Background

• Background: Definition, Roe v. Wade, Doe v. Bolton
• Debate: Murder v. Health and wellbeing other mother
• Country Comparison: Many others give full rights to abortion
• Recent Legislation: 2007 Court case

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

• Abortions may be obtained at any time and for any reason in most European countries, China, Cambodia, Australia, and others http://www.pregnantpause.org/lex/world02.jsp

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.

Debate

• Pro Choice: A woman should have the right to choose. An embryo does not suffer, not is it human - it just has the potential to be a human. The social benefits of legalized Abortion are clear.

• Pro Life: A fetus counts as a human, so killing it is immoral as is killing an adult human.

Country Comparison

Recent Developments

Abortion was legalized in the United States after the 1973 Roe v. Wade Supreme Court case.

In 2003 Congress passed the Partial-Birth Abortion Ban Act, which outlaws late term abortions known as 'Partial Birth' abortions.

Additional Information