... On January 22, 1973 the Supreme Court decided one of the most controversial cases in United States history, but the debate was just beginning. The landmark case of Jane Roe v. Dallas County District Attorney Henry Wade was not only symbolic of the progress of women’s rights, but an indication of judicial activism and its potentially damaging affects. It began as a fight for an unmarried young woman and her desire to terminate her pregnancy, even though it did not pose serious physical danger to her health. But, in the process of this struggle, an unprecedented judicial involvement emerged. II. This paper will first provide the necessary expository information, highlighting the central characters in this historical case, the political climate of the Supreme Court Justices during the trial, as well as a earlier case, Griswold v Connecticut which preceded Roe v. Wade. The paper will discuss the proceedings of the case at both the District and Supreme Court levels. Following, this paper will debate the surface issues of the abortion controversy, Roe as a precedent for future cases (Planned Parenthood v. Casey, Stenberg v. Carhart, and the breaking news decision of Gonzales v. Carhart), and the implied right(s) of the Constitution. III. In the 1970s, Linda Coffee and Sarah Weddington, two hot shot young lawyers from Texas, recruited Norma McCorvey as lead plaintiff under the alias “Jane Roe” in a class action suit lawsuit on behalf of US women everywhere. Coffee...
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...In the United States, reproductive rights continue to be an extremely controversial issue as heated debates over abortion and contraceptives are on the rise. With regards to current events including the 2016 presidential election and the newly appointed Supreme Court Justice Neil Gorsuch, the Court’s role of reproductive rights has been examined closely. Federal and state legislature have honed in on women’s right to abortion through compelling state interests to protect women’s health. Additionally, access of contraceptives and the role of health care are issues that the Court has decided on. Over the years, the Court’s opinions on these issues have evolved even though reproductive rights are still very controversial. To better understand...
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...The important ways of looking at the issue of abortion are most easily categorized into five major points, legal precedence, birth control issues, human rights, religion and when life begins. Based on both empirical and moral claims, a wide spectrum of views supporting either more or less legal restriction on abortions has emerged in America. While advocacy groups define the issue through its constitutionality and its moral views represented by their constituents, politicians define the issue by party lines, generally with liberals as “pro-choice” and conservatives as “pro-life.” The media defines the issue morally, presenting to the nation the views of various “pro-life” and “pro-choice” organizations with little empirical evidence from both sides. The various positions that can be taken on this issue can be divided by empirical and moral assumptions to more clearly analyze the particulars of this heated topic. However, the issue focuses in on the basic question; should there be more or less laws governing abortion? Before delving deeper into the history or current debates over an issue like abortion, it is important to look simply at the fact of its existence in the United States. According to studies released in 2005 by the Physicians for Reproductive Choice and Health (PRCH) and The Guttmacher Institute, there were 1.29 million abortions performed in this country. Research by the same group shows that in 1994, approximately half of all pregnancies in the United States were...
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...always been a controversial topic in the United States; it clashes with religious beliefs and personal morals. The legalization of abortion is immensely vital to the Unites States, as it guarantees women the right to take ownership of their own bodies without outside factors meddling. Roe v Wade is a landmark decision by the Unites States Supreme Court on the issue of abortion in 1973, legalizing the termination of a human pregnancy throughout the country. Jane Roe, a pregnant single woman, filed a lawsuit challenging the constitutionality of the Texas abortion laws. The lawsuit was filed against Henry Wade, a district attorney of Dallas...
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...of the United States was created in 1789 by Article III of the Constitution. A key precedent of the Court was established in 1803 through the case of Marbury v. Madison. Since then the Court has ruled on the constitutionality of laws throughout the United States. Two more recent landmark cases are Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. These cases focused on women’s reproductive rights, such as abortion and a state’s rights to restrict abortions based on the constitutional rights. Roe v. Wade took place in the early 1970’s. The 1960’s were a time of hippies, peace and “flower power.” Going into the 1970’s women were demanding respect and equal rights. (“Roe v. Wade.” United States History) Norma McCorvey, also known as...
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...Since Roe v. Wade, abortion has headlined evening news, front-paged Sunday’s papers, and discussed around the Thanksgiving dinner table. The Supreme Court has voted on a number of cases, altering the course of abortion in favor of pro-life and pro-choice ideology. Abortion has also become a staple to Presidential candidate and party platforms to win elections. Anytime there is a new bill introduced in the legislator, it is always controversial and under the microscope across various media outlets. Under Trump’s administration, abortion will remain controversial to all branches of government, to both sides of the issue, and favor a pro-life theology. For the pro-choice idea of abortion, the next four years under the Trump administration is going to be very difficult....
