Abortion as a Personal Right to Privacy - Essay Example

Running head: roe vs wade 21st February Introduction Roe V.Wade, 411 US 113, is one of the landmark decisions that occurred in US in 1973. The case that was extended the woman’s right to have an abortion was decided in another related case referred to as Doe v. Bolton. Issues that were raised in the case included first, do abortion laws that criminalize all abortion violate the US constitution. Secondly, does the due process clause of the 14th amendments in US protect the right to privacy? Thirdly, are there circumstances where a state may establish laws that prohibit abortion? Fourthly, did the fact that Roe’s pregnancy had already terminated naturally prior to the case decision make her lawsuit moot. Fifthly, was the district court correct in denying injunctive relief? This paper aims at discussing some of the issues that relate to the right of privacy as derived from the Roe V.Wade case. History of abortion in the United States In 1880s abortion was legalized in United States, and it was allowed when the mother’s life was in danger. Since the birthrate was declining during that period among the whites, the government and other human rights agencies were concerned about it. They termed the declining rate of race suicide since they wanted the women who were born in United States to reproduce. Abortion was illegal and thus if a woman had to carry an abortion it depended on the race, economic situation, and the location one lived (Critchlow, 2010). Poor women who came from other races could not afford it due to the high cost. In 1960s, there emerged a group that was known as Clergy Consultation Services on Abortion. It consisted of pastors and rabbis who dealt with illegal abortion since they sympathized with women. During the 1960s, civil rights and antiwar movements campaigned and came up with women liberation movement, and they wanted abortion to be legalized. In 1963, another group that had trained women created abortion services though they assumed that they were counseling individuals in cases of abortion. In 1967 to 1973 some of the states started reforming abortion laws, for example, they came up with cases when a woman was allowed to abort. For instance, in case or rape and incest, it was allowed (Rubin, 2001). In 1970, abortion was legalized in New York and was to be conducted in the first 20 weeks but did not apply to other states. Dissection of Roe v. Wade trial Roe v. Wade marked the landmark of issues relating to abortion in United States. The case was under the jurisdiction of United States Supreme Court. Roe was the pregnant woman who was challenging the constitution on abortion laws in Texas. It was illegal to attempt abortion except when a woman was instructed by medical practitioners when her life was in danger. The case had other plaintiff, Hallford, who was a doctor and was being accused of violating abortion laws. The other was Does who was challenging the abortion laws by arguing that the laws were unconstitutional; on the other hand, the defendant was Wade. The issues that were being raised were if abortion laws in exception of the one that was allowed to save expectant mother violated the constitution. If the fourteenth amendment on abortion has the right to privacy, including abortion. Is there was any law that prohibited abortion. After Roe pregnancy terminating naturally did it lead to the lawsuit debate. If the district court was correct in denying or allowing abortion. The interpretation was that abortion laws that criminalize were unconstitutional since they break the fourteenth amendment. Privacy was protected, and women were not denied right to abort but human life must be protected regarding her health. The natural termination of pregnancy was not the one that led to Roe debate. Right to privacy From when the Supreme Court made a ruling in the case of Roe v Wade where abortion was legalized in some states it is nearly 40 years. In 1973, the court decided that the right to privacy under the Constitution of United States protected pregnant mothers to have the choice to carry an abortion. The right to privacy is in the fourteenth amendment of the US constitution, where the court interpreted abortion as an emotional and an issue that cannot leave politics or the federal and states courts. The decision to have an abortion is a personal issue and thus it was based on the fact that one can decide to vote for a presidential or any other candidate who can come up with solutions that have impacts in the case of abortion (Garrow, 2009). Under the constitution of United States, the Supreme Court held that individuals have the right to privacy and thus abortion was a personal issue, and one can choose to carry an abortion. In the constitution, privacy rights are outlined in the fourteenth amendment, for example, in marriage, the use of contraception, relationships and how individuals can bring a child up among others. Individuals cannot be barred their liberty unless the court intervene in it since the constitution protects the right to privacy. Supreme Court decision The Supreme Court overturned Texas laws on abortion and thus legalizing abortion in United States. The decision that was made was that the individual who wanted to carry an abortion with the doctor were allowed to abort when it was not too late. Earlier months of pregnancy were not restricted but later months were not allowed, this was according to issues based on privacy. The Supreme Court concluded that states laws were not allowed to limit a woman the right to abortion in the early days of pregnancy. The United States Constitution in the ninth amendment in the bill of the right one was not denied individual rights and thus the right to privacy. After basing abortion on the bill of right and right to privacy, they decided that it was a criminal statute that could not been taken into account on the life of the mother was to be considered. The court concluded that in the first-trimester abortion could be carried and thus the bill of right being safeguarded to protect the interest of white women and other women who were from other race. State laws The states laws that had the following impacts on the cases of abortion when the Supreme Court was interpreted the law after challenge of Roe v Wade. The states laws that did not allow women to access abortion through the help of her doctor in the first early pregnancy were condemned and invalidated. Abortion was restricted in the state laws to access abortion when pregnancy was on its second trimester. But it was only allowed when the pregnant woman life was in danger. Though the Supreme Court decided to accept abortion be conducted in United States, the laws did not