Roe vs. Wade Case Analysis - Term Paper Example

? Roe v. Wade  Roe v. Wade Introduction Abortion refers to the termination of pregnancy by a woman by removal from the uterus the embryo prior to viability. The subject has been controversial all over the world. One side of the debate is opponents who believe that abortion is murder. Another group argues that a woman should have legal rights to decide on whether to have a child or to abort. In 1973, the Supreme Court faced the wrath of the opposing sides on the issue of abortion, which led to what is now known as the Roe versus Wade. This paper will explore the background of the case and its subject proponents and opponents. Background Roe v. Wade arose because women were being deprived the right to choose what they wish to do with their bodies1. This is because abortion was illegal in all the states in the United States. There were strict laws, which forced many women into bad situations in any case they carry out an abortion illegally. In some instances, a number of women died as a result of unsafe abortion. Some women even tried to terminate their pregnancies themselves. Some other women chose to relocate to other countries to have safe, legal abortion. However, in the United States it was noted that a large number of women could not afford to move to other countries where abortion is legal to have their pregnancies terminated. A group of women in Texas was not happy with the situation. They argued that every woman should be allowed to choose what happened to her body. They therefore started advocating for change of law so that they could be given the right2. In 1970, the women hired two lawyers to represent them in their quest to have abortion legalized. The two lawyers presented a suit in Texas court challenging the abortion law. In the process, they found a young woman who intended to terminate her pregnancy and were willing to represent all the other expectant women in Texas who also wanted to have abortion. In order to protect her identity she was nicknamed Jane Roe3. The case was given a node and proceeded all through to the Supreme Court. Attorneys for the state of Texas however were conservative and wanted the law to remain as it was. They bear the opinion that a pregnant mother should give up her rights since the fetus rights are more important4. To counter this, the Jane Roe’s lawyer argued that women had a right to privacy, which included choosing to terminate pregnancy. The case has proved to be among the most controversial in the United States history, and many people still debates it to date. Many years after Roe, Americans still remain divided over the abortion rights. Data on opinion polls show majority Americans in support if some aspects of abortion rights with regard while others are still of the view that the decision should be overruled and abortion remain illegal5. Subject Proponents ABC News-Washington post poll conducted thirteen years after the case of Roe v. Wade indicates that 57 percent of respondents polled stated the that abortion should remain legal. A Gallup opinion poll of 2011 showed that 49 % of those polled identified themselves with Roe6. Some proponents of Roe case especially led by women feminist argue that a woman’s right to choose abortion is a fundamental right enshrined in the constitution7. Therefore, it is the prerogative of a woman to choose what to do with her body. As a result, the constitution has a right to protect the fundamental rights to privacy of women. The feminist movement and other proponents of Roe argue that fetus is not a human being. As such, abortion is a matter of terminating pregnancy and not killing a baby. They say that there is no biological proof to show that personhood starts at conception. To them a personhood starts when a person is born8. The proponents also say that fetus is not capable of feeling pain when terminating pregnancy. They cite a research carried out by Stuart Derbyshire, PhD, Senior Lecturer at the University of Birmingham who found out that a fetus is not capable of feeling pain, and therefore abortion should be allowed9. Supporters of Roe argue that access to legal and professionally performed abortion is capable of reducing injuries and deaths caused by unsafe illegal termination of pregnancy10. For this reason, they cite the World Health Organization report of October 2006, which found out that Back-alley abortion, caused approximately 68,000 maternal deaths every year in 33 countries in which abortion is prohibited. They therefore feel that if the United States prohibits abortion, then so many women who seek for illegal abortion may due in the process. The pro-Roe ruling suggests that modern abortion procedures are safe and should be allowed. They cite research from various research findings, which found out that the risk of a woman’s death from effects of abortion, has fallen to less than one in every 100,000. Consequently the risk of pregnant women dying when giving birth stands at 33.3 in every 100, 000 pregnancies. Some of the proponents of abortion argue that access to abortion is important since contraceptives are not always available. They pregnant women need a physician’s prescription to buy birth control methods such as diaphragm, pills, the shot, and the patch. Furthermore, a large proportion of all group insurance plans in the United States do not cover any form of contraceptive prescription and only a third does cover birth control pills. According to a Guttmacher Institute survey of health care insurers, it was found that about 75% of women insured in the United States lacked coverage for contraceptive services. The study also showed that as of 2009, more than seventeen million US women are completely uninsured11. The proponents of Roe say that abortion provides couples with an opportunity to choose not to birth babies whom the doctor perceives to have severe and life-threatening medical condition12. A research has shown that Fragile X syndrome is a common genetic syndrome associated with mental retardation. The syndrome usually affects one person in every 4000 males and one in every 8000 female in the US. One in every 800 newly born babies is found to have Down syndrome while others are born with Cystic fibrosis. Proponents argue that it is not ethical to subject a child to life with