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...Abortion One of the most fought, controversial social issues in America is Abortion which is the medical procedure that is performed to terminate a pregnancy. Abortion is a huge moral issue in America that poses the question if it morally right or wrong. The research conducting in this paper will take a look at should abortion be legal or illegal, the Roe v. Wade case that has legalized abortion, the negative effects on woman who have an abortion, and the protest from those in the Christian religious community. Abortion is a medical procedure that is performed to end a pregnancy. Also known as induced abortion, because there are two types of abortion the other being spontaneous abortion, which is a miscarriage; “that occurs when a fetus or embryo dies in the mother's uterus and is expelled by the body” (Alters, Sandra M, 2008). Since pregnancy is lengthen by 9 months and is broken into 3 trimester each having 3 months, according to Sandra M. Alters in her 2008 published book entitled “Abortion—An Eternal Social And Moral Issue”, in 2003 88% of all induced abortions were performed during the first twelve weeks, or first trimester, of the pregnancy. There are two types of ways to have an induced abortion, one being the medial procedure, two the new found medication intake that allows one to take two pills few hours apart in one day. The result of the pill method is one day the pills are taken, the next day you deliver the dead fetus. According to an article written about Jennie...
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...Why is the ninth amendment important? It is a moral statement. The ninth amendment states that there are other rights that may exist aside from the ones explicitly mentioned, and even though they are not listed, it does not mean they can be violated. The founders of the Declaration of Independence rather than have a constitutional restraint created the ninth amendment: An example landmark court cases is Griswold vs. Connecticut, 1965. In the Griswold case, the Supreme Court decision found a new right in the Constitution that had never been mentioned before, a right to privacy. This pioneering decision by the United States opened the doors for many other similar contemporary court cases on the same issues such as Roe v. Wade. First of all, the Ninth Amendment of the Bill of Rights was voted for by 9 out of 12 states on December 15, 1791. Then the Amendment was issued into the United States Constitution on September 5, 1789. The Anti-Federalist Party...
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...ENGL 1001 – 22 Catherine Joseph September 25, 2012 Annotated Bibliography Abortion: Parental Consent Abortion is defined as the removal of a fetus or embryo from the uterus or a termination of pregnancy. The abortion debate is full of controversy as two opposing groups (pro-life/pro-choice) argue about the legal and ethical issues surrounding the debate. Sarah Glazer, author of the article “Roe v. Wade at 25,” discusses the 1973 Supreme Court cases that legalized abortion, which thus sparked unprecedented social change and the unsettling debate of abortion. One major aspect regarding this issue is parental consent; it is still undetermined [on both a state and federal level] whether parents should be involved in a minor’s decision to terminate a pregnancy. The following sources provide both pro-life and pro-choice perspectives over whether parental consent should be required or not. Many of the sources supported the idea of parental consent through a pro-life perspective. In Charles S. Clark’s article titled, “Teenagers and Abortion,” he expresses the idea of how parents have the right to be involved in any medical decisions regarding their child and suggests that teens may be too immature to make a grave, life-changing decision on their own. Hyman Rodman, author of “Should Parental Involvement be Required for Minors Abortions,” expresses the idea of how parental consent can benefit teens as they are able to make a better decision about their pregnancy with the input of...
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...With or Without Abortion There are a few topics that are quite controversial in this decade. Whether abortion should be legal or not is one of them. There have been plenty of arguments involving this controversy. As for the legal aspect, there have been some court cases concerning abortion. One could have many reasons as to why abortion should be legal: a women’s freedom of her body, rape instances, and birth control failures are some of them. Pregnancies do occur even when women are taking precautions to ensure there are no mistakes. Using a birth control method is normal for a majority of women. There are IUD’s, pills, condoms, spermicides, diaphragm, cervical caps, and withdrawal. “The fact is that an overwhelming 53% of unplanned pregnancies occur in women who are using contraceptives” (Cornforth, 2009). Using IUD’s can have a two to four percent failure rate. If the IUD moves out of its place it will not function correctly. A woman should regularly check the string to confirm the IUD’s placement in the cervix. If using a diaphragm or cervical cap, the possibility of contraception is still at thirteen percent. It is quite easy for these to shift in their placement and therefore, producing less protection. The withdrawal method is used frequently, more in young adults. This reason is due to fact, of them either having a lack in education or they believe the false rumors they hear from their peers that pre-ejaculatory semen cannot impregnate them. Withdrawal can also fail...
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...Abortion in the United States Valora Hawkins, Tracy Avila, Timothy Easter, and Veronica Holifield BCOM/275 June 18, 2012 Les Colegrove Abortion is one of the most controversial topics to date in the United States. Because of the complexity and issues involved, there are those individuals who are for abortion, and those who are against. There is neutrality that extends between the two, with those who are one the fence depending on circumstantial situations. In this paper our group of four peers debate the topic, and base a conclusion on weather women in the United States should have the right to abortion, based on the arguments themselves. Today, the reference of for and against, is better known as pro-choice and pro-life. Pro choice (abortions) refer to the political and ethical view that a woman should have complete right over her fertility, and that she should have the freedom to decide whether she wants to continue or terminate her pregnancy (Bose, 2012). According to pro-life advocates, women who demand complete control of their body should also shoulder the responsibility of preventing unwanted pregnancy, and that the result of an unplanned pregnancy, rape or incest, aborting the embryo is equivalent to punishing the unborn child (Bose, 2012). The position that Valora has in this debate, is that it is the woman’s choice to decide whether or not to have an abortion, but also to understand that it is their responsibility to protect against unwanted pregnancies by...
