Court Cases On Abortion example essay topic

Abortion "Right to Choose"I. The Abortion issues. A woman's right to choose and their protection under the ninth amendment. B. The Pro-Life versus Pro-Choice. II. Court cases on abortion. Griswold versus Connecticut (1965) B. Roe versus Wade (1973) C. Planned Parenthood versus Casey (1992) .

The abortion laws are the bottom line. A. Woman have the right to privacy. The ultimate choice is that of the woman. Many people believe abortion is a moral concern however it is also a constitutional issue. A woman has the right to choose what she does with her body, and it shouldn't be altered or influenced by anyone. This right is guaranteed by the ninth amendment, which contains the right to privacy.

The ninth amendment states: 'The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ' This right guarantees the right to women, if they so choose, to have an abortion, up to the end of the first trimester. Regardless of the fact of morals, a woman has the right to privacy and choice to abort her fetus even if other individuals don't believe it should happen. The people that hold a 'pro-life' view argue that a woman who has an abortion is killing a child.

The 'pro-choice' point of view holds this is not the case. They argue that a fetus is not yet a baby. It does not possess the criteria derived from our understanding of living human beings. In an important justification of this position, philosopher Mary Anne Warren has proposed the following criteria for 'person-hood': 1) consciousness (of objects and events external and or internal to the being), and in particular the capacity to feel pain. 2) reasoning (the developed capacity to solve new and relatively complex problems) 3) self-motivated activity (activity which is relatively independent of either genetic or direct external control) 4) the capacity to communicate, by whatever means, messages of an indefinite variety of possible contents, but on indefinitely many possible topics. 5) The presence of self-concepts, and self-awareness, either individual or social, or both.

(Taking Sides -Volume 3). Several cases have been fought for the right to choose. Many of these have been hard cases with very personal feelings, but the determination showed through and gives us the rights we have today. In 1965 in the case of Griswold versus Connecticut, the case upheld the right to privacy and ended the ban on birth control. Eight years later, the Supreme Court ruled the right to privacy included abortions. Roe versus Wade was based upon this case.

In 1973 Roe versus Wade: The state of Texas had outlawed abortions. The Supreme Court declared the law unconstitutional, but refused to order an injunction against the state. On January 22, 1973, the Supreme Court voted the right to privacy included abortions. In 1976, Planned Parenthood versus Danforth (Missouri) ruled that requiring permission by the husband and the permission from a parent if a person was under the age of 18 was unconstitutional.

This case gave a woman control over her own body and reproductive system. Justice William Brennan stated: 'If the right to privacy means anything, it is the right of the individual, married or single, to be free from unwanted governmental intrusion into matters so fundamentally affecting a person as the decision to bear or beget a child. ' Abortion is one of the most controversial issues in the world today. Everyone has their own individual opinion. A woman's body is hers and hers alone. Nobody has the right to make her do something that she doesn't want to.

The Supreme Court has acknowledged it is the women's right to have an abortion, if she so wants to, according to Roe versus Wade. In later cases however, the Court has upheld Roe in Planned Parenthood of Pennsylvania versus Casey in 1992. In the same ruling, though, the Court gave states new powers to restrict access to abortions. (Hardy, pg. 189). Abortion deals with a woman's private life and should have nothing to do with the government.

However, abortion should not be used as a means of birth control, but if a fetus will be unwanted, a woman does have the right to abortion even though there are people who feel there are other options like adoption. Many people try to force their beliefs on others and judge them for their actions. These people need to judge themselves before they start to judge others. It's fine for people to have their own opinions but they need to learn to respect and accept the opinions of others that do not agree with theirs.

The bottom line is no matter what anyone thinks the laws speak for themselves. It is a woman's right to privacy to control her reproductive system guaranteed by the constitution. Although there are some restrictions on abortion, due to the states' rights, it is still ultimately the woman's choice. Abortion is a matter for women, and so it should be the woman's right to choose. She has the freedom to consider others views and opinions such as that of the father, but it is her ultimate decision guaranteed by the law. Work Cited Government in America. by Richard J. Hardy.

Copyright 1994. page 189. Taking Sides on Clashing Views of Controversial Bioethical Issues. by Carol Levine. Volume 3. copyright 1991. pages: 4-8. The American Heritage History of the Bill of Rights - The Ninth Amendment. by Phillip A. Klink ner. copyright 1991. pages: 31, 56, 75-78, 80-87,110,116.