Abortion Legal Case Study

Improved Essays
As the Constitution has laid out for us, the Supreme Court is the highest judicial power, and has the ultimate say over “all cases in law and equality, arising under the Constitution, and the laws of the United States” (The Constitution of the United States, article III section 2). This authority allowed the Supreme Court to make the decision to legalize abortions (Wikipedia.org, paragraph 1). This decision came from the ruling of Roe v. Wade and Doe v. Bolton cases in 1973 (Wikipedia.org, paragraph 1). The court established that having an abortion is a woman’s right to privacy under the 14th Amendment of the Constitution, but it left it up to the states to regulate abortion procedures (Wikipedia.org, paragraph 1).
In Texas the duty of establishing abortion laws is part of the legislative branch (Texas Legislature, Wikipedia.org, 2015). The legislative branch consists of the Lieutenant Governor, Senate, and the House (Texas Legislature, Wikipedia.org, 2015). Not only does this branch set abortion laws but it has a large impact on laws in the state as a whole. The abortion laws are implemented and enforced by the Texas Department of State Health Services (Plannedparenthood.org, 2015).
Since the establishment of the legitimacy of
…show more content…
The “Women’s Right to Know Act” is a required service that is accompanied with the ultrasound visit. The act requires a physician to advise the woman about adoption options, risk of abortions, and developmental stages of the fetus (Plannedparenthood.org, 2015). Teens under eighteen are required to have written permission by a parent or guardian if they are unmarried to receive an abortion (Plannedparenthood.org, 2015). There are some circumstances that an exception can be made, such as, if they minor is emancipated, receive permission from a judge, in a medical emergency (Plannedparenthood.org,

Related Documents

  • Superior Essays

    Roe Vs Wade Research Paper

    • 1275 Words
    • 6 Pages

    Wade decision, both pro-choice and pro-life politicians rushed to pass legislation benefiting their specific cause. A majority of state legislators wanted abortion restrictions, and it was only in minority states such as New York that government officials fought to make abortion more accessible. The two sides finally defined what they were fighting for: the pro-choice movement was fighting to preserve the already law of Roe v. Wade while the pro-life movement was challenging it. States such as Pennsylvania, that passed four Abortion Control Acts, setting restrictions which included a physician consultation, spousal consent, and the consent of a parent or legal guardian if the patient was under the age of eighteen. Pennsylvania was not alone in this as Missouri passed an act almost identical to that of Pennsylvania.…

    • 1275 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    In which the investigation highlighted 12 women who suffered fatal infections or bled to death after an abortion procedure and dozens more who were seriously affected. After the Roe v. Wade decision in 1973 there are increased of unregulated abortion services outside hospitals. Does a state have the constitutional authority to license, regulate and set standards for ASTCs that performed abortions? State argued that licensing regulations were necessary to protect the health and safety of women obtaining abortions at these…

    • 553 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    The court had decided that up till the first trimester of pregnancy, the decision of abortion would be left to the sole judgment of a certified doctor. Furthermore, during the second trimester of a pregnancy, the state should show interest in promoting the health of the mother. And during the third trimester, the state may step in to protect human life by stepping in to intervene in an abortion all together, except in an instance when the health of the mother is deemed at risk.…

    • 324 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    According to the court cases, undue burden means when the State tries to block the mother’s path from seeking an abortion. What actually makes something an undue burden is when the women have limited choices towards seeking an abortion and cannot abort the fetus after the 2nd or 3rd trimester. In the court case of Roe versus Wade the mother’s right goes down and the state’s interest goes up because the state has the right to protect life and prohibit abortion. If a woman wants an abortion she has to consult her doctor, whether she can or cannot, it’s mitigated. The court case of planned parenthood versus Casey counted the spousal notification as an undue burden because if the mother wants to undergo an abortion, then she has to get a consent…

    • 249 Words
    • 1 Pages
    Improved Essays
  • Great Essays

    In the 1973 ruling in Roe v. Wade, courts ruled that state laws limiting abortion to rape and life threatening complications, was unconstitutional and violated women’s liberties. However, states were allowed to restrict abortions once the fetus reached the point of viability. This decision was justified based on idea that states were preserving the life of an unborn child, which led fetal rights. Currently, many states have the right to enact laws to amend homicide statutes to include fetuses, define fetus as human being; and permit civil law suits for causing harm to a fetus (LSRJ, 2009). Many argue that these rights infringe on the liberties of women.…

    • 1144 Words
    • 5 Pages
    Great Essays
  • Great Essays

    Any state that had any prior laws against abortion was automatically overturned by the Supreme Court’s new law. No law should even be coming from the Supreme Court especially one that goes against so many state’s beliefs. The most contemporary issue within the government that exhibits the blatant contravention of the Federalist Papers is seen in an upcoming case that will hit the Supreme Court on April 28th. The court will review a combination of four cases concerning same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee. Ultimately the decision that is anticipated is whether the Supreme Court will create a law enforcing every state to recognize same-sex marriage.…

