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  • Essay / The Supreme Court Abortion Case - 1516

    The history of how abortion became legal dates back to Roe v. Wade from the Supreme Court in 1973. Before that, the practice of abortion was illegal unless the woman's health was in danger. and the doctor offered her an abortion to end her pregnancy. The doctor would then continue the procedure without the law being violated. Jane Roe, a single woman from Texas, has launched a federal lawsuit against the county attorney. She argued that her right to abortion violated provisions of the Ninth and Fourteenth Amendments and was therefore unconstitutional. She wanted to terminate her pregnancy with a licensed professional practitioner in a safe environment. She was unable to legally have an abortion in Texas because her pregnancy was not life-threatening. The Supreme Court agreed with him and therefore legalized abortion, because "the individual's right to privacy included the right of the woman to abort her fetus, if she wished to do so or if it was medically judged to do so." necessary " (). Women were now allowed to have an abortion without any reason within the first six months of their pregnancy. The court also stated that "the right to privacy, whether based on the Fourteenth Amendment's concept of personal liberty and restrictions on state action, as we believe, or as the court in district has determined, within the reservation of Ninth Amendment rights in the eyes of the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. The harm that the State would impose on the pregnant woman by completely denying her the choice is obvious” (). The due process clause of the Fourteenth Amendment prohibits a state from denying an abortion since the amendment states that "no State shall in...... middle of paper...... actually bring out the fetus from the mother's womb. with surgical scissors and a suction device is placed through the brain opening so that the head can collapse. The Nebraska Supreme Court's 2003 case Stenberg v. Carhart did not allow partial-birth abortions and ruled it was unconstitutional. Since then, laws such as the Partial Birth Control Abortion Ban Act, signed into law in 2003 by George W. Bush, have prohibited this horrific act except in rare cases where it is absolutely necessary to save the mother's life. After that, in 2007, in the Supreme Court case Gonzales v. Carhart, he upheld the federal ban on partial-birth abortion and overturned the Stenberg v. Carhart decision. Gonzales set a precedent that anyone who "delivers and kills a living fetus could be subject to legal consequences" unless it was done to save the mother's life. ().