This paper discusses the situation of the 1973 Supreme Court case of Roe V. Wade, 410 U.S. 113. It analyses the case from the perspective of the definition of human life, and if it has changes since the ruling of the case was made. It also looks at ways in which technology has given rise to some new debates on the subject matter of abortion. It is very appalling to note that since the ruling of the case way back in 1973, the United States experienced increases in rates of abortion that had never been seen before. A look at the situation in the country shows that the United States has been recording an average of 120,000 abortions on an annual basis ever since the case (Anderi & Ion, 2014). Important to note is that the mentioned figure is only for the cases that were reported, of course, many other instances of abortion were not reported. In fact, the CDC estimates that the country has not less than one million abortions every year. One could argue that the value of life in the civilized American society is incongruous on the basis of the subject matter of abortion. It is well understood that the capitalist society of America hardly promotes conformation.
The subject matter implores people to draw a line between what is considered as humane and that which are inhumane. Undeniably, the Supreme Court case posed as a very controversial one in the history of the United States, a landmark case with regards to the rights of women in the country. In actuality, the ruling of the case allowed women to carry out an abortion during the first six months of pregnancy. It hence offers the women a choice of whether to bear a child or not. Jane Roe was a 21-year-old unmarried woman that was pregnant. She sought to challenge the Texas criminal abortion laws on the basis of their constitutionality. Wade, on the other hand, was the attorney general at the time and he was determined to defend the state laws. The ruling at the state level was in favor of the state laws, making Roe to appeal the case to the United States Supreme Court. The Supreme Court ruled that the right to privacy that Americans enjoyed allowed women to decide if they should have children or not and that the women together with doctors could make the decision without any form of interference from the state. The ruling implied that it was in fact illegal for courts to prosecute, or even file a case of a woman that endeavors or carried out an abortion; not unless the process had been prohibited by a medical doctor (Garrow, 2015).
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The Roe Vs. Wade case offers a definition of what abortion is, what it entails, who should conduct it, when it should be done and the persons that can carry out the process. Abortion means “termination of pregnancy and expulsion of an embryo or of a fetus that is incapable of survival.” It turns out that debates on the subject matter seem to be more complex than the simple definition of abortion given above. People have been implored to evaluate the issue on the basis of value of human life. It turns out that the given definition of abortion poses as a statement that is open for interpretation. Those that are against abortion make claim that the process involves murder of a helpless human being. Those that support practice of abortion on the other hand claim that a woman bears the right of deciding whether she is capable of bringing up a child in accordance with the circumstances of her life at the time of conception or forecast of the future (Kastellec, 2016). The supporters argue that a person’s actions need not to be forced by the forces of nature.
At the time of the case of Roe Vs Wade, and according to information from the proceedings, “Texas state laws had stated clearly that under no condition shall any pregnant woman attempt to carry out abortion except if her life is in danger”. Many states in the United States did not also allow for legal abortions. A good number of women were of the opinion that the law violated their rights of choice. The resultant effect was that many women opted to conduct illegal abortions for purposes of getting rid of unwanted children. Such even more gives a lot of significance to the issue of value of human life.
Justice Harry Blackmun, in the course of offering his extensive opinion in the case of Roe vs. Wade indicated, “We need not resolve the question of when life begins” (Garrow, 2015). The statement by the judge, as an official of the government, is but a clear indication of disregard for valuing human life. In fact, the few words of the judge literally led to the ending of life of many unborn babies in the country, denying them a chance to experience life. A keen look at the situation shows that denying the truth about when the human life begins ought not to be the basis for legalizing abortion in a country.
During the 1970s, there were reports of severe actions by people who were against permitting practices of abortion. The fact that there is federal state funding for activities of abortion in medical centers is even more worrying. Other than conducting demonstrations, people reached extents of vandalizing and blocking access to clinics that conducted abortions. The extent or the reactions from the people even made those who supported the ruling to consider reversing it. It seemed indecorous to the people and a section of politicians as well, that the lives of many unborn babies in the country were at risk of being destroyed by mere decision-making of women that were unprepared to be their mothers. Nonetheless, and with the passing of time, the level of anti-abortion initiatives reduced progressively (Kastellec, 2016).
