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Paper Abstract: Examines pro and con arguments on abortion rights. Historic United States Supreme Court decision Roe v. Wade, and impact of that ruling. Basis of the majority ruling. Rights of women. Issues surrounding the controversy. Pressures brought by anti-abortion groups. Legislation in reaction to controversy. Arguments of pro-life and pro-choice groups. Need of each group for political support. Morality questions. Paper Introduction: The Pros and Cons of Abortion: An Ongoing Controversy The purpose of this report is to delineate the opposing arguments centered on abortion rights, which Michael Novak (2001) views as responsible for the deaths of 40 million Americans who would have otherwise been born. This report will consider the source of abortion rights in the United States. It will also examine the disparate positions of those who support and those who oppose such rights. Roe v. Wade (410 U.S. 113 1973) is one of the most historic decisions handed down by the United States Supreme Court. The Court was asked in 1973 to rule on the constitutionality of a Texas law that made it a crime for a woman to obtain an abortion excep Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. 113 1973) is one of the most historic decisionshanded down by the United States Supreme Court. A wiser view of abortion. It has been noted that this case illustrates the freedom-versus-orderdilemma. Wade, the abortion issue remains a source ofpolitical, social, religious, and judicial conflict. National Review, 53 (14), 2 . Polls show that since 199 more American ? The issues surrounding the abortion debate are highly emotional intone. Ponnuru, R. Congress Daily/AM, July26, 1. Thus, fearsarticulated by Pro-Life groups appear to have been relatively groundless,at least in this regard (Brown, 1999). It must be recognized that the question of the ethnics and themorality of abortion is, in the final analysis, a personal matter. Every year, says Brown (1999). But these laws also are presented by supporters asserving to fulfill a societal need for order, protecting life (includingthat of the unborn) and the safety of citizens. Free Inquiry, 2 (1), 11 ?12. The Court declared that in the first three months of pregnancy, theabortion decision must be left to the woman and to her physician. (2 1). The American Prospect, 12(8), 4 . Critics of the decision assert that in the absenceof guiding principles, the justices simply substituted their views for theviews of the Texas state legislature whose abortion regulations wereinvalidated (Griffin-Carlson & Mackin, 1993; Reibstein, 1998). Regardless of how the debateis framed, it is probable that the most vehement pro-life and pro-choicesupporters will continue to call for an all or nothing solution to theissue (Ponnuru, 2 1). While Clinton and Congress did remove many of the restrictionsfrom the Reagan and Bush eras, abortion rights forces did not get what theywanted most ? Today, however, thisincrease has vanished, and abortion rates are closer to 1972 rates, andfewer than 1,5 , abortions are performed annually. Wade, while in 1986 the Supreme Courtheld unconstitutional a Pennsylvania law that required doctors to providedetailed information about alternatives to abortion and risks of abortionto all women seeking this service (The abortion pendulum?, 2 1). Both sides of the question, the Pro-Choice and the Pro-Life groups,have recognized the importance of obtaining political support from electedofficials as a means of shaping national, state and local policy and law.To date, however, the Supreme Court remains firm on this issue, though manyof the original justices seated during Roe v. Nevertheless, as Ponnuru(2 1) and Brown (1999) have noted, most Americans seem to have adopted acentrist position on the question and to be willing to allow the right toabortion to remain in place. Wade was greeted by renewedcontroversy regarding the right to abortion one demand. Kaminer, W. In fact, withrespect to both abortion and multiple sexual partners, the Center forDisease Control has indicated that in the age of AIDS both phenomena are onthe decline, perhaps as a result of enhanced educational efforts (Brown,1999). Nearly half of these abortions(2 million) are medically unsafe, resulting in the deaths of nearly 8 , women each year and a much larger number suffering infection, injury andtrauma. Renquist, the two dissenting voicesin this case, argued that the decision was a result of the Court's owndislikes, and the judgment of the Court was informed by this and not by anyconstitutional compass. Adolescence, 28(1 9);1-11. The Human Life Review, 27 (2),1 . This meant, in essence, that a state could exercise the right toprotect a woman's health by restricting but not prohibiting abortions inthe second three months of pregnancy. Arguing at fever pitch. Newsweek, 131, 66 67. 