Introduction
Abortion is one of the most controversial social issues facing American society and the world at large. While some find it unethical for a woman to perform an abortion, others consider it a matter of personal choice. Initially, in the U.S., abortion was considered a personal liberty following the 1973 Supreme Court’s decision in the case of Roe v. Wade. However, in 2022, the Supreme Court overturned the decision, allowing individual states to curtail abortion rights. Although the overturning of Roe v. Wade limits women’s access to abortion for personal reasons, it promotes the sanctity of life, improves abortion regulations, and reduces the number of abortions.
Abortion in the U.S.
Meaning
Abortion is a major social issue that has attracted multifaceted meanings depending on the context of the application. Graf et al. (2023) define the act as the medical termination of pregnancy before the fetus is viable. The definition is inconclusive since it fails to provide the specific periods within which pregnancy termination must be conducted. The definition by Jadav et al. (2023) is somewhat conclusive since it defines abortion as the spontaneous or induced pregnancy termination before 20 weeks of gestation or a fetus born weighing less than 500 g. Therefore, abortion involves terminating a fetus that cannot survive outside the uterus.
Reasons for Abortion
Given its complexity and controversial circumstances, there are many reasons why women may choose to have an abortion. The first and obvious reason for abortion is health concerns, especially for the mother (Graf et al., 2023). Some women experience medical complications when giving birth and may end up risking their lives.
Therefore, physicians normally recommend medical abortion to avoid the deaths of mothers. Conditions such as preeclampsia, cancer, and severe infections are associated with pregnancy complications that risk the lives of pregnant women (McNestry et al., 2023). Terminating the pregnancy at early stages saves the lives of women with complex medical problems.
Unplanned pregnancy is another reason why some women opt to abort their pregnancies. Poor family planning can be burdensome, especially for women who are psychologically unprepared to have children (AbdelJaber, 2023). Moreover, families that are experiencing economic hardships may choose to abort since they may find it difficult to raise children.
Furthermore, abortion can be conducted due to personal reasons. For instance, women in toxic relationships may find it better to terminate the pregnancy to avoid further marital and parental problems. Although legal abortion can be beneficial, it must be regulated since some women may have no reason at all to terminate their pregnancies.
The Case of Roe v. Wade
Facts Summary
The case of Roe v. Wade is one of the major Supreme Court decisions that have sparked public debate on abortion. The case began in 1969 when a woman by the name of Norma McCorvey, under the legal pseudonym of Jane Roe, became pregnant with her third child (Graf et al., 2023). Jane Roe wanted to abort the pregnancy but was living in the State of Texas. During that time, abortion was illegal in Texas except when it was meant to save the mother’s life (Ziegler, 2022). Jane Roe filed a lawsuit claiming that Texas’s abortion laws were unconstitutional (Ziegler, 2022). Upon hearing the case, the U.S. District Court for the Northern District of Texas ruled in favor of Jane Roe.
Supreme Court Decisions 1973
The decision by the U.S. District Court for the Northern District of Texas was appealed by the District Attorney of Dallas County to the U.S. Supreme Court. In 1973, upon hearing the appeal and the circumstances surrounding it, the court dismissed the appeal and ruled in favor of Jane Roe (Ziegler, 2022). The court’s rationale for favoring Jane Roe was that the U.S. The Constitution, under the 14th Amendment, provides for the right to privacy (Coen-Sanchez et al., 2022). Moreover, the court held that although the abortion right was fundamental, it was not an absolute one and must be balanced against the state’s interest in protecting the health of women and prenatal life (Jadav et al., 2023). The 1973 Roe v. Wade Supreme Court decision received mixed reactions from the public since some were against it while others supported the decision.
Supreme Court Decision 2022
The 1973 Roe v. Wade case paved the way for many court decisions and legislation that guaranteed the civil right to have an abortion. However, the issue of abortion remained contested until 2018, when the Mississippi legislature banned abortions after 15 weeks of gestation (Coen-Sanchez et al., 2022). The law was inconsistent with the previous Supreme Court decision of Roe v. Wade.
Jackson Women’s Health Organization contested the ban, calling for the Supreme Court’s intervention. In deciding the case, the Supreme Court, in 2022, stated that the right to abortion was not explicitly rooted in the U.S.’s history and traditions (Jadav et al., 2023). Therefore, the 1973 decision in Roe v. Wade was overturned by the Supreme Court.
Implications of the Decisions
The overturning of Roe v. Wade in 2022 brought various changes in the state’s abortion laws. Many states implemented the abortion ban laws, with new injunctions being issued before the laws came into effect. Additionally, many abortion providers had to end their businesses, with the majority of patients seeking the services from states where abortion remains legal. Although states such as Illinois and Kansas legalized abortion, there are plans to ban it in the near future. Therefore, overturning Roe v. Wade negatively impacted women who seek abortions and those providing the services.
Advantages and Disadvantages of Roe v. Wade Overturn Decision
Pros
Protection of the Sanctity of Life
The right to life is a fundamental natural right that no human being should be denied. Although there has been controversy about at what point human life begins, it has been agreed that the life of a human being begins at conception (Jadav et al., 2023). Therefore, terminating pregnancy equals ending human life, which is against natural law.
Human life is considered sacred, holy, and precious by many religions and before natural law (McNestry et al., 2023). The government has an absolute obligation to protect human life. Overturning Roe v. Wade led to improved protection of the sanctity of life, which is beneficial to unborn children.
