Decision Of Roe Verses Wade In 1973 example essay topic

The Restrictions on Abortions: Post-Roe Cases, Legislation, and Societies? View Since 1973, when Roe verses Wade was decided, there have been several restrictions made to a woman's right to obtain an abortion. These restrictions have come from several different angles and from a conservative ideological background. The restrictions that have been made to Roe vs. Wade have come from other Supreme Court cases that were argued after 1973 and from State and Federal Legislation; which, ultimately, must go through the process of Judicial Review. Before we look at what restrictions have been made, we will look at the history of Roe.

Secondly, we will look at Webster verses Reproductive Health Services (1989) and Planned Parenthood vs. Casey (1992) -the Supreme Court cases which further restricted Roe. And then we look to the most controversial piece of abortion legislation since Roe was decided: The Partial Birth Abortion Ban-House Rule 1833 and Senate Rule 6. Since the decision of Roe verses Wade in 1973, the conservative wing of the American Political spectrum has sought to impose restrictions on a woman's right to obtain an abortion. There are very few Americans who do not know what Roe verse Wade is. Moreover, when the issue is raised, most people have a hard-line? agree? or? disagree? stance. Scholars also agree that there has been no other Court Case in American history that, 25 years after its decision, still sparks such controversy.

Roe verses Wade is a debate that is very much alive and open. In short, Jane Roe, a pregnant single woman, was unable to have an abortion in Texas because her pregnancy did not threaten her life or the life of the child. Although she was told she could go to another state to have the abortion, she did not have the money to do so. Instead, Roe sought legal advice and filed a suit challenging the constitutionality of Texas? abortion law.

On January 22, 1973, the Supreme Court ruled that a woman's constitutional right to privacy, provided for by the Fourth Amendment, was more important than a state's right to regulate abortions. This decision, in effect, legalized abortions and, ? pushed a fractured state-by-state debate into a national one and prompted scattered groups to mobilize into pro-choice and pro-life movements.? Since Roe verses Wade decision was handed down, the country and it's policy makers have been divided on the issue and some have sought to restrict its usability. The first landmark case that the Supreme Court has ruled on and which has moved to restrict the availability of abortions since Roe, is Webster verses Reproductive Health Services. In this case, ? the court, (5-4) per Rehnquist, let stand a Missouri statute stating that human life began at conception, barring use of state property for abortions, and requiring viability tests for advanced pregnancies.?

In actuality, the Court came very close to overturning Roe altogether, and Justice Scalia actually urged that stance in his concurrence. What the Webster ruling did to restrict abortions is a little confusing. Webster determined that it was constitutional to declare the moment where life begins as the point of conception. This stands in contrast to Roe, because in that case it was determined that: the state has an important interest in both preserving the heath of a pregnant woman and in protecting fetal life; the state's interest in maternal health becomes compelling at three months; the state's interest in fetal life becomes compelling at viability -- six months; the state may not regulate abortion at all during the first trimester; the state may regulate abortion during the second three months, but only for the protection of the woman's health; the state may regulate or ban abortion during the third trimester to protect fetal life. After reviewing the verdict from Webster, one might think that now, since the states could determine that conception equaled life and, therefore, a? compelling interest? that Roe would have been effectively overturned. That was not the case.

Instead, Webster said that if states decided that life begins at conception, then the state is not obligated, constitutionally, to use any of its resources to allow the abortion to take place. Though much less subtle than legislation, court decisions shape public policy and set agendas. In Planned Parenthood vs. Casey (Casey), ? [The Supreme] Court (5-4) upheld a 24-hour waiting period, an informed consent requirement, a parental consent provision for minors and a record keeping requirement, while striking down the spousal notice requirement of a Pennsylvania statute.? In other words, a woman who was going to have an abortion and was a legal minor, would have to notify her parents in writing before the procedure.

The abortion clinic would have to provide informative literature at least 24-hours before the abortion, and that the clinic would also have? certain reporting requirements.? There were exceptions for notification in the case of medical emergencies and through a judicial bypass. Casey was seen as a huge blow to the Roe verdict because it directly and specifically imposed restrictions and regulation on the abortion process. This ruling made it much more difficult for a minor to obtain an abortion and moved the court to a much more conservative stance on the issue. Casey is so important to the issue of? restriction since Roe? because, ? this case? may represent the closest Roe vs. Wade has ever come to being overturned. Rehnquist and White-the two original dissenters-and Blackmun? the opinion's author-were the only members of the Roe court left.?

