¶ … Rules of Law
It was January 23, 1973 and before the world knew, Roe v. Wade would change the laws surrounding the issue of abortion eternally. The decision and choice to terminate a pregnancy was illegal in Texas at the time, which was then challenged by the pregnant Jane Roe. She wanted to end her gestation in a safe and licit manner, and coincidentally the Supreme Court agreed in her favor. The ruling was the first time the court recognized the right to privacy incorporated a female's right, should she choose, an option to end her pregnancy or not. This landmark case not only validated and legalized the right to an abortion, but it interdicted prior laws regarding the act. Previously, abortion was only permissible when a woman's life was in danger and was necessary to save her life. Furthermore, the act of termination was acceptable if the female was with child under circumstances of rape, sexual incest, or if the fetus experienced abnormality in the womb. Due to this case, the services of abortion offered to women everywhere can be done in a safe and legal manner. Roe v. Wade was the precedent case that went on to affect similar contentions concerning abortion.
A constitutional right was established...
However, abortion under the umbrella of one's right to privacy is not entirely boundless since the state can assume responsibility in regards to the
mother and fetus. The limitation set by the court was the state has the
duty to look after the
health of the mother and the potential life once the second trimester of pregnancy is initiated. The Supreme Court has claimed the state can protect the life of an unborn fetus if it is viable to survive outside the womb. In addition, the state has the right to prohibit the act of termination once it is determined the potential life can live externally. However, such act is excluded when the woman's life is in peril because of the unborn child. Basically, the limitation of the ruling was that abortions are legal and acceptable as long as the potential life can't survive outside the womb, which is around the twenty four to twenty eight weeks.
These limitations are reasonably set because it protects and looks after both, the female and the unborn life. During the 1970s,
medicine was not as advanced as it is today, and the mortality rate due to abortion were much higher compared to now. Today, less than 0.3% of women who undergo the termination procedure experience complications, which is significantly lower than decades ago. Laws of limitations are set so the mother can't terminate pregnancy too late because the likelihood of death increases when the length of carrying the unborn child is elongated. Although it is a foggy and controversial area, I personally believe a fetus is a living thing when it can survive on its own, which is aligned with the Roe v. Wade outcome. I advocate the limitations because what a woman decides to do with her body is a…