66) that The American public believesin the legal right to an abortion, but not abortion on demand. Brown (1999) states that central to the debate on abortion are thebiological, legal and moral status of the fetus. The majority decision rested upon the right to privacyembraced within personal liberty protected by the Fourteenth Amendment'sdue process clause and the "penumbras" of other elements in the Bill ofRights. Pro-Life groups have also argued that legalized abortion willultimately become an acceptable form of birth control. Thus, the legality of abortion and the availability of medicallysafe abortion are seen by Brown (1999) as public health issues. (2 1). The Court was asked in 1973to rule on the constitutionality of a Texas law that made it a crime for awoman to obtain an abortion except for the sole purpose of saving her life.The author of the majority opinion in a decision that was split 7 to 2,Justice Harry A. Reproductive emergency. Novak, M. (1993). Pro-Life forcesanticipated that this decision would spur a dramatic increase in the numberof legally obtained abortions; they were, at least initially, correct. Cells, fetuses, and logic: Who is beingsentimental, who rational, in this debate? DevoutRoman Catholics and members of other religious groups who, because of theirfaith, define abortion as a sin have, under the Constitution of the UnitedStates, a natural and protected right to hold such beliefs. The Courtconcluded that this law had invaded the private sphere of individualliberty protected by the Constitution (Thornburgh v. The Pros and Cons of Abortion: An Ongoing Controversy The purpose of this report is to delineate the opposing argumentscentered on abortion rights, which Michael Novak (2 1) views asresponsible for the deaths of 4 million Americans who would have otherwisebeen born. Inaddition, a woman's right to end her pregnancy can be defeated only by"compelling" state interests (The abortion pendulum?, 2 1). The moral and ethical underpinnings of the debatesimply do not lend themselves to an easy solution. Lamb. (1999). Later, however, in 1983, the Court appeared to reverse this moveby striking down government-imposed restrictions on abortion procedures(Lamb, 199 ). Griffin-Carlson, M. Acting perhaps out of respect for theprofessional opinions of the medical community, the Courts have severelyrestricted access to abortion-on-demand in the final trimester ofpregnancy, during which a fetus becomes capable of sustaining lifeindependently. (2 1). In 1998, the 25th anniversary of Roe v. Wade (41 U.S. White and William H. In1972, before the decision, there were about 75 , legal abortionsperformed, generally upon women whose lives were endangered by theirpregnancy; as of 1978, this figure rose to 7,288, . Those who Pro-life groupsare in no doubt that a fertilized ovum is a human being and its destructionis nothing less than murder. Blackmun, could not point to a single constitutionalguarantee to justify the Court's ruling that the Texas law wasunconstitutional. Wade decision. (2 1). The decision inRoe v Wade made it necessary for forty-six states to modify, change,refine, or restructure their laws regarding the rights of women to obtainabortions on demand (Reibstein, 1998). Responding to political and other pressures from anti-abortiongroups, Congress in 1976 passed legislation severely restricting the use offederal funds for reimbursement of abortion costs. ----------------------- 1 In such cases, the individual states are, as noted above,allowed to restrict access to abortion except in cases where the life ofthe mother is threatened. It will also examine the disparate positions of those whosupport and those who oppose such rights. North Scuitate, Ma.: Duxbury. Similarly, Pro-Life forces have also suggested that abortion-on-demand facilitates promiscuity among both adults and adolescents; even manycritics of abortion-on-demand do not find adequate evidence that thisphenomenon has developed (Brown, 1999). Parental consent: Factorsinfluencing adolescent disclosure regarding abortion. This report will consider the source of abortion rights in theUnited States. legislation to write the right to abortion into federal law.The 1994 Congress saw the abortion foes gain some ground, but the Courtshave continued to affirm the legality of abortion. References The abortion pendulum: Swinging again? This decisionwas received as affirmation of the initial ruling in Roe v Wade. The abortion thaw. Pro-Choice groups often point to the prohibitions, legal andotherwise, against homicide, and attempt to make the case that abortion asa form of homicide should also carry criminal and civil sanctions andpenalties. Although more than 28 years have passed since the Court handed downits decision in Roe v. Anti-abortion laws are viewed by their opponents as abridgingfreedom, specifically the ability to make fundamental personal choiceswithout