ABORTION RIGHTS IN THE USA

Handout on all the key cases for abortion rights in the Usa. Useful for OCR Politics:)

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  • Created on: 24-01-13 19:52
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Abortion rights
Abortion: the deliberate termination of a pregnancy and removal of the foetus from
the womb
Why are these rights so contentious?
Religious beliefs especially from the bible Life starts at conception. "When Elizabeth heard
Mary's greeting, the baby leaped in her womb..." "Before I formed you in the womb I knew you,
before you were born I set you apart" America a VERY religious country.
The constitution says nothing about abortion vagueness has left questioning over whether abortion
is constitutional.
Key cases involving the protection of these rights:
1973, Roe vs. Wade: said that the 14th amendment right of `liberty' including `freedom of
personal choice in matters of marriage and family life' included a woman's right to terminate
a pregnancy. 72 decision legalising abortion across America judicial activism evident.
1989, Webster vs. Reproductive health services: upheld a Missouri law that imposed
restrictions on the use of state funds, facilities and employees in performing and assisting on
abortions.
1992, Planned Parenthood of Southeastern Pennsylvania vs. Casey: upheld law that
required women to receive counselling on the risks and alternatives must also wait 24 hours
after for an abortion. Women under 18 needed parental consent.
Recent cases:
2007, Gonzales vs. Carhart: upheld the Partial Birth Abortion Act of 2003(prohibiting a
form of lateterm abortion). Ruth Bader Ginsburg stated the case "cannot be understood as
anything other than an effort to chip away at a right declared again and again in this court
and with increasing comprehension of its centrality to women's lives"
Supreme Court Justice's opinions on abortion:
Ruth Bader Ginsburg: "Government should fund abortion and childbirth equally" (Jan
2006) "It's a woman's body and a woman's choice" (Jul 1993)
Antonin Scalia: "Leave abortion to states Court should get out of this area" (Jun
1992)"Roe v. Wade was wrongly decided & should be overturned" (Jun 1992)
John Roberts: "Constitutional privacy protection is only a socalled right" (Oct 2010)"Roe
v. Wade is more than settled as precedent" (Jan 2006)"Finds no support for abortion rights
in Constitution" (Jul 2005)"Roe v. Wade was wrongly decided" (Jul 2005)
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