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The Abortion Debate

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The nature of the abortion topic means that all levels of the US Government have been forced to entertain the issue; the Supreme Court checked in on laws regulating abortion, Presidential candidates use it as an election manifesto, and Legislators have passed laws setting restrictions for the practice. The judicial branch has said that laws occluding abortion are prosecutable. In the case Roe v. Wade, the Supreme Court said that any state laws desisting abortion violated the right to due process. The Supreme Court concluded in Roe v. Wade that the U.S. Constitution protects a woman’s accord to extinguish her pregnancy. Legislation to impede upon a precise abortion procedure, the “partial-birth” abortion procedure, was passed. The Court in …show more content…

The Court pointed out that the Constitution never clearly defined “person,” but added that in nearly all the sections where the word “person” appears, “the use of the word seems as if it has application only post-natal. None indicates, with any guarantee, that it has any possible pre-natal application.” The greatest focus has arguably been on restricting Medicaid abortions under the annual appropriations for the Department of Health and Human Services. Under the ACA, individuals who receive a premium cost-sharing pension are given permission to select a qualified health plan that includes coverage for elective abortions, subject to funding segregation requirements that are imposed on both the plan issuer and the enrollees. The ACA’s abortion provisions have been contentious, especially with regard to the use of premium tax credits or cost-sharing subsidies to retrieve health coverage that includes coverage for elective or …show more content…

He also said “The Act sustains current Hyde Amendment restrictions authorizing abortion policy and prolongs those restrictions to the newly created health insurance commutation.” The President stated that various executive agencies play a part in ensuring that these restrictions are imposed, that includes the Department of Health and Human Services (HHS). According to Barack Obama, Federal officials, State officials (insurance regulators) and health care providers are aware of their responsibilities, whether old or new. He ordered the Director of the OMB and the Secretary of HHS to deliberate with executive agencies and offices that have relevant competence in accounting principles, including, but not at all limited to, the Department of the Treasury, and with the Government Accountability

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A recent federal lawsuit has been filed by the American Civil Liberties Union’s (ACLU) challenging the constitutionality of three provisions of the Setonia’s Abortion Laws. The three provisions ACLU are challenging are as follows (McCauliff): • Law which prevents state health officials from renewing or issuing licenses to abortion clinics located with 2000 feet of an elementary school (McCauliff). • Law which requires physicians performing abortions to complete 10 hours annually of continuing medical education on abortion procedures (McCauliff). • Law which requires abortion providers to give every patient a copy of her medical records, regardless of whether the patient requests such records (McCauliff).

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Roe vs. Wade is the highly publicized Supreme Court ruling that overturned a Texas interpretation of abortion law and made abortion legal in the United States. The Roe v. Wade decision held that a woman, with her doctor, has the right to choose abortion in earlier months of pregnancy without legal restriction, and with restrictions in later months, based on the right to privacy. As a result, all state laws that limited women 's access to abortions during the first trimester of pregnancy were invalidated by this particular case. State laws limiting such access during the second trimester were upheld only when the restrictions were for the purpose of protecting the health of the pregnant woman. Roe v. Wade legalized abortion in the greater United States, which was not legal at all in many states and was limited by law in others.

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With the passing of Roe v. Wade in 1973, the controversy surrounding abortion only just begun, unlike what the justices hoped for. Throughout the following decades, a multitude of cases were presented to the courts surrounding the issue of abortion. While the issue of abortion has been debated thoroughly, individuals on both sides of the issue still voice their opinion in hopes to be heard and enact policy change. The job before the court today is to decide the constitutionality of SB 127 here in ACLU et al. v. DeWine.

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But in nearly all the instances the use of the word is such that it has application only to postnatally.” The developing fetus cannot maintain the same right to property as the pregnant women. In order for the court to take control of a women’s body they have to prove that they have a significant state interest in protecting the property of the developing fetus, but the fetus has no defined rights under the Constitution. Furthermore, if the court denies women the right to have an abortion they are effectively depriving her of her right to property which would set a dangerous precedent. If the government can decide to make a woman retain her pregnancy, then they can effectively control other aspects of her

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broad concept and does not have a clear-cut definition. Even though the government should interfere as little as possible in people’s private lives, a right as controversial as a woman’s choice to have abortion requires a sturdy, precisely defined constitutional basis that is capable of providing protection for such an important women’s right. B. Reva Siegel’s Contribution to the Equality Approach Another scholar who is in favor of the equality approach and who reinforces MacKinnon’s argument is Reva Siegel. She has written a historical piece that is extremely important to understand both the women’s movement and the process of constitutional change through cases like Roe v. Wade.

