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  • Essay / Abortion: one of the most controversial subjects today

    Abortion: one of the most controversial subjects todayIn the first American colonies, English Common Law was adopted by the States -United States, which declared abortion prohibited. The procedure was considered a misdemeanor if carried out before vivification, which meant "feeling life", and a crime if carried out after vivification. In the early 1800s, it was discovered that life begins at conception, not when the mother “feels life.” Eighty-five percent of states had laws that made any abortion a crime. Between the 1800s and today, there have been many debates regarding when the life of the fetus begins and to what extent the mother has the right to terminate the pregnancy (Fast Facts: History of the US Abortion Laws, 2003 ). There have been numerous attempts to change and/or add to the current laws, and the majority of these attempts have failed. The most famous law of all, from Roe v. Wade, is still in effect today and forms the basis of abortion laws and arguments. Important Court Cases One of the most important dates in the history of abortion is January 22, 1973. On that date, the Supreme Court struck down all state abortion laws and legalized abortion in all 50 states for the full nine months of pregnancy. A mother's right to abortion is known as the result of Roe v. Wade and falls under a woman's right to privacy. Specifically, the court ruled that the government could restrict access to abortion after the first trimester with laws intended to protect a woman's health. Additionally, late-term abortions require the approval of a licensed physician to judge the procedure necessary to protect the health of the mother (Roe v. Wade: The 1973 Supreme Court Decision on State Abortion Laws, 1973). According to an article written by Michael W. According to McConnell, “the reasoning of Roe v. Wade is embarrassing to those who take constitutional law seriously, even to many scholars who heartily support the outcome of the case (p. 136). » The primary reasoning behind this decision is based on the "right to privacy" and is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. But the right to privacy is not mentioned anywhere in the Constitution, as many would agree. Connell says the justices found at least the roots of that right in the First Amendment, the Ninth Amendment,...... middle of paper...... No one ever thinks rape will happen to them, but If this happens, your decision now and your decision at that time may be different. Ultimately, should a woman have the right to choose between ending her pregnancy and potential life, or continuing her pregnancy? BibliographyFast Facts: History of US Abortion Laws. (January 21, 2003). FoxNews channel online. Retrieved February 12, 2005, from http://www.foxnews.com/printer_friendly_story/0,3566,881,00.htmlMcConnell, Michael M. (1998). Roe v. Wade at twenty-five: still legitimate. In R. M. Baird (Ed.), The ethics of abortion: Pro-life versus pro-choice (pp. 135-138). Amherst, NY: Prometheus Books. Roe v. Wade: The 1973 Supreme Court decision on state abortion laws. (1973). In R. M. Baird (Ed.), The ethics of abortion: Pro-life versus pro-choice (pp. 63-72). Amherst, NY: Prometheus Books. Thomson, Judith Jarvis. (1971). A defense of abortion. In R. M. Baird (Ed.), The ethical principles of abortion: Pro-life versus pro-choice (pp. 241-256). Amherst, NY: Prometheus Books. Webster c. Reproductive health services. (1989)..