...ENGL 1001 – 22 Catherine Joseph September 25, 2012 Annotated Bibliography Abortion: Parental Consent Abortion is defined as the removal of a fetus or embryo from the uterus or a termination of pregnancy. The abortion debate is full of controversy as two opposing groups (pro-life/pro-choice) argue about the legal and ethical issues surrounding the debate. Sarah Glazer, author of the article “Roe v. Wade at 25,” discusses the 1973 Supreme Court cases that legalized abortion, which thus sparked unprecedented social change and the unsettling debate of abortion. One major aspect regarding this issue is parental consent; it is still undetermined [on both a state and federal level] whether parents should be involved in a minor’s decision to terminate a pregnancy. The following sources provide both pro-life and pro-choice perspectives over whether parental consent should be required or not. Many of the sources supported the idea of parental consent through a pro-life perspective. In Charles S. Clark’s article titled, “Teenagers and Abortion,” he expresses the idea of how parents have the right to be involved in any medical decisions regarding their child and suggests that teens may be too immature to make a grave, life-changing decision on their own. Hyman Rodman, author of “Should Parental Involvement be Required for Minors Abortions,” expresses the idea of how parental consent can benefit teens as they are able to make a better decision about their pregnancy with the input of...
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...of the United States was created in 1789 by Article III of the Constitution. A key precedent of the Court was established in 1803 through the case of Marbury v. Madison. Since then the Court has ruled on the constitutionality of laws throughout the United States. Two more recent landmark cases are Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. These cases focused on women’s reproductive rights, such as abortion and a state’s rights to restrict abortions based on the constitutional rights. Roe v. Wade took place in the early 1970’s. The 1960’s were a time of hippies, peace and “flower power.” Going into the 1970’s women were demanding respect and equal rights. (“Roe v. Wade.” United States History) Norma McCorvey, also known as...
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...The important ways of looking at the issue of abortion are most easily categorized into five major points, legal precedence, birth control issues, human rights, religion and when life begins. Based on both empirical and moral claims, a wide spectrum of views supporting either more or less legal restriction on abortions has emerged in America. While advocacy groups define the issue through its constitutionality and its moral views represented by their constituents, politicians define the issue by party lines, generally with liberals as “pro-choice” and conservatives as “pro-life.” The media defines the issue morally, presenting to the nation the views of various “pro-life” and “pro-choice” organizations with little empirical evidence from both sides. The various positions that can be taken on this issue can be divided by empirical and moral assumptions to more clearly analyze the particulars of this heated topic. However, the issue focuses in on the basic question; should there be more or less laws governing abortion? Before delving deeper into the history or current debates over an issue like abortion, it is important to look simply at the fact of its existence in the United States. According to studies released in 2005 by the Physicians for Reproductive Choice and Health (PRCH) and The Guttmacher Institute, there were 1.29 million abortions performed in this country. Research by the same group shows that in 1994, approximately half of all pregnancies in the United States were...
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...Roe vs.Wade The Roe vs. Wade case was a challenge to a Texas law that made it illegal for a woman to have an abortion unless her own life was at risk or in the case of rape or incest.This case was brought about by “Jane Roe”also known as Norma L. McCorvey,an unmarried woman who, in June 1969, discovered she was pregnant with her third child.When she returned to Dallas,Texas her friends encouraged her to alledge that she had been raped in order to legally obtain a medical abortion.However,this allegation held no merit as there was no record of a police report reporting the rape.Norma then sought the help of attorneys Linda Coffee and Sarah Weddington.They took on the case.In 1970, Coffee and Weddington filed suit in the United States District Court for the Northern District of Texas on behalf of McCorvey (under the alias Jane Roe). The defendant in the case was Dallas County District Attorney Henry Wade, who represented the State of Texas.On June 17, 1970, a three-judge panel of the District Court unanimously declared the Texas law unconstitutional,stating that it violated the constitutional right to freedom found in the ninth amendment. However the judges decided to not place a mandatory punishment of states that enforce the law.This prompted McCorvey’s attorneys to take this case to the supreme court. The supreme court judges were hesitant to hear this case because they felt the appeals raised difficult questions on judicial jurisdiction.But,the case reached the Supreme...
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...Abortion in America: Woman's Health v. Hellerstedt The purpose of this paper is to illustrate significant events that have aided in the evolution and adoption of abortion laws established in the United States. Despite the lengthy history of abortion laws and healthcare policies in our country, the subject remains to be a relevant debate topic in circulation today that deeply divides societal interests among pro-life or pro-choice activists. Most recently, the Supreme Court ruled on the Whole Woman's Health v. Hellerstedt case that notably sparked one of the largest anti-abortion demonstrations in history. The hearing was held in response to the Texas House Bill 2 (HB2) signed into law in 2013, that led to the systematic closing of abortion...
