Roe vs. Wade: Effects on the Political Landscape - Coursework Example

Roe vs. Wade: Effects on the Political Landscape Introduction In 1973 the United s Supreme Court voted 7 to 2 to overturn a Texas law against abortion on the grounds that it was too vague and deemed abortion is a fundamental right guaranteed by the United States Constitution. The ruling effectively legalized abortion for women in America and ignited a divisive political spark that has had social reverberations that continue to emanate in the 21st century. It decided that a woman has the right to an abortion, up to a certain time limit in her pregnancy, and that the womans right to terminate her pregnancy outweighs any rights the unborn fetus might possess. The ruling has been controversial from the beginning, and has split the country down the middle, with those who support the ruling on one side, and those who disagree with it on the other. While the exact ramifications of the decision are as strongly contested as the decision itself, a number of themes have been consistently identified by scholars and cultural analysts as significant social effects on society as a result of the court ruling. This essay examines the effects of the legalization of abortion on the United States political spectrum and on the effect it has had on the rights of women, and also attempts to quantify a shift in moral standards that critics and religious leaders claim are a direct result of the Supreme Court’s decision. Analysis The question for the Supreme Court ruling of this kind is to determine the meaning of the term “liberty.” The justices don’t simply, or at least shouldn’t, define liberty any way they want since they are not legislators or members of the executive branch. Because the justices are judges, their role is quite different. When called upon to decide whether a federal or state law is constitutional, they are being asked to decide whether the law at issue is at odds with our highest law, the Constitution. This is why, in explaining constitutional decision to the world, the Supreme Court is obligated to justify its result by citing the part of the Constitution at issue and engaging in legal reasoning as to its meaning and how it should be applied. What will not do is to make a political appeal such as “the American people want.” One of the main effects of the Roe vs. Wade Supreme Court ruling has been the significant reverberations felt by the political spectrum. In the wake of the decision the Republicans and Democrats political parties experienced a decisive split in perspectives that further divided the two major groups (Aster 8). With the election of Ronald Reagan in 1980, the Republican Party defined itself as pro-life (Aster 5). During 2004, the Republican platform outlined their position stating, “…we say the unborn child has a fundamental individual right to life which cannot be infringed (Doan 90).” The same year the Democratic Party issued a pro-choice proclamation, “Because we believe in the privacy and equality of women, we stand proudly for a woman’s right to choose, consistent with Roe v. Wade (Doan 91).” Whereas previously party affiliations had been contingent on the member’s education or income level, the world after Roe vs. Wade increasingly experienced divisions based further on religious distinctions (Aster 194). As the two parties become increasingly divided in their political perspectives, a number of analysts and cultural critics noted a decrease in productive dialogue between the competing parties. For example, since the decision the appointment of Supreme Court Justices has focused predominantly on their stance on the abortion issue (Aster 198). Roe versus Wade, commonly referred to as Roe, began as a Texas case over a law that forbid any type of abortion unless the mothers life was at stake. The courts decision ruled against Texas and in favor of the rights of the woman, and in doing so, legalized abortion in the country for the first time. As one writer notes, "Roe ignited an ongoing debate about the proper regulation of abortion. What many regard as the nations most divisive issue has taken on a language of its own, based on the Courts decision in Roe, subsequent eases, and prevailing social and legal thought" (Roy, 2003, p. 339). In effect, the court ruled for the individual liberty and the constitutional right of the mother and her right to control her own body and destiny. Two completely opposite groups sprang up almost immediately after the decision. One was a group that has come to be known as "right to life" advocates. Their argument with Roe is when life begins. Another author notes, "The primary argument against the right to choose has it that personhood begins at conception, that fertilized eggs, embryos, and fetuses are persons or unborn persons. This is a view with very little historical precedent, essentially a Vatican invention in the latter part of the nineteenth century" (Doerr, 2003, p. 40). The other group is the "free to choose" group, who believes it is a womans right to choose whether to terminate a pregnancy or not. The two groups often go to battle, literally, over their beliefs, and many incidents of violence have occurred at abortion clinics throughout the country, including the murder of some doctors who worked in those clinics. The supporters of right to choose usually represent conservative religious beliefs, and many believe they do not represent the wishes of a majority of Americans. However, with a conservative administration, control of Congress, and now the Supreme Court, many believe the administration will attempt to overturn Roe versus Wade before President Bush leaves office. Author Doerr continues, "But the greatest threats to choice, to reproductive health care, and to freedom of conscience are the accession to power of George W. Bush and the extraordinarily strong influence of the religious right now over both houses of Congress" (Doerr, 2003, p. 41). Another important impact Roe vs. Wade had on society was changing the status of women. Feminists argue that the legalization of abortion has given women greater control over their lives and futures and had a positive impact on their ability to function and succeed in the work place (Diana. 