November 3rd, 2010
Political Science 101
Is Abortion Protected by the Constitution?
Before even the creation of the Constitution, there has been the debate that whether or not abortion is protected by the Constitution. It has created many heated arguments and completely different points of view, especially the decisions were made among Supreme Court Justices since Roe v. Wade. Supreme Court Justice Sandra Day O’Connor who believed that the abortion is protected by the Constitution has reasoned:"Men and women of good conscience can disagree, and we suppose some always shall disagree, about the profound moral and spiritual implications of terminating a pregnancy, even in its earliest stage. Some of us as individuals find abortion offensive to our most basic principles of morality, but that cannot control our decision. Our obligation is to define the liberty of all, not to mandate our own moral code. The underlying constitutional issue is whether the State can resolve these philosophic questions in such a definitive way that a woman lacks all choice in the matter, except perhaps in these rare circumstances in which the pregnancy is itself a danger to her own life or health, or is the result of rape or incest "(page 252, American Government.) Justice Sandra is describing that women have the right to privacy and the right to choose to have an abortion. Supreme Court Chief Justice William H. Rehnquist argued that: "Petitioners argued before the District Court that the statutory definition was inadequate because it did not cover three serious conditions that pregnant women can suffer- preeclampsia, inevitable abortion, and prematurely ruptured membrane…In construing the medical emergency provision, the Court of Appeals first observed that all three conditions do indeed present the risk of serious injury or death when an abortion is not performed, and noted that the medial procession’s uniformly prescribed treatment for each of the three conditions is...
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