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...the Supreme Court decided one of the most controversial cases in United States history, but the debate was just beginning. The landmark case of Jane Roe v. Dallas County District Attorney Henry Wade was not only symbolic of the progress of women’s rights, but an indication of judicial activism and its potentially damaging affects. It began as a fight for an unmarried young woman and her desire to terminate her pregnancy, even though it did not pose serious physical danger to her health. But, in the process of this struggle, an unprecedented judicial involvement emerged. II. This paper will first provide the necessary expository information, highlighting the central characters in this historical case, the political climate of the Supreme Court Justices during the trial, as well as a earlier case, Griswold v Connecticut which preceded Roe v. Wade. The paper will discuss the proceedings of the case at both the District and Supreme Court levels. Following, this paper will debate the surface issues of the abortion controversy, Roe as a precedent for future cases (Planned Parenthood v. Casey, Stenberg v. Carhart, and the breaking news decision of Gonzales v. Carhart), and the implied right(s) of the Constitution. III. In the 1970s, Linda Coffee and Sarah Weddington, two hot shot young lawyers from Texas, recruited Norma McCorvey as lead plaintiff under the alias “Jane Roe” in a class action suit lawsuit on behalf of US women everywhere. Coffee and Weddington had graduated...
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...Policies in Relation to Abortion Before and After the Roe v. Wade Supreme Court Case New Mexico State University Jennifer Walker Abstract The Roe versus Wade Supreme Court Case has had a huge impact on abortion laws in the United States. Before 1973, abortions were illegal and criminal, with few exceptions. Overnight, the decision in the case legalized first trimester abortions while leaving the specifications of the other trimesters up to the states. This case has led to many debates over the value of life and when life begins whether at conception, independence from mother, or first breath. All of these can be defined by religion, law, or individual beliefs. Unfortunately, none of the policies before or after Roe versus Wade have addressed the issue of unintended pregnancies, which is the underlying cause of abortion. Until this is addressed, policies will continue to be created, implemented, and challenged. Policies in Relation to Abortion Before and After the Roe v. Wade Supreme Court Case Introduction In 1973, a case was selected to be heard by the Supreme Court that would substantially impact women’s rights then and continue to impact them today. The case was over Texas policy article 1911 that stated, “If any person shall designedly administer to a pregnant woman or knowingly procure to be administered with her consent… and thereby procure an abortion, he shall be confined in the penitentiary not less than two nor more than five years…” (Law Library, 2014)...
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...Abortion: A History of Controversy, Court Cases, and Contention Abortion: A History of Controversy, Court Cases, and Contention By: Carla Phillips Pol-210 Submitted July 28, 2014 “Abortion: A History of Controversy, Court Cases, and Contention” Carla Phillips, POL-210 This research is a chronology of abortion not only from a legislative aspect, but also a social one. The goal is to show both sides of the abortion debate through court decisions, social activism, and well-known opponents and proponents. This will be an objective look at the topic without regards to my personal opinion. Abortion is a widely disputed topic within the United States. Whether politically inclined or not, most people have an opinion on abortion. Merriam-Webster’s dictionary defines abortion as “the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus”. ("Abortion - Medical Definition and More from Merriam-Webster", n.d) Even the basic definition invokes a debate. Proponents of abortion argue that life does not begin at conception, making the phrase “death of the embryo or fetus” inaccurate. Something cannot die if it hasn’t yet lived. Opponents of abortion, on the other hand, argue that life does begin with conception, making abortion tantamount to murder. The American Medical Association first condemned any abortion with the exception of ones performed to preserve the life of the mother or child...
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...Judicial review has been an element of judiciary power in the United States since Marbury v. Madison in 1805. From the beginning, the role of the Supreme Court has been to express and clarify the Constitution’s meanings and intents. In modern day there is more and more power being given to the Supreme Court Justices and the rise of judicial activism has become more apparent over the decline of judicial restraint. The idea of judicial policy-making has become a hot topic for debate. While the Supreme Court does not have the democratic legitimacy to make political decisions, as the citizen’s do not elect them, their premier role of upholding constitutional values is necessary in maintaining individual rights. In the case of Roe v. Wade the Supreme...
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...TermPaperWriter.org Abortion The subject of legal abortion has lead to a nationwide, often emotion-filled, debate that has endured for many years and will for many years to come. People are decidedly in either in the ‘pro-choice’ or ‘pro-life’ camp. There are no compromises to 1 be negotiated: one concerned with the life of a child; the other, the freedom of choice and woman’s health. This paper will first present the ‘right-to-life’ then follow with the ‘prochoice’ argument. The right to choose is the foundation upon which this country was built. Those who are pro-abortion trumpet this slogan while proclaiming a woman’s ‘God given right’ to make her own choices without government interference. This simple ideology is embraced by some but the arguments are flawed when the realities of abortion are examined. Studies have shown that most women are coerced into committing this murderous act of a living human and that there is no such thing as safe abortions as many are led to believe. There is little freedom of choice for women who are experiencing an unwanted pregnancy. The women themselves usually wish to bring their baby to full term. Other powerful influences in her life such as husbands/boyfriends, parents and friends are generally the forces that exact pressures on her to terminate the pregnancy. “Eight out of 10 women surveyed after abortion said they would have given birth if they’d had support and encouragement from family and friends” (Reardon, 2002). It’s the abortion that, in...
