Abortion: The Legal Perspective

The Progression of the “Women’s Rights” Movement Believe it or not, less than a century ago, birth control and all forms of contraceptives were illegal. Merely advocating for birth control was viewed as uncouth and detrimental to society. Margaret Sanger, informal founder of Planned Parenthood, was indicted for publishing literature that encouraged birth control.

Griswold v. Connecticut, 381 U.S. 479 (1965) In a 7-2 decision, the Supreme Court struck down a Connecticut statute that prohibited “any drug, medicinal article or instrument for the purpose of preventing conception” on the grounds that it violated the due process clause of the fourteenth amendment. In effect, this decision legalized birth control in a marriage.

“The constitution more so protects a woman’s right to choose than it does the child’s right to life.” -Justice William Brennan

Jane Roe, et al v. Henry Wade, District Attorney of Dallas County, 410 U.S. 113 (1973) Struck down abortion restrictions in 46 states. A “fundamental right” Trimester regulations and the “right to life” IuA IuA

Stare Decisis

Upholding Roe: Planned Parenthood of Eastern Pennsylvania v. Casey, 505 U.S. 833 (1992) Pennsylvania Abortion Control Act – required doctors to provide women with information about the health risks and possible complications of having an abortion before one could be performed – “spousal notification" rule required women to give prior notice to their husbands – “parental consent" rule required minors to receive consent from a parent or guardian prior to an abortion (law allowed judicial bypass procedure). – imposed a 24-hour waiting period before obtaining an abortion – imposition of certain reporting requirements on facilities providing abortion services

Planned Parenthood v. Casey (cont.) As amicus curiae, Bush administration requested for Roe to be overturned. Plurality opinion delivered by Justices Kennedy, Souter, and O’Connor. Established “undue burden” standard: “substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability”

The Roberts Court: Gonzalez v. Carhart, 550 U.S. 124 (2007) "Thus, legal challenges to undue restrictions on abortion procedures do not seek to vindicate some generalized notion of privacy; rather, they center on a woman's autonomy to determine her life's course, and thus to enjoy equal citizenship stature.” – Justice Ruth Bader Ginsburg

Opposing Legal Views: Originalism and the Tenth Amendment rMk rMk

IMPLAUSIBLE NONSENSE Overturning Roe and Casey v. Reality

Justice Sotomayor and the Confirmation Process vQw vQw

“Never forget that everything Hitler did in Germany was legal.” -Martin Luther King, Jr.