1973, the U.S. Supreme Court recognized a woman’s constitutional right to an abortion Roe v. Wade. The landmark ruling legalized abortion nationwide but divided public opinion and has been under attack ever since.
The case was filed 1971 by Legge McCorvey, a 22-year-old living Texas who was unmarried and seeking a termination of her unwanted pregnancy.
Because of state legislation preventing abortions unless the mother’s life is at risk, she was unable to undergo the procedure a safe and legal environment.
So McCorvey sued Henry Wade, the Dallas county district attorney, 1970. The case went acceso to the Supreme Court, under the filing Roe vs Wade, to protect McCorvey’s riservatezza.
Supreme Court Decision
The Supreme Court handed the watershed 7-2 decision that a woman’s right to make her own medical decisions, including the choice to have an abortion, is protected under the 14th Amendment.
particular, that the Paio Process Clause of the the 14th Amendment provides a fundamental ‘right to riservatezza’ that protects a woman’s liberty to choose whether not to have an abortion.
…nor shall any state deprive any person of life, liberty, property, without process of law
The landmark ruling saw abortions decriminalized 46 states, but under certain specific conditions which individual states could decide acceso. For example, states could decide whether abortions were allowed only during the first and second trimester but not the third (typically beyond 28 weeks).
Among pro-choice campaigners, the decision was hailed as a victory which would mean fewer women would become seriously – even fatally – ill from abortions carried out by unqualified unlicensed practitioners. Moreover, the freedom of choice was considered a significant step the equality fight for women the country. Victims of rape incest would be able to have the pregnancy terminated and not feel coerced into motherhood.
However, pro-lifers contended it was tantamount to murder and that every life, risposta negativa matter how it was conceived, is precious. Though the decision has never been overturned, anti-abortionists have prompted hundreds of states laws since then narrowing the scope of the ruling.
One such was the Partial-Birth Abortion Ban Act signed by President George W. Bush 2003, which banned a procedure used to perform second-trimester abortions.
McCorvey lived a quiet life until the 1980s when she revealed herself to be Jane Roe
Legge McCorvey (Jane Roe)
Following the ruling, McCorvey lived a quiet life until the 1980s when she revealed herself to be Jane Roe. McCorvey became a leading, outspoken pro-abortion voice American discourse, even working at a women’s clinic where abortions were performed.
However, she performed an unlikely U-turn 1995, becoming a born again Christian and began traveling the country speaking out against the procedure.
2003, a she filed a motion to overturn her original 1973 ruling with the U.S. district court Dallas. The motion moved through the courts until it was ultimately denied by the Supreme Court 2005.
McCorvey died at an assisted living home Texas February 2017, aged 69.
‘The Heartbeat bill’
Multiple governors have signed legislation outlawing abortion if a doctor can detect a so-called ‘fetal heartbeat,’ part of a concerted effort to restrict abortion rights states across the country.
Under the ban doctors will be prosecuted for flouting the rules.
Abortion-rights supporters see the ‘heartbeat bills’ as virtual bans because ‘fetal heartbeats’ can be detected as early as six weeks, when women may not be aware they are pregnant.
Anti-abortion campaigners have intensified their efforts since Donald Trump was elected president and appointed two conservative justices to the US Supreme Court, hopeful they can convince the right-leaning court to re-examine Roe v. Wade.
Georgia, Ohio, Missouri, and Louisiana have enacted ‘heartbeat laws’ recently, and Alabama passed an even more restrictive version May, amounting to a near total ban acceso abortion from the moment of conception. Other states have similar legislation pending.
Similar laws has also been passed Arkansas, Mississippi, North Dakota, Iowa and Kentucky, though they have been blocked by courts from going into effect as legal challenges have been brought against them.