Law Paper
Abortion in the United States of America
One of the most controversial cases in American law is Roe v Wade, a decision impacting abortion laws in America. In the case, the Supreme Court ruled that a woman has a right to have an abortion anytime in the first trimester and can have an abortion in the second trimester under stricter conditions regarding the facility the abortion is performed in and the physician who performs the procedure. The decision angered many states because they previously had laws prohibiting abortion because many people at the time found it unsafe and immoral. The court defended its decision based on the 14th amendment, which gives a woman a fundamental right to “personal, marital, familial and sexual privacy” that is “protected by the bill of rights” (Baird 34). Fundamental rights, like freedom of speech, can only be taken away if the state has a compelling argument to take the right away. If a right is not deemed fundamental, the government only has to have a “rational scheme to achieve collective good” (Tribe 10). The most common example of this is driving; a right, which the government can take away for bad eyesight or not following traffic laws (Tribe 10). Since a woman’s right to privacy is fundamental, the court had to find a compelling argument to take the right away. In the past, abortion has been illegal because the government determined that protecting a woman’s health from unsafe procedures, discouraging illicit sexual acts, and protecting prenatal life were compelling arguments that could be used to take away the right to privacy. In today’s society, the court needs to consider similar compelling arguments. The court should find protecting the potentiality of life and the damage abortion can cause to women’s physical and emotional health as compelling arguments that can be used to overturn the decision of Roe v Wade and make abortion illegal in America. It is the government’s responsibility to protect and respect
One of the most controversial cases in American law is Roe v Wade, a decision impacting abortion laws in America. In the case, the Supreme Court ruled that a woman has a right to have an abortion anytime in the first trimester and can have an abortion in the second trimester under stricter conditions regarding the facility the abortion is performed in and the physician who performs the procedure. The decision angered many states because they previously had laws prohibiting abortion because many people at the time found it unsafe and immoral. The court defended its decision based on the 14th amendment, which gives a woman a fundamental right to “personal, marital, familial and sexual privacy” that is “protected by the bill of rights” (Baird 34). Fundamental rights, like freedom of speech, can only be taken away if the state has a compelling argument to take the right away. If a right is not deemed fundamental, the government only has to have a “rational scheme to achieve collective good” (Tribe 10). The most common example of this is driving; a right, which the government can take away for bad eyesight or not following traffic laws (Tribe 10). Since a woman’s right to privacy is fundamental, the court had to find a compelling argument to take the right away. In the past, abortion has been illegal because the government determined that protecting a woman’s health from unsafe procedures, discouraging illicit sexual acts, and protecting prenatal life were compelling arguments that could be used to take away the right to privacy. In today’s society, the court needs to consider similar compelling arguments. The court should find protecting the potentiality of life and the damage abortion can cause to women’s physical and emotional health as compelling arguments that can be used to overturn the decision of Roe v Wade and make abortion illegal in America. It is the government’s responsibility to protect and respect
Bibliography: Baird, Robert M., and Stuart E. Rosenbaum. The Ethics of Abortion: Pro-life! vs. Pro-choice! Buffalo, N.Y.: Prometheus, 1989. Brimingham News [Birmingham] 28 Jan. 1973. Print. Colker, Ruth. Abortion and Dialogue: Pro-choice, Pro-life, and American Law. Bloomington, Ind: Indiana UP, 1992. Omaha World-Herald [Omaha] 28 Jan. 1973. Print. Sass, Lauren R. Abortion: Freedom of Choice & the Right to Life. New York: Facts on File, 1978. The Indianapolis News [Indianapolis] 26 Jan. 1973. Print. Tribe, Laurence H. Abortion: the Clash of Absolutes. New York: Norton, 1990. Colker, Ruth. Abortion and Dialogue: Pro-choice, Pro-life, and American Law. Bloomington, Ind: Indiana UP, 1992. Tribe, Laurence H. Abortion: the Clash of Absolutes. New York: Norton, 1990.