Abortion Rights American Legal System - Essay Example

? Running Head: AMERICAN LEGAL SYSTEM Abortion Rights – American Legal System The American legal system is layered in to several parts, the most as compared to any other developed nations in this world. Every day, courts throughout the United States of America, render a decision that influence and affects the lives of thousands of people across the territory of the United States. The affect of the decisions attributed, often vary in many aspects. Some decisions adjudged by the court affect only the party concerned, while there are certain prominent decisions that potentially affect the rights, benefits, and legal principles of virtually all the Native Americans. There are in stances when Americans welcome a certain ruling, while there are also cases that receive that disapproval and protests of the American citizens. However, the notable fact is that all American citizens accept the legitimacy of these decisions, and also of the courts role as the final interpreter of the law. It is certain that the citizens of America place their faith in the rule of law, and also cast their vote of confidence on the legal system of United States of America (State, 2001, p.6). Abortion rights in the American legal system The United States of America portrays an emerging trend where the freedom of choice is used to presage the freedom from responsibility. However responsibility is required from the fruitful exercise of any freedom. The abortion rights and the decisions rendered by the American legal system on the abortion rights of the Native Americans had a significant and widespread impact on the lives of the citizens across the United States of America. The rulings in abortion rights cases have given birth to more intense emotions in the American citizens. Before, 1973, abortion was a matter that was completely regulate by the states. Most of the states in America either prohibited it or restricted it in some form or the other. Most of these laws had been in place for more than a century, and portrayed widely prevailing moral code (Couser, 1993, p.26). When it comes to the issue of abortion, many American individuals interpret freedom of choice as the freedom from accepting the consequences of one’s action. It is essentially noted that the outset that this “freedom of choice” is exercised not only by the women of the country, but also by the men’s in the state. It is an often scenario that men, influence their wives and several other to undergo abortion so that they can be free from accepting the con sequences of their action. It is obvious that when a woman conceives, the action is a result of the process that involves willingness of both the man and the woman (apart from the instances of rape) (Bullock, 1994, p.1). The case of Roe vs. Wade Jane Roe was a fictitious name attributed to Norma McCorvey. She was an unmarried pregnant woman, an inhabitant of Dallas, Texas. Joe wanted to opt for abortion, and filed a suit in the year 1970, to prevent the Dallas county prosecutor Henry wade from imposing the antiabortion laws in her case. Although by the time the case was brought during the year of 1971, rose had already delivered her baby and put it up for adoption. Although roe was no longer pregnant, the United States court rejected the claims that the case was debatable, arguing that Joe might get pregnant again, and other women similarly situated would become pregnant. Justice Blackmun acknowledged the fact that, “pregnancy litigation seldom will survive much beyond the trial stage, and appellate review will be effectively denied” if a case became moot as soon as the pregnancy ended (Jburroughs, 2003). Blackmun declared that it would be unfair towards the women if the law in the states would be so rigid. He found that pregnancy serves a good reason for an end of non-mootness. The court focused on the merits of roe’s claim. Justice Blackmun considered the antiabortion legislation, as well as other various ethical, philosophical, and religious writings on the subject of abortion. Finally Blackmun came to the conclusion that the laws of most of most American states, like Texas were not updated with the changing medical science. The judge essentially notified that the states with such regulations violated the constitution’s rights to privacy. Conceding that the constitution does not explicitly mention any right of privacy, Blackmun referred to cases more than 80years back, which implicated that the constitution protected a right to privacy in a number of ways. He referred to cases like the Boyd v. United States, 116 U.S. 616 (1886). He addressed that the “This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the district court determined, in the Ninth Amendment's reservation of rights to the people” is sufficient enough cover women’s decisions to terminate her pregnancy (Jburroughs, 2003). He further emphasized that the state imposition of harsh laws poses a great burden on the pregnant woman by disapproving her choice on abortion. This may subject the woman to any kind of potential health and emotional stress. The harm caused to the woman’s psychology is imminent. There is also a social distress caused due to everyone’s concerns about the unwanted child, and the chances of disapproval of that child by the society. Also the continuation of unwed motherhood may cause further distress for the woman (Jburroughs, 2003). Major achievements of the case The Roe case lead to the creation of the trimester system. This system gave the American women a potential right to an abortion during the first three month of pregnancy. It also allowed some government regulation in the second trimester of pregnancy. The system also acknowledged that the state concerned may essentially restrict or ban abortions in the last trimester, as the fetus is close to the point where it can potentially live outside the womb. In this facility of trimester, a woman can opt for an abortion despite any legal ban if the doctors concerned give a certificate about the necessity of abortion in order to prevent deterioration of the woman’s health (Jburroughs, 2003). Conclusion Abortion rights in United States had been one of the controversial subjects for the American citizens, as it not decisions in the context not only affected the concerned person but the society o the whole. United States of America record over 1.5million abortions cases every year. During the year of 1988, Aida Torres and Jacqueline forest enquired 1900 women about their reasons for abortion. Among the women surveyed, more than 70% procured the measure of abortion as a way to control the birth rate. Less than 1% of abortion was registered as a case of rape or Incest. Although the causes of abortion for the women who were not the victim of rape, or whose life was not threatened due to pregnancy, essentially varied in many ways. The majorities are concerned about how a baby would change their lives, whether they are ready for that responsibility, or whether the relationship among the couple is stable. The statistics produced by Alan Gluttmacher institute portrays that, the total number of pregnancies amongst American women, 50% are unintended, and 50% of those are terminated by abortion. Inspite of all the reasons for legalizing abortion in the United States, there is an important concern for both men and women that they should essentially consider the aftereffects before getting involved in any kind of sexual activity. Doing this, paves a way for responsible action. References Couser, B. R, (1993), Ministry and the American legal system: guide for clergy, lay workers, and congregation, USA: Fortress Press Bullock, R.J, (1994), Abortion rights in America, retrieved on 16th march, 2012, from: http://www.law2.byu.edu/lawreview/archives/1994/1/bul.pdf Jburroughs (2003), Roe v. Wade, jburroughs, USA, retrieved on 16th march, 2012, from: http://science.jburroughs.org/mbahe/BioEthics/Articles/Summary_Roe_v_Wade.pdf State, (2001), Outline of the US legal system, state, United States department of state, retrieved on 16th march, 2012, from: http://photos.state.gov/libraries/korea/49271/dwoa_122709/Outline-of-the-U_S_-Legal-System.pdf Read More