Then again, and on the basis on value of human life, it is important to remember that acts of abortion also endanger the life of the mother. There have been many records of women who lost their lives while they tried to carry out abortions. Even so, there are many arguments that modern technology has brought about ways of ensuring the woman’s life is not in jeopardy during processed of abortion. Some people that have been against abortion in the United States have engaged in action of disrupting activities in medical centers that carry out the practice. They have carried out series of demonstrations in vicinities of abortion clinics over the years. Such actions show that there is a sense of instinct among a portion of members of human societies that the act of abortion per se, is improper and is a sign of devaluing human life. Indeed, one is left to wonder how the right to conduct an abortion falls within right to privacy. It is important to understand that the processes of formation of new life of a human being are a natural process and has nothing to do with someone’s privacy (Kastellec, 2016).
After the case ruling by the Supreme Court in 1973 there have been many effects on the American society in relation to the subject of value of human life and abortion. Supporters of legal abortion are adamant that human life begins at birth. Still, the same people comprehend that an unborn baby is a living being, a human being in the process of development, waiting to achieve capacity of surviving in the environment of the world (Kastellec, 2016).
The supporters, from another perspective, believe that they are rational in the sense of discouraging bearing of unwanted children, who end up living difficult lives with little or no motherly love. Others observe abortion as being meaningful on the lines of thought that pregnancy-related deaths and injuries are reduced owing to the processes of terminating pregnancy. Some have argued in support of abortion BASED on claims of failure of contraceptives, impairment of the health of a woman, unpreparedness for parenthood (Kastellec, 2016).
A look at science shows that human life is formed or rather begins when chromosomes from a male and a female pair. During that moment of fertilization, the sex of the child is determined and the hereditary characteristics from the parents are instilled on the new being that starts to develop from that moment on. Furthermore, the heart starts to beat only after eighteen days once fertilization has taken place. Forty days after fertilization, science investigations have shown evidence of brain wave activity. The body systems then start to take form after eight weeks and they begin to work after a period of eleven weeks. By means of technological advances, premature babies born anywhere between 20 to 24 weeks before the required gestation period are able to survive, grow and develop to become fully developed human beings. It is therefore inexcusable to say that unborn babies do not qualify to be regarded as human beings (Kastellec, 2016). Reproductive technology has also developed to a level where fertilized embryos can be kept and taken care of in cryogenic centers; they are maintained for substantial periods in liquid nitrogen.
Conclusion
The subject matter of abortion is one that is sensitive and full of emotions and controversy. Even in current times, there are still many opposing views on the matter among peoples of different groups like politicians, religious leaders, physicians and members of the public. At the end of the day, it all comes down to one’s values, attitude, experiences, exposure and philosophy of life about human existence among other things. Overall, it is important to note that the 1973 Supreme Court case of Roe vs, Wade will be remembered as a landmark case, perhaps as the most famed court case in the history of the United States. It not only reflects the attitudes towards abortion in the country but also the position of the United States government in relation to value of human life.
References
Andrei, G., & Ion, A. (2014). The value of human life and the attitude towards abortion. Dialogo , 1 (1), 137-140.
Garrow, D. J. (2015). Liberty and sexuality: The right to privacy and the making of Roe v. Wade . Open Road Media.
Kastellec, J. P. (2016). Empirically Evaluating the Countermajoritarian Difficulty: Public Opinion, State Policy, and Judicial Review before Roe v. Wade. Journal of Law and Courts , 4 (1), 1-42.
Kaczor, C. (2014). The ethics of abortion: Women’s rights, human life, and the question of justice . Routledge.
