In the court case Roe v. Wade, the U.S. Supreme Court decided to legalize abortion. The legalization of abortion cause a new set of problem, America was split into two groups, pro-life and pro-choice. The pro-life group believes that a fetus has human rights and abortion violates them. The pro-choice group believes that the decision of whether or not to abort should be left to the pregnant woman. In the case of Roe v. Wade, Jane Roe challenged Texas law on banned abortions because she was pregnant and wanted to have an abortion.
Aborting a fetus in their eyes is considered murder. “Before the Supreme Court’s landmark Roe v. Wade decision legalized abortion in 1973, some dedicated and well-trained physicians and other medical practitioners risked imprisonment, fines and loss of their medical licenses to provide abortions”( OBOS Abortion Contributors 2014).
The history of how abortion became legal was in the Supreme Court case of Roe v. Wade case in 1973. Before that the practice of abortion was illegal unless a women’s health was in danger and the doctor allowed an option of abortion to end her pregnancy. The doctor would then go ahead with the procedure without the law being violated. Jane Roe who was an unmarried woman from Texas initiated a federal action against the county’s district Attorney. She argued that her right to an abortion violated the provisions of the Ninth and Fourteenth Amendment and was therefore unconstitutional.
Roe and her attorneys asked the federal district court to declare that the Texas abortion statute violated her rights under the Constitution. They also asked the court t... ... middle of paper ... ...safely, to protect the women patients. He argued that there was no medical reason for prohibiting abortions in the early stages of pregnancy. Since the Roe decision the Supreme Court has heard more than a dozen cases involving attempts by the states or the national government to restrict abortion. In deciding these cases, the Court has modified its decision in Roe v. Wade by allowing states to regulate abortion in many additional ways.
In this case, Roe’s rights of personal liberty and property were granted to her. There was another case in 1992 called Casey v. Planned Parenthood that involved the Abortion Control Act passed in Pennsylvania in 1982. The Abortion Control Act “required women to give ‘informed consent’ before abortions could be performed and imposed a 24-hour waiting period upon women seeking abortions, during which time the women would be provided with information regarding abortions. The act also provided that minors seeking abortions first obtain informed consent from their parents, except in cases of ‘hardship,’ in which a court could waive this requirement; and that, except in ‘medical emergencies,’ a wife seeking an abortion must inform her husband of her plans prior to the procedure. Also, the act required that all Pennsylvania abortion clinics report themselves to the state” (McBride).
On the one hand, pro-choicer's believe that woman are entitled to have abortions. Stating that an unborn child is under the rights of the pregnant women. On the other hand, pro-lifers believe that a woman should not have the right to obtain an abortion, stating that an unborn child is a human deserving the same constitutional rights as a child that has been born. The political goal most frequently mentioned by pro-lifers has been a Human Life Amendment (HLA) to thus, reverse Roe v. Wade. The HLA would declare unborn children to be "persons" deserving equal protection under the Constitution.
The case was ruled 7-2 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 states two legitimate interests in regulating abortion. The court rejected Roe’s outlook and started a national debate that whether or not or to what extent abortion should be legal to (Randolph). Roe argues that the person holding the baby has a right to have an abortion until viability. Which, I would have to agree with, because it should ultimately up to the carrier of the baby. The Hyde Amendment of 1973 prohibits the use of federal Medicaid funds to be used for abortions.