Roe vs Wade - Essay Example

Download file to see previous pages... aised in the two cases were; a) the legality of abortion laws passed by states seeking to criminalize all forms of abortion when interpreted in the letter and spirit of the US Constitution; b) the parameters of the Due Process provision of the 14th Amendment as a safeguard against the right to privacy in abortion; c) whether states had the authority to legislate laws that may prohibit abortion; d) whether the natural termination of Roe’s pregnancy rendered her case, on the same issue, which was pending before the court meaningless; and e) whether the district court was correct in denying injunctive relief. This paper will discuss some of the issues relating to the right of privacy based on the ruling on Roe.
In 1880s abortion was legalized in United States specifically to protect the mother’s life from harm. Since the country was facing low birthrate during that particular period, especially among the whites, the government and other human rights agencies were concerned about the negative impacts of the policy. They termed the declining population of whites through abortion as having the same bad effect as suicide since they wanted the women who were born in United States to reproduce. Abortion was had been previously illegal and thus if a woman had to procure an abortion it depended on the race, economic situation, and the location where one lived (Critchlow, 2010). It is notable that poor women who came from other races could not afford it due to the high related cost.
In early 1960s, however, the trend somehow changed by virtue of the formation of a group known as the Clergy Consultation Services on Abortion. The group drew its membership from church ministers and rabbis who dealt with illegal abortion since they sympathized with women of color who were disproportionately affected by the problem. The corresponding growth of civil rights and antiwar movements during the period campaigned for and came up with women liberation movement seeking the ...Download file to see next pagesRead More