an acute handicap13. Therefore, abortion should be legalized. The pro-Roes argue that motherhood should never be a punishment merely for having sexual intercourse14. They say that sexual intercourse is part of human life. For example, President Barack Obama who is a proponent of abortion once said in March 2008 presidential campaign speech that he has two daughters whom he is teaching values and morals, but in case they make a mistake, he would not wish to see them punished with a baby. In this context, he is saying that abortion should be legalized15. The pro-abortion crusaders argue that a baby should not be allowed to come to the world unwanted. A research shows that 49% of pregnancies among women in the United States are unwanted. Birthing a child is a matter of lifelong decision and as such requires planning and responsible consideration and preparation. This will ensure that the child is given enough attention16. Others base their arguments on demographic and population control. They say that abortion is an effective tool in population control. Overpopulation leads to bad social effects in the country. These include poverty, malnutrition, starvation, lack of proper medical attention and education services. They therefore feel that by legalizing abortion, the US population will be contained to that which it can manage17. Subject Opponents NBC Staff and news services notes that tens of thousands of anti-abortion staged a mass protest to the U.S Supreme court to mark the 39th anniversary of Roe v. Wade. They call it the ‘Match for Life’ and are being held every year since the landmark and controversial ruling in 1974 in which abortion was legalized. The protest is considered as one of the largest protest of the year in Washington. The antiabortion crusade has takes center stage even during the presidential elections. The current president of the United State president Barack Obama is among those who support Roe. However, his opponents for this year’s race among them Republican candidates like those that Mitt Romney and Santorum have been advocating for Roe v. Wade ruling overturned. The ABC News-Washington poll found out that about 57% of respondents polled are of the opinion that abortion should be illegal18. The opponents of the Roe argue that fetus in the womb are innocent human beings for the very time conception takes place. They have a fundamental right to life just like any other individual. As a result, the country’s constitution should accord them protection. America being a country dominated by Christianity has many opponents bases their arguments on Biblical teachings. They argue that the Sixth Commandment of the Bible in the Old Testament (Exodus 20:13) says that ‘Thou shall not kill’. This is one of the main reasons as to why most of the opponents consisting of priests and church leaders. In this regard, they argue that abortion involves murder of a human being and goes against Gods commandment19. Opponents also argue that the fetus also feels pain when subjected to abortion. Kanwaljeet Anand an Anesthesiology, Pediatrics’ and Neurobiologist at the University of Tennessee school of Health Science Center found out that any fetus that have developed for more that 20 weeks of gestation would experience pain. The pain he suggest is likely to be so severe. Therefore, Roe allows for an inhumane act on the fetus20. Opponents argue that abortion contradicts the intentions of the Founding fathers for an alienable right to life. They cite the Declaration of independence that states that all men are created equal and are endowed by their creator with certain unalienable rights. Among those rights are the right to liberty, life, and pursuit of happiness. They feel that Roe ruling goes against these alienable rights21. The pro-life movement argues that women should use contraceptives as a way of birth control instead of abortion22. A study by a Center for disease Control and Prevention showed that between 19-25% of women who terminate pregnancies in 2006 had previously had abortion. Therefore, if abortion is not legal, this will prevent women from being careless in their sexual intercourse. Opponents also say that abortion results in psychological damage. According to a 2002 peer-review study by southern Medical Journal revealed that more out of 173,000 of American women who carry out abortion 154% are more likely to commit suicide compared to women who gives birth normally. They say that such psychological damages can be controlled by making sure that abortion is illegal23. Conclusion Roe v Wade is a ruling by the Supreme Court in Texas United States. Women wanted to be given the right to choose whatever to do with their bodies by legalizing abortion. The ruling has been controversial and debatable in the United States. The opinion is divided with some supporting the ruling while others oppose it. The proponents mainly argue that abortion is a fundamental right and women should be at liberty to choose what they want to do with their body among others. The opponents also argue that Roe ruling should be overturned. This is because they mainly argue that abortion deprived the fetus the right to life, which according to them begins at conception. They also say that abortion cause pain to the fetus and encourage careless sexual intercourse. They also argue that it causes psychological damage leading to many women committing suicide. Bibliography Ginsberg, R. B. (1984). Some Thoughts on Autonomy and Equality in Relation to Roe v. Wade, 63 N.C. L. Rev. 375, 13-46. Johnsen, D. (2009). "TRAP"ing Roe in Indiana and a Common-Ground Alternative. The Yale Law Journal Company, Inc. May, 112-416. Manninen, B.A. (2010). Rethinking Roe v. Wade: Defending the Abortion Right in the Face of Contemporary Opposition. The American Journal of Bioethics. Volume 10, Issue 12. 14 Dec. 33-46. Payment, S. (2003). Roe V. Wade: The Right to Choose. First Edition, New York: Rosen Publishing Group, Inc. Rasmussen, A. (2011). Contraception as Health? The Framing of Issue Categories in Contemporary Policy Making. Administration & Society, Sage Journal. Jan. 2, 44-68. Wade, R. (2003). Roe v. Wade. 410 US 113 (1973). Jan. 22 Ziegler, M. (2009). Framing of a Right to Choose: Roe and Wade and the Changing Debate on Abortion Law: 27 Law & Hist. Rev. 281, 11-32. Read More