    • 1523 Words
    • 7 Pages
    Great Essays
  • Superior Essays

    Abortion Legal Case Study

    • 1195 Words
    • 5 Pages

    Abortion Abortion became a primary issue with the court case Roe v. Wade when a decision was made by the Supreme Court in 1973 regarding the subject. The courts later changed certain parts of their decision with the court case Planned Parenthood of Southeastern Pennsylvania v. Casey in 1992. The cases fought over the rights to receive an abortion and argued the right to do so through means of the Due Process clause of the 14th amendment and the Right to Privacy implied in previous cases. While some argued that it didn’t follow history or traditions the verdict ended, with a very close vote, with the right to abortion being allowed under specific circumstances.…

    • 1195 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Roe Vs Wade Case

    • 1149 Words
    • 5 Pages

    The primary argument challenging the Texas abortion laws is that it violated the Fourteenth Amendment mandating equal protection of the laws and the guarantee of personal liberty. And although the right to life is even argued today to preserve the fetus and disallow abortions the…

    • 1149 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Supreme Court declared the Texas anti-abortion laws unconstitutional under the Fourteenth Amendment, which therefore extended a person's right to privacy in choosing whether or not to have an…

    • 1353 Words
    • 6 Pages
    Improved Essays
  • Decent Essays

    The 14th Amendment to the Constitution was ratified on July 9, 1868 and provided citizenship to “all persons born or naturalized in the United States,” which notably included former slaves. It also grants every citizen equal protection of the laws and has had an extensive role in the progression of our society by being referenced in many court cases. First of all, the case Brown v. Board of Education (1954) ruled that segregation of public schools violated the 14th Amendment (Constitution Daily). Before in the case Plessy v. Ferguson (1896), it was determined that segregation did not violate the 14th Amendment because the separate facilities were “equal” (Constitution Daily). Another case, Regents of the University of California v. Bakke (1978) ruled that the University of California Medical School’s use of strict racial quotas was unconstitutional (Constitution Daily).…

    • 273 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    bortion has been debated before the Roe v. Wade ruling; it has been a debate throughout history. Abortion is “...a procedure performed to end a pregnancy before birth occurs.” The procedure is dependant on the women’s “...choice, health, and how long she has been pregnant… [and] the legality of the procedure.” There are two methods of abortion performed: medical abortion and surgical abortion. A medical abortion is a procedure where drugs such as mifepristone and misoprostol are used in order to end a pregnancy.…

    • 772 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Should Women Have the Right to Abortion ? The topic of abortion is a controversial issue that is yet to resolve. In 1973, the Supreme Court case Roe v. Wade established abortion rights in the constitution that extended woman’s decision on abortion within months of pregnancy until viability of the fetus.…

    • 1311 Words
    • 6 Pages
    Great Essays
  • Great Essays

    In order to understand how the Texas government and the United States Federal Government interact with each other, it is necessary to understand the concept of federalism. Federalism is, by definition, the process of two or more governments controlling the same geographical area. The United States of America is an excellent example of federalism considering it has one centralized government sharing power with fifty different governing bodies at the state level, which are then broken down into local governments. Because of its population and magnitude, Texas specifically, exemplifies a successful federalist system. Ruled by the U.S. Constitution, the United States breaks down the government into a separation of powers.…

    • 1410 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    I.Introduction The topic of abortion is currently one of the most controversial issues. The 1973 supreme court ruling of Roe v. Wade allowed for women to legally obtain abortions throughout their entire pregnancy, however, conditions were put into place that allowed for states to regulate abortions during the second and third trimesters of pregnancy. The right to have an abortion is protected under the constitution’s 14th amendment which protects the basic rights of citizens. This ruling has left our country divided in half by those who are for and against abortion. Those who oppose Roe v. Wade are referred to as pro-life and those in agreement are pro-choice.…

    • 712 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Anti-Abortion Case Study

    • 192 Words
    • 1 Pages

    A review of a substantial number of cases, along with interviews with female youth, reveals that in most states, obtaining a judge's approval to get an abortion poses a significant struggle for the female youth (Medoff, 2010). For example, in 2013, the Nebraska Supreme Court denied an abortion to a young woman, ruling that she was not adult enough to have an abortion (Colman, & Joyce, 2009).The American Civil Liberties Union (ACLU) explains many teens are too affraid of going to court, and talking to a judge to make this a real alternative (Laws Restricting Teenagers, n.d.). For many youth females, going to court puts at risk their privacy as well. For example, in Minnesota, anti-abortion activists sat in the hallways of the courthouse, and…

    • 192 Words
    • 1 Pages
    Decent Essays