U.S. federal policy on abortion United States Federal Policy on Abortion In understanding the workings of the United States federal government, it is critical to have an understanding of the policies that is being implemented at the federal, state, and local levels. Federalism and principles of equality and democracy would be best 'tested' by studying...
U.S. federal policy on abortion United States Federal Policy on Abortion In understanding the workings of the United States federal government, it is critical to have an understanding of the policies that is being implemented at the federal, state, and local levels. Federalism and principles of equality and democracy would be best 'tested' by studying how policies approved and implemented are aligned to the U.S. Constitution. Interestingly, one of the best gauges of a policy's alignment to the vision of the U.S.
Constitution is through the Tenth Amendment or Amendment X of the U.S. Constitution, which states that "[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The Tenth Amendment is significant to the discussion of the federal government's policy on healthcare, specifically abortion.
Looking at the history of federal, state, and local policies on abortion, it can be said that historically, government policies on abortion have not been favorable to women who needed to undergo abortion as a preventive service. Five years ago, at the federal policy level, abortion is banned and even "criminalizes" it for women in their second trimester of pregnancy (Planned Parenthood, 2012). This policy, upheld by the U.S.
Supreme Court, reflects a direct discord to the Tenth Amendment, and puts the framework and principle of federalism and human rights into question. Putting a ban and even criminalizing commitment and engagement of abortion services, despite it being a preventive and healthcare service to women, denies women of their basic human right to decide for their own welfare, in terms of health and life choices and options.
At the state level, during the same period (five years ago), while abortion services are not banned and engagement in it during the second trimester of pregnancy is not considered a criminal act, the non-existent or very weak support from politicians and legislators demonstrate how federal policy is inevitably linked with politics. While abortion is not banned, it is not encouraged either.
Its lack of acknowledgment at the state and local policy level demonstrates the lack of priority or evasion of the government to acknowledge abortion as a healthcare service that must be stated specifically as a subsidized service by the federal government. Interestingly, with the approval and passage of the Affordable Care Act (or "Obamacare"), federal policy on abortion remains vague if not directly banned or discouraged.
While abortion is not explicitly stated as a health service that will be subsidized under this new healthcare law, it is contended that abortion services and its funding are "always included unless it's explicitly excluded" (O'Neil, 2012). Thus, women can avail of abortion services as a healthcare and preventive service subsidized by the federal government and covered in health insurance plans. This new development in the federal policy on abortion is a step forward to directly acknowledging and confronting the legislative status of abortion policy in the country.
While Obamacare could be considered being responsive to this healthcare service need of women, other interventions at the national and even international level needs to be scrutinized, as U.S. policy on reproductive health.
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