interference. S., & Mackin, K. (199 ). The Courts have chosen to absent themselves fromthe discussion as to when human life can be said to begin; members of themedical profession tend to associate the beginning of actual, viable lifewith that point in a pregnancy when a fetus can survive without itsconnection to its mother. More significantly, physicians performing anabortion late in a pregnancy are enjoined by AMA and other standards to usethe least traumatic, least invasive techniques that are most likely toallow a fetus to survive the procedure. Pro-lifeforces welcomed the election of Ronald Reagan to the presidency, while pro-choice supporters saw in Bill Clinton a source of support for their ownposition. The Supreme Courtsustained this restriction of federal funding, known as the Hyde Amendment,in 198 . Reibstein, L. Brown (1999) argues that from a humanist perspective, it is necessaryto permit abortion while restraining certain uses of the procedure toensure that abuse and misuse will not occur. Former President Ronald Reagan endorsed a constitutional amendment in1982 that would have reversed Roe v. The Court's decision inthis matter, which represented an attempt to balance the demands of freedomand order, created a national controversy that is yet to be resolved.Justices Byron R. (1998). However, a recent article in Congress Daily/AM (The abortion pendulum,2 1) noted that public opinion on abortion seems to be continually movingtoward the center and away from the extreme views of the most ardent pro-choice or pro-life forces. Brown, D. What seems clear is that the guiding principles that affect theabortion issue are contained within the Fourteenth Amendment, andregardless of the political, moral, or other orientations of the SupremeCourt Justices, as a group they remain convinced of the essential validityof the Roe v. The People, Maybe. Reibstein (1998)reported that even a conservative Supreme Court had shown itself unwillingto reverse the precedent established in the January 22, 1973, ruling inRoe, which paved the way to somewhere between 31 and 4 million legalabortions. Law Week 4618 1986). Wade have subsequently beenreplaced. In the final three months ofpregnancy, states may regulate and even prohibit abortions to protect thelife of the fetus except when medical judgment determines that an abortionis required in order to preserve the life of the mother. American College ofObstetricians and Gynecologists, 54 U.S. Roe v. Brown (1999) pointed out that women have always sought and found aphysician or other individual willing and able to assist them in obtainingan abortion to end and unwanted, unplanned, or otherwise inappropriatepregnancy. Some 45 million pregnancies, outof a total of 175 million, end in abortion. The response to this argument is clear: the Court has ruled thatthe demands of order are met when abortion is regulated as has beendescribed above, and the sanctions and penalties established in the case ofhomicide emerge from a need to establish and reinforce social order (Theabortion pendulum, 2 1). Some pro-choice supporters maintain that thefetus, far from being a human being, is merely art of the mothers body andis entirely hers to dispose of; this would render abortion no moresignificant than deciding to cut ones hair. It is probable thatsome women who obtain first and even second trimester abortions do so as aform of birth control, but little research has been conducted into thequestion of what motivates abortion decisions among women who have multipleabortions. K. Changes in the Congress and the Oval Office haveover the past two-plus decades have either tightened restrictions onfederal funding for abortion or loosened those restrictions again. Pro-Life groups also stress the moral aspects of the abortiondecision, contending for the most part that abortion represents the takingof a human life and is, in essence, a form of legalized murder (Brown,1999; Reibstein, 1998). Those who believe that abortion shouldbe legal in all circumstances have dropped to about 22 percent, leading tothe assessment by Reibstein (1998, p. There is some evidence, however, which suggests that because of readyaccess to birth control information and devices, as well as changes incultural norms and mores, that both male and female adolescents areengaging in sexual intercourse at increasingly earlier ages than pastgenerations; there is no evidence linking this fact to any increase in thenumber of teenage women seeking or obtaining abortions. Conversely,individuals who disagree or hold other moral and ethical beliefs are alsoso entitled and so protected (Kaminer, 2 1). about 6 percent ?place themselves in the middle of the abortion debate, favoring "choice"but not especially happy about it. Since the fetus is, however,genetically distinct from the mother, the latter position is difficult tosustain. If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.