There are handful of domestic policy issues that have become a focal point of discussion among the general population of the United States of America. Recent issues that have came to the forefront of debates nationwide include the possible legalization of marijuana, and whether or not modern gun laws need to be revised in order to put a greater regulatory influence in the gun-purchasing process. However, the topic of abortion and its moral and legal validity have been argued by ‘pro-lifers’ ‘pro-choicers’ for generations. There are many things to consider when formulating an opinion on this highly polarizing issue. Over the years, the issue has become extremely morally charged in nature. As a result, people are unlikely to be convinced that the opposite ideology regarding abortion has any merit, despite the quality of argument made. This causes bias that must be considered in polls and commentary regarding the issue. Background The history of the practice of abortion dates back thousands of years, and specific cases of it being used can be found in nearly every civilization which has been studied.
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In the years before and during the nineteenth century, the practice was incredibly dangerous, as was the case with most surgical procedures performed. This was because of the lack of modern medical knowledge on top of the absence of antiseptics and licensed clinics. During this time, it was not uncommon of abortions to lead to the premature death of the mother as well (“History of Abortion”). It was not until the late 1800s in the United States when people began to call for the prohibition of the practice. States soon began to oblige in formulating legislation, but the motivation for doing so varied on a state by state basis. According to the National Abortion Federation (NAF), one of the main reasons for the emergence of anti-abortion laws was the fear that the population at the time would be dominated by the children of newly arriving immigrants, whose birth rates were higher than those of native Anglo-Saxon women. To prevent this, lawmakers wanted to ensure that no potential Anglo-Saxon births be terminated. (“History of Abortion”). Legislation was also created in order to protect women from the dangers of abortions from untrained practitioners. In fact, by 1910 all but one state had criminalized abortion “except where necessary, in a doctor’s judgment, to save the woman’s life” (“History…”). This resulted in abortion becoming a doctors-only practice, which improved the safety of the procedure; however, as stated in the quote above, women had no discretion as to whether or not they can obtain the service. Despite its criminalization in the early 1900s, the amount of women seeking an abortion did not decrease according to a study cited by the NAF. In the years prior to 1973, a Guttmacher Institute study estimated that up to 1.2 million women received an illegal abortion per year, and a considerable amount of these cases likely resulted in the woman being harmed because of malpractice (“History…”). Between 1967 and 1973 one third of the states repealed their anti-abortion laws. The right of all women in the United States to receive an abortion came about in 1973 with the Supreme Court’s Roe v. Wade ruling. In the decision of the case between the 21 year old female (Jane Roe, who represented all women without access to a legal abortion) and the the Texas Attorney General Henry Wade, the court ruled that, “Americans’ right to privacy included the right of a woman to decide whether to have children, and the right of a woman and her doctor to make that decision without state interference” (“History…”). Since this decision by the highest court in the United States, Texas has tested the the legal limit in regards to limiting the availability of abortion services to women. Many other states are following suit, despite the ruling in the second major abortion-related issue resolved by the Supreme Court (Planned Parenthood v. Casey). The ruling determined that it was unconstitutional for “states to place undue burdens on the constitutional right to an abortion before fetal viability” (Liptak). The Supreme Court is due to hear an additional abortion-related case, with regard to a legislation in Texas that would reduce the amount of abortion clinics in-state from forty to ten. Amy Hagstrom Miller, the lead plaintiff for the case, claims that this law violates the precedent set
In the years before and during the nineteenth century, the practice was incredibly dangerous, as was the case with most surgical procedures performed. This was because of the lack of modern medical knowledge on top of the absence of antiseptics and licensed clinics. During this time, it was not uncommon of abortions to lead to the premature death of the mother as well (“History of Abortion”). It was not until the late 1800s in the United States when people began to call for the prohibition of the practice. States soon began to oblige in formulating legislation, but the motivation for doing so varied on a state by state basis. According to the National Abortion Federation (NAF), one of the main reasons for the emergence of anti-abortion laws was the fear that the population at the time would be dominated by the children of newly arriving immigrants, whose birth rates were higher than those of native Anglo-Saxon women. To prevent this, lawmakers wanted to ensure that no potential Anglo-Saxon births be terminated. (“History of Abortion”). Legislation was also created in order to protect women from the dangers of abortions from untrained practitioners. In fact, by 1910 all but one state had criminalized abortion “except where necessary, in a doctor’s judgment, to save the woman’s life” (“History…”). This resulted in abortion becoming a doctors-only practice, which improved the safety of the procedure; however, as stated in the quote above, women had no discretion as to whether or not they can obtain the service. Despite its criminalization in the early 1900s, the amount of women seeking an abortion did not decrease according to a study cited by the NAF. In the years prior to 1973, a Guttmacher Institute study estimated that up to 1.2 million women received an illegal abortion per year, and a considerable amount of these cases likely resulted in the woman being harmed because of malpractice (“History…”). Between 1967 and 1973 one third of the states repealed their anti-abortion laws. The right of all women in the United States to receive an abortion came about in 1973 with the Supreme Court’s Roe v. Wade ruling. In the decision of the case between the 21 year old female (Jane Roe, who represented all women without access to a legal abortion) and the the Texas Attorney General Henry Wade, the court ruled that, “Americans’ right to privacy included the right of a woman to decide whether to have children, and the right of a woman and her doctor to make that decision without state interference” (“History…”). Since this decision by the highest court in the United States, Texas has tested the the legal limit in regards to limiting the availability of abortion services to women. Many other states are following suit, despite the ruling in the second major abortion-related issue resolved by the Supreme Court (Planned Parenthood v. Casey). The ruling determined that it was unconstitutional for “states to place undue burdens on the constitutional right to an abortion before fetal viability” (Liptak). The Supreme Court is due to hear an additional abortion-related case, with regard to a legislation in Texas that would reduce the amount of abortion clinics in-state from forty to ten. Amy Hagstrom Miller, the lead plaintiff for the case, claims that this law violates the precedent set