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...decision of aborting, for that fetus has no decision or knowledge of the world yet. If born with a defect, inhibiting its ability to further realize its existence, I am for euthanasia. There have been around 40 million abortions since the Roe v. Wade decision was finalized on January 22, 1973. Many strong opinions arise on whether a woman should have the right to an abortion, and whether the court has the power to grant a woman this right. In the case of Roe v. Wade, the Court prohibited any regulation of abortion in the first trimester, allowed only adjustments pertaining to the health of the mother in the second, and only maternal health reasons in the third. The Roe v. Wade decision is responsible for killing about 35 million innocent human beings, and counting, as a direct result of abortion. The fight over whether to criminalize abortion has grown increasingly fierce in recent years with no end in sight, it is currently legal in all states. Another controversial topic, euthanasia, is also known as the painless killing of a patient suffering from an incurable and painful disease or in an irreversible coma. It is similar to abortion but the being is now grown. The world view on euthanasia has always been a very controversial subject. Some countries allow it, yet in other countries, it is tolerated but illegal. Voluntary euthanasia is that in which the subject consents in some places, voluntary euthanasia is accepted more so than non-voluntary euthanasia. Many...
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...Abortion is one of the most controversial topics that faces society in today’s world. This controversial topic has caused many deaths and several heated arguments between the two separate parties of opinion. The arguments between pro-life and pro-choice supporters have been long and can be very violent. This argument will continue to go on for years, but based on your opinion there are legitimate arguments for both sides. It all depends on personal opinion whether or not each side can say with certainty that the other one is wrong. The two sides to abortion are pro-life and pro-choice, and this is an issue that politicians face in every election, and it plays a big role in how many citizens decide on who they are going to vote for in the election. The many court cases that involved abortion have influenced United States history in a big way. These court cases include: Stenberg v. Carhart, Roe v. Wade, and Planned Parenthood v. Casey. Abortion in the United States has been banned and legalized throughout the history of this country, and the interest groups involving this topic have had many heated arguments throughout the years, and continue to have them today. Abortion is the voluntary termination of a pregnancy, resulting in the death of the fetus or embryo (Gill). Abortion is a topic that has been around for a long time, and is something that has been debated in just about every society. Abortion has been a part of the United States history since the U.S. was...
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...Jacqueline Peterson I would like to first point out the fact that abortion is one of the most controversial issues in the United States. The progressive left stands strong on the argument that women deserve the sole right to decide on abortion. As for the conservative right they base their judgment of abortion on religious aspects than on women’s rights. Whether your stance on abortion is pro or anti it is a legal operation in the United States. In the year 1973 abortion laws were decided by the states. Most of the states banned legal abortion unless the woman’s life was at risk. The controversial case Roe v. Wade changed the outlook on abortion. “In that year, the U.S. Supreme Court decided the controversial case Roe v. Wade. The Roe decision acknowledged both a woman’s ‘fundamental right’ to terminate a pregnancy before fetal viability and the state’s legitimate interest in protecting both the women’s health and the ‘potential’ of the fetus. It prohibited states from banning abortion to protect the fetus before the third trimester of a pregnancy, and it ruled that even during that final trimester, a woman could obtain an abortion if she could prove that her life or health would be endangered by carrying the term”(Gordon, 214). This ruling gave woman the ability to make a decision of aborting a child based on their own rights and beliefs. As of 1973 to the present year of 2003 abortion is a legal procedure but is unfortunately looked upon by some, as murder. My standpoint...
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... It allows women to put an end to their pregnancies, but involves killing the undeveloped embryo or fetus. For this reason, it is a very controversial subject in American politics. Supporters of abortion rights argue that the embryo or fetus is not a person, or at least that the government has no right to ban abortion unless it can prove that an embryo or fetus is a person. Abortion has been legal in every U.S. state since 1973. When the Supreme Court ruled in Roe v. Wade (1973) that women have the right to make medical decisions about their own bodies. Roe v. Wade is a landmark decision by the United States Supreme Court on the issue of abortion. Decided simultaneously with a companion case, Doe v. Bolton, the Court ruled that a right to privacy under the due process clause of the 14th Amendment extended to a woman's decision to have an abortion, but that right must be balanced against the state's two legitimate interests in regulating abortions: protecting prenatal life and protecting women's health. Arguing that these state interests became stronger over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the trimester of pregnancy. The Court later rejected Roe's trimester framework, while affirming Roe's central holding that a person has a right to abortion until viability. The Roe decision defined "viable" as being potentially able to live outside the mother's womb, albeit with artificial aid", adding that viability...
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