Improved Abortion Regulation
Social order is crucial for economic development, and it includes the regulation of issues that are controversial and problematic to a given society. The overturning of Roe v. Wade was a major move toward abortion regulation (Coen-Sanchez et al., 2022). Before the decision was overturned, many states were confused about whether to ban or legalize abortion. Consequently, there was inconsistent regulation of abortion in the U.S.
However, the 2022 decision on Roe v. Wade offered a uniform direction on the regulation of abortion (Crawford et al., 2021). The states were granted full authority to regulate abortion through legislation that banned termination of pregnancy except when there was a danger to the life of the mother. There are improved and uniform abortion regulations across the states in the U.S. following the 2022 Roe v. Wade decision.
Reduced Number of Abortions
Initially, before the 2022 Supreme Court’s decision on Roe v. Wade, there were increased cases of abortion in the U.S. Many women opted to terminate their pregnancies without sufficient reasons (Crawford et al., 2021). The limited accessibility to abortion services has led to a reduced number of abortions. Many hospitals are only permitting pregnancy terminations in cases where the life of the mother is at high risk.
Reduced abortions are crucial in promoting morals and ethics in American society. Additionally, many parents are becoming responsible since they are not allowed to terminate pregnancies without justifiable medical reasons. Therefore, the 2022 decision on Roe v. Wade has significantly contributed to public morality and improved parental responsibilities.
Cons
While the decision to overturn Roe v. Wade is beneficial to American society, it is associated with various potential disadvantages. Firstly, the decision will likely lead to an increased number of neglected children. Some American women seek abortion services due to unplanned pregnancies. Banning abortion based on personal reasons is associated with the birth of unwanted children who are subject to abandonment (Coen-Sanchez et al., 2022).
Secondly, the abortion ban is considered a violation of reproductive rights. The choice to have or not have an abortion is a matter of reproductive rights and is based on personal decisions. Thirdly, the decision to overturn Roe v. Wade hurts low-income families in the U.S.
Many states have banned abortion, while others are in the process of legislating anti-abortion laws. Therefore, low-income families that live in states where abortion is illegal may face financial consequences since they will have to travel to states where abortion is legal (Ziegler, 2022). Moreover, low-income families may have to bear the burdens of bringing up children they did not plan for.
Lastly, the decision promoted political divisiveness since some are in support of it while others are against it (McNestry et al., 2023). The divided stand on the 2022 Roe v. Wade decision encumbers social and economic development. Although the recent Roe v. Wade decision has several negative impacts, the benefits outweigh its drawbacks.
Contesting the Roe v. Wade Decision
The U.S. Supreme Court plays a central role in regulating various activities and promoting human rights. The 1973 Supreme Court decision was detrimental to the fundamental human right to life (Ziegler, 2022). The decision was inconsistent with inherent natural rights; moreover, it infringed upon the government’s obligation to regulate social issues, including abortion. Furthermore, the decision was against public morality that prohibits immoral sexual behaviors (Ziegler, 2022).
The U.S. Supreme Court has the right to change laws that impugn justice and morality since it is the highest court in the federal judiciary system. Additionally, the court is made up of judges who have many years of experience in legal matters and are capable of identifying public interest in existing laws. Therefore, when changing the laws, the court prioritizes public interest in the overarching judicial matter.
Conclusion
In 1973, the U.S. Supreme Court, in Roe v. Wade, ruled that the right to have an abortion was fundamental and states should not interfere with the parents’ decision to terminate a pregnancy. The decision was associated with many controversies until 2022 when the court rescinded its 1973 decision.
The latest decision led to decreased abortion, protection of the sanctity of life, and improved regulation of abortion. Therefore, the U.S. Supreme Court serves an important role in overturning unfair decisions that are against public interest and morality. The 2022 decision on Roe v. Wade promoted public interest by protecting the lives of unborn children.
References
AbdelJaber M.D. (2023). Psychological stress and its relation to marital compatibility among early married couples. Journal of Sustainable Development in Social and Environmental Sciences, 2(2), 49–66. Web.
Coen-Sanchez, K., Ebenso, B., El-Mowafi, I. M., Berghs, M., Idriss-Wheeler, D., & Yaya, S. (2022). Repercussions of overturning Roe v. Wade for women across systems and beyond borders. Reproductive Health, 19(1), 1–5. Web.
Crawford, B. L., Jozkowski, K. N., Turner, R. C., & Lo, W.-J. (2021). Examining the relationship between Roe v. Wade Knowledge and sentiment across political parties and abortion identity. Sexuality Research and Social Policy, 19, 837–848. Web.
Graf, W. D., Cohen, B. H., Kalsner, L., Pearl, P. L., Sarnat, H. B., & Epstein, L. G. (2023). Foetal anomaly diagnosis and termination of pregnancy. Developmental Medicine & Child Neurology. Web.
Jadav, D., C Bhargava, D., Meshram, V., S Shekhawat, R., & Kanchan, T. (2023). Medical termination of pregnancy: A global perspective and Indian scenario. Medico-Legal Journal, 002581722311553. Web.
McNestry, C., Killeen, S. L., Crowley, R. K., & McAuliffe, F. M. (2023). Pregnancy complications and later life women’s health. Acta Obstetricia et Gynecologica Scandinavica, 102(5), 523–531. Web.
Ziegler, M. (2022). The end of Roe v. Wade. The American Journal of Bioethics, 22(8), 1–6. Web.