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740 Words | 3 Pages

There are different parts of the government like the political parties, the special interest groups, the president. After the great debate of Roe vs Wade there has been many debates even violence associated with the idea of abortion. Background information of Roe vs. Wade was that it turned mostly everyone against abortion because the government decided to keep

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1038 Words | 5 Pages

With almost half the nation divided among their views, abortion remains one of the most controversial topics in our society. Since Roe v. Wade, our views in society as well as following court cases have been progressing toward the woman’s right to choose. The precedent set by Roe v. Wade made the Supreme Court acknowledge that it cannot rule specifically when life begins and it also affirms that it is the woman’s right to have an abortion under the 14th Amendment. In the 1st Amendment, the Establishment Clause forbids the government from passing laws “which aid one religion, aid all religions, or prefer one religion over another”. Many Christian pro-lifers use their religious beliefs to dispute when life begins.

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“On January 22, 1973, the U.S. Supreme Court announced its decision in Roe v. Wade, a challenge to a Texas statute that made it a crime to perform an abortion unless a woman’s life was at stake. The case had been filed by “Jane Roe,” an unmarried woman who wanted to safely and legally end her pregnancy. Siding with Roe, the court struck down the Texas law. In its ruling, the court recognized for the first time that the constitutional right to privacy “is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy” (Roe v. Wade, 1973).

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The Right to Abortion On January 22, 1973, in a 7-2 ruling, the U.S. Supreme Court handed down it’s landmark decision in the case of Roe v. Wade, which recognized that the constitutional right to privacy extends to a woman’s right to make her own personal medical decisions — including the decision to have an abortion without interference from politicians (Planned Parenthood). There are many moments in history when Roe v. Wade has been so close to being overturned, yet it is still in place. Abortion should stay legal, or not overturned, for the health of women everywhere. First, this important case took place at the time of abortion being illegal in most states, including Texas, where Roe v. Wade began.

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Lead by the conservative politicians, their aims have been to cut federal funding so that Federal dollars are not going towards abortions. Annas and Mariner (2011) discuss the issues presented to Barack Obama when attempting to pass the Affordable Care Act. He spoke in 2010, reassuring the American people that federal money would not be spent on abortions (p. 1590). With the recent election in America, Trump and the Republican government will bring up issues involving funding to Planned Parenthood. Trump’s Vice-President, Mike Pence has been a strong advocate against Planned Parenthood for several years (Ziegler, 2012, p. 724).

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For the last couple of years, americans have been deeply polarized over the issue of abortion. They debate has been cast in terms of “ pro-life” views and “pro-choice” views. The legality of abortion was confirmed in 1973 when the United States Supreme Court struck down a Texas

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The main issue in regards to the federal protection of a fetus is whether to treat the mother and child as two separate entities or as one single person. Parties to both sides of the argument provide very compelling reasons as to why one should be considered over the other. For example, prosecutors argue that the fetus should be considered a separate entity from the mother and that any harm that is caused to the fetus by another, including the mother, should be considered a criminal act (Elliott, 2013). Opponents, however, argue that this could backfire and jeopardize a woman’s right to choose an abortion and therefore prefer to only recognize the mother as the only victim (NCSL, 2015). Another issue involves the way each state differentiate

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486 Words | 2 Pages

Restrictions on access to reproductive health care have been on the rise in the U.S. While many of these restrictions claim to target abortion, they have far reaching consequences that affect reproductive health care more broadly. These laws stem from the 1992 Supreme Court Case, Planned Parenthood of Southeastern Pa. v. Casey, reinforced that individuals have the right to abortion, but which also created the “undue burden” standard. The “undue burden” standard allowed for states to create restrictions on abortion, as long as they did not create an “undue burden”, or hardship, on those seeking or providing abortions. The state of Texas has used the undue burden standard to increasingly restrict access to abortion and reproductive health care. In 2010 and 2011, the Texas removed Planned Parenthood from its list of state affiliated Medicaid care providers, and cut its family planning budget from $111 million to $37.9 million, respectively (White et al., 2012).

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The government does not have the right to tell women what to do with their own bodies. For example, if a woman is raped she should have the right to decide if she wants to carry the child of her rapist. In 1973 the United States Supreme Court decided in the infamous case of Roe v. Wade that a fetus is not a “person”. Since then there have been numerous convictions dismissed because of that. However, in South Carolina and Massachusetts the

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1729 Words | 7 Pages

The illegality of abortion was leading to deaths of countless women at the hands of “back alley butchers,” played an essential role in leading the seven justices to conclude that legalizing abortion would prevent harm (Desanctis, 2017). That measures up to 1.2 million women receiving illegal abortions that could cause infection to themselves or even death. Hospital emergency rooms were constantly full with women getting medical help from the horrible effects that occurred due to the abortions. In 1880s up until 1973, a prohibition for legal abortion became apparent and fell under the Comstock law that banned the use of birth control knowledge or assistance. After a while, women were able to receive safer and cleaner ways to receive their illegal abortions and decrease the amount of infection and deaths, but not completely.

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