Legalized Abortion

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Legalized Abortion involves the landmark Roe v. Wade Supreme Court decision that made abortions permissible under any circumstance until the point at which the fetus becomes viable. That is, potentially able to live outside the uterus.

Background

  • While the term 'abortion' refers to any birth that is not live, they are differentiated as either miscarriages or induced. Legal contention focuses on this latter group. Within induced abortions are subcategories as well; sometimes births are aborted to save the life of the mother, other times there are personal reasons such as rape, incest (1%), or an unexpected, underage pregnancy.
  • Abortion became politicized in 1973 decision of Roe v. Wade, in which the Supreme Court held that under the Due Process Clause of the Fourteenth Amendment, women had the right to an abortion prior to viability of the fetus (24-28 weeks to birth). The landmark decision prompted a severe political drive and began the pro-life/pro-choice debate in the United States.
  • Doe v. Bolton, more or less removed the trimester requirements established in Roe by making abortion dependent on whether the doctor felt it necessary to protect the mothers mental or physical health up to the point of pregnancy. However, the trimester requirements were not legally done away with until the 1992 decision of Planned Parenthood v. Casey, in which the Court reemphasized the Fourteenth Amendment right to abortion and made viability the main factor in whether or not a legal abortion could be performed. Viability has played a major role in Court decisions; in 1973 'viability' was much later than it is today, as it is currently possible to maintain life at a very prematurely developed state.

How the states differ

Debate

  • As a push-button issue in the current political arena, abortion ideologies oftentimes follow party lines; Republicans are pro-life, Democrats and Greens are pro-choice, and Libertarians support no government regulation whatsoever. As such, just as it has been since Roe v. Wade in 1973, the right to abortion will continue to be a heated issue in the 2008 and all other foreseeable elections.
  • Pro-life advocates believe that abortion constitutes murder since the fetus is a living being. Some only advocate abortion after a certain trimester or to save the life of the mother. Others believe that child's life should not be compromised, even in cases of rape, incest, or certain death.
  • Advocates of reproductive rights argue that women will seek abortions whether or not they are legal. Legal abortions ensure safe abortions and illegal abortions will open up a host of other problems. Women should not be forced to bare the children of their rapists, especially when incest or minors are involved. Abortions decisions should not be made by the state, but between women and their doctors.

Country Comparison

Recent Legislation

  • In 2007 the Court decided Gonzales v. Carhart, in which it upheld Congress' Partial-Birth Abortion Ban Act of 2003. The Act establishes that any 'partial-birth' (aborting the fetus part way through delivery) is a felony. Several states have passed laws to restrict late term abortions, require parental notification for minors, and mandate the disclosure of abortion risk information to patients prior to treatment.


Where do the major players stand on this Issue?

Stance Person Profession
Joe Biden (D) Senator & 2008 Democratic Superdelegate
Sam Brownback (R) Senator
Hillary Clinton (D) Senator & Former First Lady
John Clayton Cox (R) Author & Politician
Chris Dodd (D) Senator & 2008 Democratic Superdelegate
John Edwards (D) Attorney and Former Presidential Candidate
Rudy Giuliani (R) Fmr. NYC Mayor
Mike Gravel Fmr. Alaskan Senator
Mike Huckabee (R) Fmr. Governor & Minister
Duncan Hunter (R) Congressman
Dennis Kucinich (D) Congressman
John McCain (R) Senator & Retired Naval Captain
Barack Obama (D) Senator and Presidential Candidate
Ron Paul (R) Congressman and Physician
Bill Richardson (D) Governor
Mitt Romney (R) CEO & Former Governor
Tom Tancredo (R) U.S. Representative
Tommy Thompson (R) Former Wisconsin governor and Secretary of Health and Human Serivces
Ross Perot Businessman & Politician
George W. Bush (R) President of the United States

Where do the major groups stand on this Issue?

Stance Group
Republican
The Constitution Party
Democratic

Legalized Abortion Forum


Topic (jump to last post >>) Last Post Forum Posts
Is Abortion Better Than the Alternative? >>
started by sam, views since Oct 16, 2007
HelloDollyLlama >>
Updated 1 day, 18 hours, 43 minutes ago
Legalized Abortion
57
If the issue at hand was explicitly abortion... >>
started by Niels, views since Oct 10, 2007
HelloDollyLlama >>
Updated 6 days, 49 minutes ago
Legalized Abortion
62
Abortion Meat - A Viable Option For Feeding the Homeless >>
started by niner, views since Jul 14, 2008
niner >>
Updated 4 days, 23 hours, 4 minutes ago
Legalized Abortion
56
a better photo for this page? >>
started by Bougie Hippy, views since Feb 17, 2008
bethany >>
Updated 154 days, 13 hours, 16 minutes ago
Legalized Abortion
2
Planned Parenthood sued >>
started by MiriamSingsLoud, views since Oct 18, 2007
antirock >>
Updated 280 days, 19 hours, 47 minutes ago
Legalized Abortion
17
What about prostitution? >>
started by Niels, views since Oct 11, 2007
iamcaudle (D) >>
Updated 286 days, 11 hours, 58 minutes ago
Legalized Abortion
9