD, stated that Roe v. Wade was "a landmark of what is, in the truest sense, women’s liberation." [113]

Personhood begins after a fetus becomes "viable" (able to survive outside the womb) or after birth, not at conception. [31] [32] Embryos and fetuses are not independent, self-determining beings, and abortion is the termination of a pregnancy, not a baby. A person's age is calculated from birth date, not conception, and fetuses are not counted in the US Census. The majority opinion in Roe v. Wade states that "the word 'person,' as used in the Fourteenth Amendment [of the US Constitution], does not include the unborn." [49]

Fetuses are

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