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Abortion has long been one of the most reliably contentious issues in American society. For five decades, a woman’s right to access an abortion has been upheld via Supreme Court ruling in the 1973 case of Roe V. Wade. Since that time, access to abortion has been reliably upheld time and again, year after year, by justices from both the “left” and the “right”, and despite the desire by some more conservative groups to overturn that decision, had largely been considered “settled” and “precedential”, as newly appointed Supreme Court justice Ketanji Brown Jackson stated during her nomination process. The reason for this assumption is because the U.S. legal system is built up the concept of precedent, or “stare decisis”, a Latin term which means to “stand on decided cases”. What this means is that U.S. courts, including the Supreme Court, is beholden to consider not only previous decision by the court, but also the length of time, and the number/veracity of those challenges over the years. As previously mentioned, Roe had been reaffirmed time and again by both liberal and conservative justices, but we now know that the court, driven largely by the new conservative majority within, has rendered an opinion that goes against previous precedent by citing that the original decision was arrived at via poor legal reasoning, and which has effectively overturned federal guarantees of the right to access an abortion at will.
The reasoning given for this massive shift is that abortion was not part of the American legal fabric created by the constitution, but rather by improper interpretations of the rights conferred by the constitution at the time that the case was first heard. It should be noted that the Supreme Court ruling does not mean that all access will be denied, it only means that individual states will be allowed to determine how wide to grant access and under what conditions. For some women in more liberal states, they will likely find themselves less affected personally, while women living in states like Texas, Oklahoma, Florida, etc. will see their access significantly curbed to the point where some would consider it to be nonexistent since the restrictions put into place often require the services to be sought out before a woman may even know that she’s pregnant, and also by not providing for exceptions on issues of rape, incest, or other medical conditions which would result in a nonviable birth but which may not be life-threatening to the woman. This landmark opinion by the court also reverberates beyond simply the issue of abortion itself, given that it was overturned on the basis that there is no tradition of this practice being part of the fabric of American life at the time the Constitution was written. What do you think about this issue and the court’s ruling that overturns Roe v. Wade, do you agree or disagree with it, and why?
Articles must use one
What We Keep Getting Wrong About Abortion Liberty requires restraints on government power.Kimberly WehleThe Atlantic
https://www.texastribune.org/2023/11/14/texas-abortion-laws-lawsuit/
Lubbock County becomes latest to approve “abortion travel ban” while Amarillo City Council balks
Lubbock is now the fourth, and largest, county to pass the ordinance which would punish people through civil lawsuits for aiding pregnant women seeking abortions outside of Texas.
Jayme Lozano Carver
The Texas Tribune
More women join a lawsuit challenging Texas’ abortion laws
Twenty women are challenging the state’s abortion laws, saying they were unable to get the health care they needed for their medically complex pregnancies.
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Discussion board posts should be a minimum of 500 words and typed in 12-point Times New Roman font and should include at least one outside source other than the lecture materials which you must cite in APA formatting at the end of your post. If articles are given for reading with the Discussion Board prompt, then you may use them as your required source material, provided that you cite the source used in your post. All posts should be typed in a Word document to ensure proper length.
