In lieu of an abstract, here is a brief excerpt of the content: Hull and Peter Charles Hoffer.
A series of graphics that illustrate how opinion differs among various demographic groups. Abortion and the Supreme Court The constitutional dimensions of the abortion debate.
InColorado became the first state to greatly broaden the circumstances under which a woman could legally receive an abortion. By11 additional states had made similar changes to their abortion laws and four other states — New York, Washington, Hawaii and Alaska — had completely decriminalized abortion during the early stages of pregnancy.
Meanwhile, abortion rights advocates launched a series of court challenges to many older state abortion laws, often arguing that these statutes were overly vague or that they violated the right to privacy or the right to equal protection under the law guaranteed under the U.
State and lower federal courts usually rejected these arguments. Wade In the early s, the Supreme Court agreed to hear two cases challenging laws that restricted abortion. Wadethe high court considered a challenge to a Texas law outlawing abortion in all cases except those in which the life of the mother was at risk.
In both cases, lower federal courts had declared the statutes unconstitutional, ruling that denying a woman the right to decide whether to carry a pregnancy to term violated basic privacy and liberty interests contained in the Constitution.
In Griswold, the court had struck down a Connecticut anti-contraception law on the ground that it intruded on the right to marital privacy. The court then asked: To answer this question, Blackmun created a three-tiered legal framework, based on the nine-month period of pregnancy, which gave the state greater interest and regulatory latitude in each successive tier.
First trimester of pregnancy Legal Standard: State can only require basic health safeguards and cannot limit access to abortion Tier 2 Time Period Covered: End of first trimester to point of fetal viability Legal Standard: State can regulate abortion only to protect health of mother Tier 3 Time Period Covered: Period after point of fetal viability Legal Standard: During this period, the state can only impose basic health safeguards — such as requiring that the procedure be performed by a qualified health professional — and can in no way limit access to abortion.
At this point, Blackmun determined, the state has an interest in protecting maternal health and can regulate abortion only to protect the health of the mother.
In other words, regulations have to be directed toward ensuring maternal health and cannot be aimed at protecting a fetus or limiting access to abortion services.
Thus, a state law requiring a doctor to describe to a woman seeking an abortion the risks associated with the procedure before receiving her informed consent would be constitutional — as long as the requirement aimed to protect maternal health and was not created to dissuade a woman from terminating her pregnancy.
In Doe, the same seven-justice majority largely restated and fleshed out its ruling in Roe. The Post-Roe Court Roe proved to be one of the most significant decisions ever handed down by the Supreme Court and is perhaps rivaled in public attention in the 20th century only by the landmark school desegregation case, Brown v.
Unlike Brown, however, Roe has remained controversial in the decades since it was decided. In the years immediately following Roe, the Supreme Court grappled with a host of issues that arose from the decision. These included questions about laws requiring informed consent, parental consent, spousal consent and waiting periods for women seeking abortions.
In these cases, the court also affirmed Roe and its three-tiered framework. The first small crack in Roe jurisprudence came in when the high court decided Webster v. This case concerned a Missouri statute that barred public facilities from being used to conduct abortions and prohibited public health workers from performing abortions unless the life of the mother was at risk.
The statute also defined life as beginning at conception and directed physicians to perform fetal viability tests on women who were 20 or more weeks pregnant and seeking abortions. In a highly fractured decision, the court upheld the constitutionality of the statute.
The majority also held that prohibiting the use of government workers or facilities to perform abortions is acceptable because the right to an abortion established in Roe does not include the right to government assistance in obtaining one. The majority also ruled that the requirement of viability testing at 20 weeks is constitutional, although the justices offered different reasons for this ruling.
The Webster decision revealed a new majority on the court with a greater willingness to uphold state restrictions on abortion. Casey involved a challenge to a wide-ranging abortion law that included an informed-consent requirement as well as a hour waiting period for women seeking abortions.
In addition, the statute required a minor to obtain the consent of at least one parent or guardian, and for a wife to inform her husband of her plans to terminate her pregnancy. In the cases of both the minor and spousal requirements, various waivers were available for extenuating circumstances.
In affirming Roe, the high court argued in favor of maintaining the constitutional status quo for reasons that went beyond legal precedent. At the same time, the court significantly modified the three-tiered framework that Roe had created.
First, under Casey states could now regulate abortion during the entire period before fetal viability, and they could do so for reasons other than to protect the health of the mother.The case.
In , Norma McCorvey (known in court documents as "Jane Roe") filed a lawsuit against the attorney general of Texas, Henry Wade.
McCorvey argued a Texas law banning abortion, which had been enforced against her, was unconstitutional. Jan 09, · Abortion Controversy Essay; Abortion Controversy Essay. Anti Abortion Essay. Words | 9 Pages. Before the Roe v.
Wade case made abortion legal in this country, abortions were unlawful in the United States.
The controversy surrounding abortion is whether it should be legalized or not? In my opinion, abortion . Wade () Roe v. The Court ruled that the states were forbidden from outlawing or regulating any aspect of abortion performed during the first trimester of pregnancy, could only enact abortion regulations reasonably related to maternal health in the second and third trimesters, and could enact abortion laws protecting the life of the fetus only in the .
Over 20 cases have addressed abortion law in the United States, all of which upheld Roe v. Wade. Since Roe, abortion has been legal throughout the country, but states have placed varying regulations on it, from requiring parental involvement in a minor's abortion to restricting late-term abortions.
ROE v. WADE, () No. Argued: December 13, Decided: January 22, A pregnant single woman (Roe) brought a class action challenging the constitutionality of the Texas criminal abortion laws, which proscribe procuring or attempting an abortion except on medical advice for the purpose of saving the mother's life.
Jul 10, · Brett Kavanaugh's abortion stance has provoked concern on the left and the right as some feel Roe v. Wade hangs in the balance. has caused controversy his dissent in an abortion case was Works For: U.