Abortion/ROE V. WADE
Abortion is considered to be a sin by many people. However, some circumstances may force women to indulge in the act. Besides, those scenarios are important to help save the lives of the mother and also, avoid giving birth to malformed children. Overall, the case of Roe V. Wade was vital in that helped to give women the freedom to make decisions that pertain to their lives. It is also important to note that the stance on the legalization of abortion in all states implies that a clearer interpretation of the fundamental rights enshrined in the US Constitution are respected. Roe V. Wade is a controversial case that the Supreme Court of the United States decided. The case’s result, which is the establishment of the right to abortion, was also controversial. The solution to the controversy entails redefining when life starts, especially, bearing in mind that women have a vital role in giving birth (Garrow). Therefore, based on this, it is easy to eradicate the confusion that makes it illegal for women to abort because the Constitution is against taking lives. Hence, with the new definition, the state legislatures should enact bills that allow for safe abortion under considerable circumstances.
The case happened in the year 1973 whereby it was ruled that unduly restrictive abortion regulation is non-constitutional. In the majority opinion which was written by Blackmun, the Court held that many statutes in Texas which were making abortion a criminal offense, were in violation of the women’s constitutional right to privacy. This case started in 1970 when Jane Roe, whose name was hidden in order to protect the identity, instituted federal action against Wade. Roe was residing in Wade’s home. The real name for Roe was Noma McCorvey. The court did not agree with the assertion of Roe pertaining to the absolute right to terminate pregnancy in any manner and also, tried to balance the right of a woman to privacy with the interest of the state in the regulation of abortion. Blackmun noted in his opinion that a compelling state interest justified the regulations that limited fundamental rights like privacy, and hence, lawmakers ought to draw statutes narrowly in order to express only those legitimate state interests that are at stake.
From the Texas statutes, abortion was only allowed when the life of the pregnant woman was at stake. Generally, the court ruling was in line with the constitutional right to privacy, which broadly encompasses the decision of a woman whether or not to terminate the pregnancy. It was established that the case made abortion legal. This has had an impact on the lives of many women in America, for example, it emerged that the case made abortions safer and also easily accessible to many women all over the United States of America.
The government does not need to interfere with some private decisions concerning marriage, procreation, and other elements of family life. In addition to that, the case of Roe V. Wade was a true indication of the changing times that people need to adapt to. For instance, by the 1960s, a countrywide effort was planned to brings reforms to criminal abortion regulations which were being observed in many states.
A constitutional right should be respected and never shall it be stepped on by any other party. For example, the right of a woman to make personal decisions pertaining to her pregnancy requires a high level of protection by the constitution. It was also recognized by the Supreme Court that privacy right is never absolute and therefore, a state valid interests when it comes to safeguarding the health of the mother and protection the potential lives. Furthermore, the case led to the improvement of the lives of women. By the year 1965, abortion was very much unsafe to an extent that 17% of the deaths due to pregnancy and childbirth were related to the act of illegal abortion. Nowadays, less than 0.3% of the women who have been undergoing abortions at all stages of gestation sustain very serious complications that needed hospitalization (Pichler and Deborah). Therefore, the nation must look into ways of ensuring that all abortions are safe so that women do not die due to the act. Indeed, it is one of showing care to them.
Besides, the capacity of women to make this health decision has made many women pursue their employment and educational opportunities which were unthinkable before the case of Roe. Even the Supreme Court noted that the capability of women to take part in social and economic life had been enhanced due to the ability to have control over their reproductive lives (Pichler and Deborah). There is still strong pressure for the constitutional amendment to bring to an end the legalized abortion. Indeed, the case of Roe V. Wade is credited for a renewed interest in the accurate role of judicial review when it comes to democracy. Before the ruling on the case, abortion has been illegal among 4o states in America. 14 of the states had regulations which were similar to the provisions of the Model Penal Code, which allowed for abortion in case it was necessary to help protect the health or life of the woman if the fetus would be born with a mental or physical defect that is not devastating, and also if such a pregnancy was due to rape or incest (Chemerinsky, 109).
32 states have prohibited abortion unless when it was an option to help save the life of the woman. However, politically, it was not easy for the state lawmakers to repeal those laws. The following are some of the circumstances that could have made the Supreme Court to declare the constitutionality of the statutes that were abolishing abortion. To start with, the Supreme could have held the laws, observing that according to the Constitution, life starts at or near conception, and hence, fetuses are persons who are protected by the Fifth Amendment. Also, The Supreme Court would have rejected substantive review of the legislation, claiming that the issue of abortion needs to be decided by the state legislatures which are democratically accountable.
Furthermore, it could have made a declaration that restrictive laws are unconstitutional as a way of denying equal protection based on the fact that they are meant to discriminate against women who may not afford to go to places where abortion is legalized to access illegal abortion services. Moreover, considering the fact that the lack of a legal or social consensus on when human life starts, it is important that abortion’s legitimacy should be regarded under the US Constitution as a personal moral judgement that cannot be controlled by the government (Chemerinsky 110).
Abortion should be fully legalized in all the states as this is one of giving women the autonomy to choose what is right and what is right. From the background information above, it has been identified that the Fourth Amendment is not clear on the rights that people should enjoy. For example, the issue of the right to privacy and liberty has been confusing to many legislatures and therefore, it is the opportune moment to set it clear. Many benefits would accrue to the women if allowed to abort. For example, they can further their education, avoid unwanted pregnancies which may be due to incest or rape, among others.
However, abortion should not be encouraged to all girls, especially, teenage girls who might be risking death. It ought to be carried out by professionals in the medical field, who shall be held to account in case things go wrong due to their misdeeds. State legislatures need to address the issue and make laws that are uniform all over. This would prevent women from migrating to those states that allow the act. Also, it will help to eradicate ethical despotism that women are subjected to when they are forced to bear unwanted children (Hewson 11). Another important solution to the controversy surrounding abortion laws is to redefine when the life of a child starts. It may be argued that it is not right to bestow personhood in a fetus until is it born. This also addresses the role of women in giving birth, thus, life could be defined at birth.
By Eric Lin, Los Angeles, California
Ericlin827@gmail.com
+17145952886
Professor Russell Boyd at Golden West College
