Abortion's Legal Background Based On Roe v Wade (Essay Sample)

An abortion can be defined as a medical process that aims to deliberately end a pregnancy before an embryo or fetus fully matures to become a baby (Frohwirth et al., 2018). It is a controversial issue that faces objections to religious and ethical practices for moral reasons. Opposers of abortion claim that it is a procedure that involves the painful termination of a meaningful human life. On the other hand, the supporters argue that access to safe and legally acceptable abortion is a human right. The US supreme court ruled out in 1973 that the constitution offers protection to a woman's right to miscarriage if it is done within a timeframe of twelve weeks of pregnancy (Roe Wade, 1973). After that period, the request can be restricted based on the state's discretion and risk to the pregnant woman's health. Also, fetus consciousness is essential when they become aware and can feel anything (Nobis et al.). It matters when a fetus can develop fully to have a brain and respond to stimuli, which is morally imperative.
Abortion's legal background based on Roe v Wade
Similarly known as Norma McCorvey, Jane Roe had sought some nontherapeutic abortion in Texas. However, Texas law had declared abortion illegal except based on life safety. She sued the state in federal court, but the state later appealed to the supreme court (Vaughn et al., 2010). The court declared that no state has the mandate to ban abortion done before viability. By declaring that the right is not unqualified and must be considered against the imperative interests of the state, the rights of a woman and interests stood balanced. In the first trimester of pregnancy, the right of a woman to abort could not be cut by the state (Rhoden, 1985). Also, her choice has to be respected. However, the state can limit the correct application in the second trimester of pregnancy. The court also ruled that the definition of a person does not include the unborn in the absolute sense. In a broader sense, abortion can be restricted in several ways as long as there is no undue burden on the woman.
However, abortion remains controversial as different state legislatures have developed laws that limit or control access to abortion. The rules have been challenged in court on several occasions, with some being upheld and funds for abortion procedures denied. For instance, Lowa assumed one of the most restrictive laws on abortion in 2018 under the administration of Governor Kim Reynolds. He prohibited doctors from undertaking abortion if the fetus's heartbeat could be detected. Other laws, such as those requiring the spouses' consent, have been hit down. Several group representatives such as politicians, health service providers, activists, and religious leaders have contributed their views on the ongoing debates concerning the broad matter
Two movements – the pro-life and the pro-choice have emerged to debate. Some pro-life activists believe that abortion is right in the case of rape or incest, while others strictly believe that all abortion is the end of life and thus murder. Similarly, some pro-choice believe that no restrictions should be enacted on abortion. In contrast, others back the regulations that demand time delay before an abortion can be completed or laws that enable youths to acquire consent from their parents. There exist two common types of abortions: surgical and medical abortions. The surgical type is the most common and usually happens within the first twelve weeks of pregnancy. It involves suction abortion by removal of the womb using a thin duct. The process is less aggressive, unlike other surgical procedures. On the other hand, medical miscarriages do not involve operation and are thus termed as the safest and most operative, even in the 9th week. Drugs like misoprostol and mifepristone are commonly used in administering medical abortion.
There is always a possibility that a woman will be pregnant when they engage in sex with their partner. However, it is not 100% guaranteed that they will not get pregnant under normal conditions, as there is always a slight chance of pregnancy even after using contraceptives. If the pregnancy is deliberate, the woman and the partner can decide to keep it or have an abortion. If they choose abortion, there may also be good reasons for the decisions concerning health risks. I will group the reasons into "group one" and "group two" reasons. Group one reasons are justifications that may reasonably justify an abortion. They include endangered woman's life, rape cases, or a mentally or physically disabled fetus. Group two reasons are reasons that I seem less appropriate in justifying abortion. They include career arguments, financial and social disparities, or journeys. I have done a further detailed elaboration of the above groupings below.
1 Group one reasons
Endangered woman's life
There is no reasonable need for a woman to proceed with a pregnancy if her life is in danger due to the pregnancy. It is ethical to do all possible to save both the mother and fetus but less value should be given to the potential life rather than the actual life. In this case, the mother's life is "more valuable," and forcing her at the risk of her life revokes her right to defend herself self- and hence her right to live. It is, therefore, not sensible to make her suspend her fundamental right.
Rape