Analysis of Abortion Case - Essay Example

Abortion Case The Facts of the Case The Roe versus Wade case instigated the legalization of abortion in the United States in 1973. According to the facts of the case, the petitioner, Norma McCorvey, using the alias of Jane Roe, described as a pregnant single woman, was reported to have brought a class suit against the state of Texas for violating the constitutional rights of women by disallowing abortion on the grounds that it could only be justified and allowed in cases where the life of the mother is endangered. Accordingly, Roe became pregnant but when her marriage failed, she wanted to discontinue her pregnancy. She was supposedly looking to have the pregnancy illegally aborted but was unsuccessful. In the process, she met two lawyers, Sarah Weddington and Linda Coffee, who were reported to envision changing the abortion laws. The decision initiated the legalization of abortion through stipulating a standard formula for a woman’s right to abort, to wit: “During the first trimester of pregnancy, the "abortion decision . . . must be left to the medical judgment of the pregnant woman's attending physician." During the second trimester, a state could "regulate the abortion procedure in ways that are reasonably related to maternal health." During "the stage subsequent to viability, the State . . . may . . . regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother”” (Cengage Learning: The Right to Choice par. 7). 2. Give the Legal History: Were there previous cases that were referenced? This is actually the pioneer case that initiated a comprehensive review of the previous laws on abortion. Another case, the Dolton versus Bolton case, providing similar or parallel claims were rendered decisions that were apparently read together with the Roe versus Wade case on January 22, 1973 (Cengage Learning). 3. What were the issues? The relevant issues discussed with the violations of women’s rights, particularly those that were explicitly noted under the Ninth Amendment of the Constitution: “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” (Cengage Learning: Right to Privacy par. 1) and also noted under the Fourteenth Amendment regarding right to personal privacy. As specifically emphasized, the constitutional right of women included the right to privacy which, as emphasized by the lawyers “Coffee and Weddington (who) would (then) argue that the right to privacy also protected a woman's right to choose whether to bear a child” (Cengage Learning: Right to Privacy par. 1). 4. What was the ruling? As a result of the case, the legalization of abortion was initiated. The court ruled in favor of Roe. As indicated, “the district court held that the Texas abortion statutes were void as vague and for overbroadly infringing the Ninth and Fourteenth Amendment rights of the plaintiffs” (Lawnix par. 4). 5. What was the reasoning behind the ruling? In other words the WHY? Why did the judge rule as he (she) did? What facts were listed? The justices for the case were noted as: Harry Blackmun, William J. Brennan, Chief Justice Warren Burger, William O. Douglas, Thurgood Marshall, Lewis Powell, Potter Stewart (majority); William Rehnquist and Byron White (dissent) (Cengage Learning). The reason behind the ruling was primarily established from the right to privacy, as quoted: “if the right of privacy means anything, it is the right of the individual , married or single, to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child” (Cengage Learning: Waiting for a Full Court par. 1). Accordingly, it was explained by Blackmun that when the previous abortion laws were instituted in the mid-1800s, these laws were designed primarily to ensure that women were ultimately protected from inflicting any potential harm that could ensure from abortion. However, since there have been advancement in the status of medical technology and health care in the 20th century, “that objective was no longer valid, said Blackmun, since abortions were now as safe as or safer than childbirth for women” (Cengage Learning: Right to Choice par. 1). 6. What will be the impact on EMS? Will this impact only the individual service? The individual? What kind of alterations / training / changes will need to be made? The impact of the case on EMS is to establish validating facts that support the safety and security of the health condition of women, despite the decision or personal choice for abortion. This means improving the access and delivery of health care to women who decide to abort pregnancy as meeting the conditions posed by legal rules. The case decision which ultimately legalized abortion in the United States actually provided a significant impact on the EMS on a nation-wide basis. By enhancing medical approaches and support systems that prove that abortion is safe and could be undertaken with minimal health complications, the decision of the court proved to be beneficial to a greater number of people in the long run. As evident from Pro Choice, the benefits of the legalization of abortion included avoiding all the unfortunate circumstances which countries that continue prohibiting its legalization incur: “make abortion dangerous, turn most women into criminals, produce millions of disadvantaged children, and create wide disrespect for the law” (Arthur: Conclusion par. 1). In terms of benefits to the individuals, women who opt to decide on aborting pregnancies get to do so with a more responsible and mature stance that incorporates factors such as: lessening or miminizing health risks, preventing unplanned childbears from teenagers and women over 35 years of age, preventing passing on health defects or genetic illnesses from women who have been medically diagnosed to be suffering from chronic or debilitating illnesses, and providing options for personal and professional growth without having to contend with unplanned childbirth (Arthur). In this regard, the kind of alterations, training, and changes that need to be made to illumine anti-abortion countries on the benefits of its legalization would include proving that there are more benefits than costs associated with it. However, some anti-abortion supporters have premised their grounds on religious beliefs that are ingrained within identified cultures and predominantly Catholic devotees. As such, the only options to assist women in these locations would include assisting them, in case of resorting to go through abortion through illegal means, to have access to safe and uncomplicated abortion process. This would include providing accurate and updated medical and health information for medical practitioners to adhere to and follow to ensure the safety of the patients. For countries which support abortion, like the United States, the only changes that need to be made in this specific endeavor is to continue promoting that the safety of women is of paramount concern. As emphasized by Arthur, “America still has a very high rate of unintended and teenage pregnancies, and its mortality and complication rates from abortion, while low, could probably be improved… A more tolerant attitude towards sexuality, contraception, and abortion would undoubtedly serve to reduce America's unplanned pregnancy and abortion rates, and further improve the safety of abortion” (Arthur: United States pars. 2 & 3). In sum, it is through enhanced public awareness of the benefits of responsible sex and planned pregnancies would assist in ultimately seeing that abortion rates would continue to decline. The common and famous adage is still applicable in this scenario: prevention is alway better than the cure. Works Cited Arthur, Joyce. "Legal Abortion: The Sign of a Civilized Society." October 1999. prochoiceactionnetwork-canada.org. Web. 18 June 2012 . Cengage Learning. "Roe v. Wade: 1973." n.d. gale.cengage.com. Web. 18 June 2012 . Lawnix. "Roe v. Wade – Case Brief Summary." 1973. lawnix.com. Web. 18 June 2012 . Read More