Introduction
The objective of anti-abortion activists is to overturn the Roe vs. Wade ruling. Based on the current radical activists and the rightwing Supreme Court, the anti-abortion campaigners are likely to succeed in their mission. The anti-abortion campaigns caused jittery among Alabamians and the Country at large after Governor Kay Ivey on May 15th, 2019 signed into law the Alabama Human Life Protection Act. According to the Alabama Governor and the supporters of the bill, the legislation is a powerful proof to the profoundly rooted belief of Alabamians that all lives are precious and is a consecrated gift from God.
The Alabamians passing into law the country's most restrictive abortion law
However, the activists rose to their feet on the rights of the American women to abortion following the Alabamians passing into law the country's most restrictive abortion law 1 . The law includes the survivors of sexual attack or any medical necessity less dreadful than instantaneous death or significant physical impairment or any serious anomalies that are not dangerous. The new law signed by the Republican Governor Key Ivy comes after a series of many other states including Kentucky, Ohio, Mississippi, and Georgia passing similar bans that restrict abortion. The passing of the restrictive abortion laws is viewed as an oblivious move by the US government to turn the 1973 United States Supreme Court's ruling on Roe v. Wade that sought to protect the right of women to abortion. But, Iowa and North Dakota have had similar restrictive abortion bills blocked by the courts. In Missouri, Louisiana, Tennessee and South Carolina, at least a chamber has passed the same laws while in Minnesota, Texas, West Virginia and Maryland politicians have introduced different similar measures 2 . The government's implementation of the Pain-Capable Unborn Child Protection Act, introduced by Senator Lindsey Graham also directly violates Roe on the national ban on abortion.
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The violation of the Roe v. Wade
All of the bans are unconstitutional and directly violates the Roe v. Wade, which warrants American females the right to end their pregnancies. Thus, there is need to strike down the bans by the courts as it is an approach for the Republican politicians to introduce their bait to their base since they are unlikely to throw women in jail for conducting abortion but they can claim they made an effort. But, most importantly, the bans are emerging due to the emboldened anti-abortion movement. The White House is viewed as having a friend that controls over a great number of state legislatures. After Republicans blocked former President Obama from appointing a Supreme Court justice to the seat vacated by Justice Antonin Scalia, President Trump managed to choose two Supreme Court justices and who he believed have the will to overturn Roe v. Wade decision 3 . For many years, the anti-abortion movement has developed progressively. In 1992, the Supreme Court had the chance to upend Roe v. Wade ruling in Planned Parenthood v. Casey 4 . Even though the Supreme Court did not manage, the opened the door for restrictions on abortion by allowing states to limit the procedure so long as the limitations had an undue burden on the women's right to end a pregnancy before the fetus is viable.
Conflicts between the pro-abortion and anti-abortion groups
At the moment, whereas the Alabama law is extreme and a sign of how far the opponents of anti-abortion are willing to take abortion issues when they are in power, nothing has changed much neither will anything change anytime soon. The series of the heartbeat bans have passed before the anti-abortion movement and the ban on abortion in Alabama will never be effective as long as Roe v. Wade still remains the law of the land. Even though states such as Georgia and Ohio, have effectively implemented their fetal heartbeat bill, and abortion is punishable the bill infringes on the rights of women since most women will not know that they are pregnant by the time six weeks elapse 5 . The technology method employed to detect the heart also varies which may cause delay to detect the heartbeat of the fetus within the six weeks timeframe. As a result of Roe's precedent, no state can ban abortion absolutely before the point of viability, which is the time when the fetus is conceived to survive outside the womb with medical life support. The time is perceived as being almost 24 weeks gestation period. The State nor Federal Court has never upheld banning abortion in the first trimester irrespective of the attempts in Iowa, Mississippi, Arkansas, Kentucky, and North Dakota. The laws remain enjoined and abortion remains a legal issue in those states irrespective of some appeals, which continue to address their grievances through the lawful way.
Conclusion
Whereas pro-choice advocates discuss the reversal of Roe from time to time as a disastrous scenario, there is an opportunity that the Supreme Court decides not to overturn Roe at all but still produces devastating outcomes. Thus, the creation of heartbeat laws comes to play. According to the state of Mississippi, heartbeat should be considered a new way to declare if the fetus or an embryo is viable as opposed to the survival outside the womb. Rather than the vague and often shifting perception of viability, detection of a fetal heartbeat is an independent milestone and an extreme demonstration of the probability that a fetus will survive until birth. In reconsideration, banning abortion remains unconstitutional and violates the rights of women. Whereas the government of the United States is actively pushing for a national ban on abortion, the rights of American women are at stake. The government, therefore, must consider granting women their right to abortion.
Bibliography
Families, National Partnership for Women. "A Nationwide Ban on Abortion: Unconstitutional and Dangerous." National Partnership for Women & Families. Last modified January 2018. http://www.nationalpartnership.org/our-work/resources/repro/abortion/nationwide-ban-on-abortion-at-20-weeks-unconstitutional-and-dangerous.pdf.
Feller, Madison. "Judges Have Already Called This Abortion Law Unconstitutional. So Why Are States Trying to Pass It?" ELLE. Last modified May 7, 2019. https://www.elle.com/culture/career-politics/a26836112/fetal-heartbeat-abortion-bills.
Hutzler, Alexandra. "Is Georgia's 'heartbeat' Bill Legal? Controversial Law Bans Abortions Before Many Women Know They're Pregnant." Newsweek. Last modified May 7, 2019. https://www.newsweek.com/georgia-heartbeat-abortion-law-court-challenges-1418348.
Jarvie, Jenny. "Conservative States Enact Abortion Bans in Hope of Overturning Roe Vs. Wade." Latimes.com. Last modified May 12, 2019. https://www.latimes.com/nation/la-na-abortion-bans-states-roe-wade-supreme-court-20190511-story.html.
Marty, Robin. “Alabama's Abortion Law Won't Change Anything- But Only Because the Reality Was Already Bad.” Time USA, LLC. Last modified May 16, 2019. https://time.com/5590420/alabama-abortion-law-roe/
1 Robin Marty, “Alabama's Abortion Law Won't Change Anything- But Only Because the Reality Was Already Bad,” Time USA, LLC, Last modified May 16, 2019, https://time.com/5590420/alabama-abortion-law-roe/
2 Madison Feller, "Judges Have Already Called This Abortion Law Unconstitutional. So Why Are States Trying to Pass It?" ELLE. Last modified May 7, 2019, https://www.elle.com/culture/career-politics/a26836112/fetal-heartbeat-abortion-bills.
3 Jenny Jarvie, "Conservative States Enact Abortion Bans in Hope of Overturning Roe vs. Wade," Latimes.com, Last modified May 12, 2019. https://www.latimes.com/nation/la-na-abortion-bans-states-roe-wade-supreme-court-20190511-story.html.
4 Families, National Partnership for Women, "A Nationwide Ban on Abortion: Unconstitutional and Dangerous," National Partnership for Women & Families, Last modified January 2018, http://www.nationalpartnership.org/our-work/resources/repro/abortion/nationwide-ban-on-abortion-at-20-weeks-unconstitutional-and-dangerous.pdf.
5 Alexandra Hutzler, "Is Georgia's 'heartbeat' Bill Legal? Controversial Law Bans Abortions before Many Women Know They're Pregnant," Newsweek, Last modified May 7, 2019, https://www.newsweek.com/georgia-heartbeat-abortion-law-court-challenges-1418348.