117). They also argue that the passage of Roe vs. Wade opened the door to the passing of a series of laws that benefited women’s rights, including laws on against sexual harassment, physical abuse, and discrimination (Diana 103). Furthermore, they claim that abortion also contributed to women’s health by allowing for the procedure to be undertaken safely, and not on a black-market that engendered itself to mal-practice (Diana 115). Conversely, some feminists believe that abortion has had a detrimental effect on women’s rights because it has allowed men more sexual freedom by freeing them from the pressures of fatherhood (Diana 220). They also argue that women are oftentimes pressured into having abortions by men who threaten to withhold emotional or financial support, resulting in furthered states of depression and regret (Diana 150). Some critics have pointed to the social and racial injustice women have encountered as a result of the Roe vs. Wade decision. They argue that women from lower socioeconomic categories oftentimes feel pressured to have abortions because child were enact a tremendous financial burden through welfare on the general population (Doan 22). The Roe vs. Wade decision has also been argued to have resulted in the shifting of moral standards within society. Extremely vocal critics have said that the Supreme Court decision has created a “culture of death” that has permeated contemporary culture (Aster 89). This view point contends that the decision led society to believe that it is acceptable to end a person’s life for convenience (Saletan 45). As an example they point to recent trends towards the legalization of euthanasia for the terminally ill (Saletan 46). Religious leaders have claimed that the legalization of abortion has further resulted in an increasing decline of moral standards through the greater propensity of individuals to engage in illicit sexual transgressions (Saletan 19). Their argument stems from the belief that the option to end a pregnancy, while giving women freedom to a certain degree, has drastically increased the ability of people to engage in sexual acts without repercussions (Saletan 21). They feel that this paradigm has been further promoted by the American media and advertising through the consistent promotion of sexually suggestive materials and situations (Saletan 21). Conclusion In conclusion, perhaps more than any Supreme Court decision or legal ruling before, Roe vs. Wade has had a significant impact on the very structure of society. Within the political spectrum the effects of the further splitting of the Republican and Democratic parties is evident, as since the 1980 elections membership has been greatly extended to along religious and moral lines, rather than solely socioeconomic. In regards to women’s rights, Roe vs. Wade has been argued to have both beneficial and detrimental impacts. One side claims that the decision has granted women greater control over their lives. By not restricting women to a life of motherhood they are able to expand their careers and education. The other side claims that abortion has resulted in the increased oppression of women by men, as they use financial leverage to pressure females into unwanted abortions, resulting in regret and depression. Finally, religious leaders claim that abortion has resulted in a downturn in American morality and furthered a milieu of liberal sexual transgressions. Bibliography Carelli, Richard. "Harry Blackmun...dies." Seattle Times 4 March 1999 . Craig, Barbara Hinkson and David M. O’Brien. (1993) Abortion and American Politics. Chatham, New Jersey: Chatham House Publishers. Cunningham, MacDonald and Grant. From Conception to Birth; the drama of lifes beginnings. New York: Harper and Row, 1971. Hamblin, Hannibal, M.D. "Abortion Services in the United States, 1991 and 1992 "The Human Life Bill." Op.cit., 1 (1996): 8. Hamblin, Hannibal, M.D.. "Life or Death by EEG." Journal of American Medical Association (1964): 113-115. Henshaw, Stanley K.. "Abortion Services in the United States, 1991 and 1992." Family Planning Perspectives 26 (1994): 101-112. Hickok, Eugene W. Justice vs. Law: Courts and Politics in American Society. New York: Free Press/Macmillan, 1993. Landrum M.D.. "Why Pain Hurts: Unlocking an Agonizing Mystery." Time 123 (1984): 58-63. Liley, Albert W. M.D.. Statement, U.S. Congress, Senate, Subcommittee on constitutional Amendments of the Committee on the Judiciary, Ninety-Third Congress, Second Session, Linton, P. B. (2002, November). How not to overturn Roe V. Wade. First Things: A Monthly Journal of Religion and Public Life 15+. Lejeune, Jerome, M.D.. "The Human Life Bill." Op.cit., 1 (1996): 8. MacDonald and Grant. From Conception to Birth; the drama of lifes beginnings. New York: Harper and Row, 1971. Torres, Aida, Sarah. A Question of Choice. New York: Penguin Books, 1993. References Aster, James. Roe vs. Wade: The Decision that Changed America. New York University Press. 2001. Davis, Nanette. From Crime to Choice: The Transformation of Abortion in America. Greenwood Press. 1995 Diana, Joan. Pro-Choice/Pro-life. Greenwood Press. 1996. Doan, Alesha. Opposition and Intimidation. University of Michigan Press. 2007. Doerr, E. (2003, March/April). Roe V. Wade at Thirty. The Humanist, 63, 40+. Roy, L. S. (2003). Roe and the new frontier. Harvard Journal of Law & Public Policy, 27(1), 339. Saletan, William. Bearing Right: How Conservatives Won the Abortion Debate. University of California Press, 2004. Read More