Abortion rights have always been one of the most intractable ethical and legal issues, and under present conditions, the problem of legality of abortion becomes even more acute. The Bill of Rights – the first ten amendments to the U.S. Constitution, regulating the fundamental rights and freedoms of citizens, laid the legal basis for the practical implementation of the American concept of civil rights. The amendments that were passed later on the base of the Bill of Rights signify the importance of those rights. For example, Section 1 of the Amendment XIV passed by the U.S. Congress states that “no State shall make or enforce any law which shall abridge the privileges or immunities of citizens” (para. 9). However, the key of the issue lies in the question of when a person’s civil legal capacity arises. Researchers, legislators, and public all strive to resolve as to at what moment does a person become a subject of law – an individual: from the moment of birth or from the moment of conception.
Abortion Rights Policies
The legality of abortion in the U.S. has always been causing great discussions both among the public and the legislators, especially during elections.. Aiken emphasizes that “empowered by a tipping of the balance of the court away from upholding abortion rights during Trump’s presidency, state legislatures around the country have since enacted a spate of extreme abortion restrictions” (14444). In 1973, the historical case of Roe vs. Wade made it into the US Supreme Court, and thus, the abortion rights for women were recognized and accepted. Under the pseudonym Jane Roe, lawyers who wanted to oppose the Texas’ ban on abortion acted; their opponent was the county’s prosecutor Henry Wade. As a result, the Supreme Court ruled that a woman has the right to an abortion if the gestational age does not exceed 28 weeks. Prior to this precedent, the issue of the legality of abortion was decided at the state level. Thus, abortion was completely banned in thirty states, severely restricted in sixteen, and freely allowed in only four states.
At the moment, among the judges of the Supreme Court, the point of view prevails that this precedent was unconstitutional. This decision has always had opponents: conservatives represented by Republicans fought against allowing abortion rights vehemently. If the US Supreme Court decides now to strike down women’s constitutional right to abortion, at least half of the states could ban abortion as a result. The news that the Supreme Court intends to question women’s constitutional right to abortion was met with outrage and anger among the pro-choice activists and women.
Arguments against Abortion Rights
Opponents of abortion believe that artificial termination of pregnancy is contrary to the principles of protecting motherhood and childhood, and interrupts the process of the biological formation of a new person. Their goal is to get the state to provide, within the framework of national policies and laws, the protection of human life from the moment of conception. According to Yamin and Bergallo, “their pseudo-science and alternative facts such as “fetal pain” or future suicide risks in women post-abortion have proven remarkably influential over legislatures and courts in any number of countries” (2). Pro-life activists – the opponents of abortion – argue that it is impossible to protect the life and rights of one person (mother) at the expense of depriving another human being of the right to life. While it is indeed a fair stance, the issue there is that the embryo is completely dependent on the mother’s body during pregnancy, thus lacking the autonomy to be an object of constitutional rights.
Works Cited
Aiken, Abigail R. “Erosion of Women’s Reproductive Rights in the United States.” BMJ, 2019, p. l4444.
The U.S. Congress. “The Constitution: Amendments 11-27.”National Archives and Records Administration, National Archives and Records Administration, 2021.
Yamin, Alicia Ely, and Paola Bergallo. “Narratives of Essentialism and Exceptionalism: The Challenges and Possibilities of Using Human Rights to Improve Access to Safe Abortion.” Health Hum Rights, vol. 19, no. 1, 2017, pp. 1–11.