allow all the states to do it. Other states had rule and regulations that were followed and thus did not allow abortion. Abortion in early pregnancy was left to the medical judgment of both the victim and the doctor while the second trimester it was done due to the states interest. This was according to the laws of abortion on the protection of the mother. If the fetus could survive outside the mother’s womb after considering the health of the woman, then it became a matter of interest to the state to protect the life of the pregnant woman. Statistics In May 2009 a poll was conducted that showed that 37% of the Americans believed that abortion should be legalized. This was compared with 41% of the United States residents who supported abortion to be legalized in 2008. This showed that there was a drop in the percentage on the issues of abortion. On the same year the polls were conducted again by Pew Research Center indicated that on April in 2008, individuals who supported abortion to be legalized was 54% while on the same month in 2009 the support was 46%. This showed percentage drop and thus abortion was an issue of interest to the government (Mohr, 1979). The statistics were based on the politics of United States since they were hard to differentiate and interpret. Political and public support/opinion Abortion issues were being raised during the time of President Reagan, who did not support abortion. The higher percentage of individuals felt that abortion was a matter of concern, and the number of individuals who supported abortion was unclear. The president did not accept abortion when the analysis of the court was carried Reagan termed it as unworkable. Other individuals who were not in support of abortion were associate justice Antonin Scalia, Robert Bork, who opposed Roe v Wade (Schwartz, 1988). They tried to mobilize individual not to accept abortion. On the other hand, public support increased when the court ruled that abortion was legal in the first trimester of pregnancy. 56% of respondent were in favor of abortion while 40% opposed abortion. Pro-life vs. Pro-choice The pro-life individuals they argued that life starts at the time a woman conceives and thus life is precious and should be preserved. Even though Wade tried to challenge legalizing of abortion, she considered that abortion was not right since they took the life of a person. The pro-choice individuals argued that abortion was a personal issue just like marriage, use of contraception, relationship among those who are married among others (Staggenborg, 2006). The choice was granted when abortion was legalized in United States the choice being left to the mother and her doctor in the first trimester of the pregnancy. If the pregnant woman health was in danger, then she had the right to carry an abortion since it was a state matter of interest. Media coverage The media played a role in the controversy that was between the pro-life and pro- choice individuals. For example, the media announced that the Supreme Court took place and Americans were allowed to carry an abortion for the first time in history of United States. Additionally, media would allow individuals to vote in favor and those who were against abortion (Hull, 2004). The polls were conducted on media, and thus results on the respondent would be analyzed to reflect the choice of United States residents. The media gave the update on the rights of individuals in the constitution, for example, the right to privacy which was under the fourteenth amendments. The rule of viability The rule of viability indicated that abortion was to be carried in the first period of pregnancy. The states that were not allowing it were instructed by the Supreme Court to allow it. The second-trimester abortion was allowed when the health of the mother was in danger and thus to save the life of the mother abortion was allowed (Hull and Peter, 2001). In the case of Roe v Wade Roe pregnancy terminated naturally and thus she could not have done anything regarding her pregnancy. Abortion was allowed on the basis of the first and second trimester of gestation. The rule of viability was accepted based on the fact that an individual has the right to privacy according to the bill of right in the fourteenth amendment. Future court decisions that were directly influenced From the period that abortion was legalized judicial decisions that were directly affected. For example, the pro-choice individuals introduced the right to life in the Constitution (Greenhouse, 2005). This was as the result of erosions of abortion rights that were passed; this has made the pro-choice group to form National Abortion Right Action League (McCorvey and Meisler, 1994). Additionally, in 1976 federal funds that were preserved for Medicaid were not allowed to be used to carry the abortion. In 1992 President, George Bush came up with “gang rule” that required all the workers in clinics not to mention abortion the patients. The gang was later ended by Bill Clinton considering that it was against the constitution of United States in 1993. Conclusion Abortion is a personal right to privacy, and this is the reason it was legalized in United States. History of abortion in the United States is shown in the case of Roe v. Wade trial. The Supreme Court decision ruled on the Right to privacy, State laws. Statistics is shown cases of abortion and how individuals gave the ideas of political and public support/opinion. In the case of Roe v Wade there are individuals who are for Pro-life vs. pro -choice. References Critchlow, T. (2010). Intended Consequences: Birth Control, Abortion, and the Federal Government in Modern America. New York: Oxford University Press. Garrow, J. (2009). Liberty and Sexuality: The Right to Privacy and the Making of Roe v. Wade. New York: Macmillan. Greenhouse, L. (2005). Becoming Justice Blackmun: Harry Blackmuns Supreme Court Journey. New York Hull, H., Peter, H. (2001). Roe v. Wade: The Abortion Rights Controversy in American History. Lawrence, KS: University Press of Kansas. Hull, N. (2004). The Abortion Rights Controversy in America: A Legal Reader. Chapel Hill: University of North Carolina Press. McCorvey, N. & Meisler, A . (1994). I Am Roe: My Life, Roe V. Wade, and Freedom of Choice. New York. Harper Collins. Mohr, C. (1979). Abortion in America: The Origins and Evolution of National Policy, 1800–1900. Oxford: Oxford University Press. Rubin, R.(2001). The Abortion Controversy: A Documentary History. Westport, CT: Greenwood. Schwartz, B. (1988). The Unpublished Opinions of the Burger Court. Oxford. Oxford University Press. Staggenborg, S. (2006). The Pro-Choice Movement: Organization and Activism in the Abortion Conflict. New York: Oxford University Press. Read More