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...| Abortion | A Social Problem | | Raven Sutton | 8/1/2012 | | Abortion Abortion is a social problem. The important ways of looking at the issue of abortion are most easily categorized into five major points, legal precedence, birth control issues, human rights, religion and when life begins. In all of these categories there are issues with abortion that people that based on both empirical and moral claims, a wide spectrum of views supporting either more or less legal restriction on abortions has emerged in America. Advocacy groups define the issue through its constitutionality and its moral views represented by their constituents, but politicians define the issue by party lines, generally with liberals as “pro-choice” and conservatives as “pro-life.” The media defines the issue morally, presenting to the nation the views of various “pro-life” and “pro-choice” organizations with little empirical evidence from both sides. Ever since the landmark Roe v. Wade, abortion law has continued to protect the woman’s right to choose. Supreme Court cases have placed the woman’s right to choose under the right to privacy and therefore they have considered it protected by the US constitution. Also, when Norma McCorvey (also known as Jane Roe) tried to overturn the Roe v. Wade decision in her 2005 Supreme Court Case, McCorvey v. Hill (2005), the Supreme Court denied the case thus supporting the statute that Roe v. Wade had created. The precedent set in Roe v. Wade has...
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...Abortion has been a medical procedure for in the United States since as early as the 1880s. Historically it has been a medical procedure that was used when a woman’s life was in danger for medical reasons, rape, or incest. The Landmark case that set a new standard for Abortion in the United States came in 1973 in the state of Texas. “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). Roe has come to...
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...Roe v. Wade (1973) ruled unconstitutional a state law that banned abortions except to save the life of the mother. The Court ruled that the states were forbidden from outlawing or regulating any aspect of abortion performed during the first trimester of pregnancy, could only enact abortion regulations reasonably related to maternal health in the second and third trimesters, and could enact abortion laws protecting the life of the fetus only in the third trimester. Even then, an exception had to be made to protect the life of the mother. Controversial from the moment it was released, Roe v. Wade politically divided the nation more than any other recent case and continues to inspire heated debates, politics, and even violence today ("the culture wars"). Though by no means the Supreme Court's most important decision, Roe v. Wade remains its most recognized. At the time Roe was decided, most states severely restricted or banned the practice of abortion. However, these restrictions were challenged amid the sexual revolution and feminist movements of the 1960s. In 1970, two recent graduates of the University of Texas Law School, Linda Coffee and Sarah Weddington, brought a lawsuit on behalf of a pregnant woman, Dallas area resident Norma L. McCorvey ("Jane Roe"), claiming a Texas law criminalizing most abortions violated Roe's constitutional rights. The Texas law banned all abortions except those necessary to save the life of the mother. Roe claimed that while her life was not endangered...
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...Argumentative Essay: Should Abortion Be Illegal? The legalization of abortion has been an issue that has been argued both publically and privately for several decades. In all social circles this subject is very sensitive because of the moral and emotional factors involved. For the religious community, it’s a matter of morality and biblical law. For the lay person or non-religious community it’s a matter of choice. In the political arena it’s a matter of economics. The one factor that stands out the most about this issue is that it is of a personal nature. The question at hand is should we legalize abortion, and should women on government assistance be able to receive an abortion as the expense of tax payers? In order to respond to this question responsibly let’s take a look back history to get a better understanding of abortion. Abortion actually dates back to Biblical times when women consumed an herbal concoction that would induce a spontaneous expulsion of a fetus. Though this practice often resulted in not ending the pregnancy or in the death of the mother and the fetus it was documented (Fox, 2012). Throughout history there have been documented incidents of abortion. In fact, in early American history, abortion was illegal and the death of the fetus was considered to be murder. Since the great legal battle of Roe verses Wade (Profile, 1973), advocates of women’s rights have continued to fight for a woman’s right to choose. This brings Fox, P. (2012). About...
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...Roe v. Wade, 410 U.S. 113 (1973), is a landmark decision by the United States Supreme Court on the issue of abortion. Decided simultaneously with a companion case, Doe v. Bolton, the Court ruled that a right to privacy under the due process clause of the 14th Amendment extended to a woman's decision to have an abortion, but that right must be balanced against the state's two legitimate interests in regulating abortions: protecting prenatal life and protecting women's health. Arguing that these state interests became stronger over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the trimester of pregnancy. The Court later rejected Roe's trimester framework, while affirming Roe's central holding that a person has a right to abortion until viability. The Roe decision defined "viable" as being "potentially able to live outside the mother's womb, albeit with artificial aid", adding that viability "is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks." In disallowing many state and federal restrictions on abortion in the United States, Roe v. Wade prompted a national debate that continues today, about issues including whether and to what extent abortion should be legal, who should decide the legality of abortion, what methods the Supreme Court should use in constitutional adjudication, and what the role should be of religious and moral views in the political sphere. Roe v. Wade reshaped...
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