Seeing as Rehnquist and White were dissenting votes in Roe, and the fact that their ideologies had not changed, you can see how they would want to bring forth any case that could reverse it. The most public and way in which Roe could be restricted is through the Legislative process. In 1995 and 1999 the United States House of Representatives introduced HR 1833 and the Senate introduced SR 6 in 1997, the so-called Partial Birth Abortion Ban. With the onset of the? Republican Revolution, ? social conservatives sought to bring this legislation to fruition. It has been passes twice, both in the 1997 and 1999 sessions of Congress.

The bill that was passed in 1997 met a Presidential Veto and the Senate failed in its attempt to override. The bill passed in 1999 is also expected to meet with a veto from President Clinton. The Partial Birth Abortion Ban refers to, ? an abortion in which the person performing the procedure partially vaginally delivers a living fetus before killing the infant and completing the delivery.? The legislation allows the father and maternal grandparents to file civil charges against the mother if she goes through with a partial birth abortion and she can also be charged with a felony, serving no more than 2 years in prison. The doctor who performs the abortion can be charged with the same. The Legislation does protect the right to obtain this type of abortion if the mother's life is in danger and no other procedure can remedy the situation.

The political controversy over the Partial Birth Abortion Ban was huge. The debate on the Senate floor lasted for hours, and was emotionally charged. On both sides of the issue, ? these activists have become some of the most powerful lobbies and activists in American politics, who wage legal and electoral war over whether the Supreme Court decision can be overturned.? In every federal election the stance on Abortion and Roe is a standard question asked to the candidate in the infantile stages of a campaign and in certain election years can be a decisive issue in the election's outcome.

The debate of Roe verses Wade is anything but complete. With the ideological tone of America and its highest court leaning to the right, more and more restrictions to Roe can be expected. It is not beyond the realm of comprehension to think that within my lifetime I will see the overturn of Roe vs. Wade. After looking at the trends of restriction, one must notice that the restriction has only come about in recent times: the first restrictive case, Webster, in 1989; the second restrictive case, Casey, in 1992; and the Federal Legislation in 1995. Moreover, it is anticipated that the next president will have to appoint one and possibly two new justices to the Supreme Court.

If the American people choose a President who is ideological conservative on the issue of abortion, there is a very real possibility that Roe will be overturned within the next decade, as there are already Justices who have advocated that decision. It seems to me that most Americans would not want to see such a thing happen, but do not see Supreme Court Justice appointment as a big campaign issue. This speaks to the ignorance of the American voter, and the misconception of how influential the courts can be in influencing public policy. There have been a few restrictions to the Roe vs. Wade case since its decision in 1973. There are many cases in the court system right now that seek to restrict Roe further and Federal Legislation which does the same.

We have discussed the specifics by which the Supreme Court has influenced public policy, for better and for worse, and set social trends in our nation over the past 26 years.

Bibliography

1. United States. United States Supreme Court. Planned Parenthood of Southeastern Pennsylvania, et al. vs. Casey, Governor of Pennsylvania, et al. Washington: GPO 19922.
United States. Webster vs. Reproductive Health Services. Washington: GPO 19893.
United States. United States House of Representatives. HR 1833 To amend title 18, United States Code, to ban partial-birth abortions.
Washington: GPO 19954.
United States. United States Senate. SR 6 To amend title 18, United States Code, to ban partial-birth abortions. Washington: GPO 19975.
Cynthia Gurney, Janet Bens hoof, Mary Spaulding-Balch. Interview. On-Line Forum. PBS. WGBH, Boston. January 30, 19986.
Abortion Law Homepage, The? Roe verses Wade.? Online. The Abortion Law Homepage. Internet. 14 November 1999.
Available: web Abortion Law Homepage, The? Planned Parenthood vs. Casey.? Online. Internet. 16 November 1999.
Online. Internet. 16 November 1999.
Available: web United States Supreme Court. Audio Transcript. The Oyez Project, Northwestern University. Real Audio. 11 November 1999.
web id = 43610. Audio Transcript. Roe vs. Wade. Real Audio. 13 November 1999.
web id = 334&command = show 11. Audio Transcript. Real Audio. 13 November 1999.