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Is Abortion Protected by the Constitution?

IS ABORTION PROTECTED BY THE CONSTITUTION?

Both sides of the abortion debate claim to be Constitutionally sound. This argument was true for the pro-choice movement in 1973. The U.S. Supreme Court reaffirmed the Constitutionality of the decision to terminate one’s pregnancy in Roe v. Wade. [12] But this right to have an abortion was not found to be without limitations. [12] The Supreme Court found that States were allowed to protect potential life by regulating or even banning theraputic abortions after the fetus reached the point in which life apart from the mother was possible. [12] When this point was reached the Supreme Court held that the mother’s right to an abortion was no longer a private matter. [12]

In the past, legal authorities have recognized the first noticeable movement of a fetus in the womb as a sign of its personhood. In Keeler v. The Superior Court of Amador County, Justice Burke quotes a scholar saying, “‘The common law itself prohibited abortion after quickening (movement in the womb) and hanging a pregnant felon after quickening, because the life of a second human being would thereby be taken.’” [15] Even in the early 19th century, England penalized abortions by pu


Sarah Brown was a fetus at 36 weeks gestation in 1993. [21] Her mother was a teenager whose parents opted to take her to George Tiller for one of his top notch late-term abortions. [23] Tiller injected a poison into Sarah’s head and told her mother to return the following day to complete her abortion. [23] The teenager did not make it back to Tiller’s office because serious abdominal pains caused her parents to hospitalize her. [23] Two days later, Sarah was born. [21] The hospital staff left Sarah alone to die, but she fought for so many hours that the staff decided to nurse her to life. [23] Sarah’s adopted mother described a child that although blind, develop rather normally at first. [21] “She had acute hearing, and was beginning to try to speak.” [21] But soon the brain damage from the poison caused Sarah to have a stroke. [21] She never fully recovered from the stroke and died at the age of five due to the harm done to her during the abortion. [23]

The abuse Sarah experienced during that attempted abortion is experienced by many other fetuses every day. Whether a successful or unsuccessful abortion takes place or a pregnant woman ingests alcohol or drugs, a potential life is being damaged. In America, we claim to respect future generations. We cringe at the thought of an innocent child being harmed by a parent. Why, then, have we chosen not to respect the same innocent life as it waits to be welcomed into this world?

After this Supreme Court ruling, many States began recognizing the responsibility Roe v. Wade had administered to them. In State v. Horne, the Supreme Court of South Carolina held that any future “action for homicide based on killing an unborn child may be maintained.” [8] Because the law could not be enforced retroactively, Horne simply got away with intentionally killing a baby in its mother’s womb. [8] South Carolina now recognizes viable fetuses as possible subjects to child abuse and sentenced a Malissa Crawley to five years after she bore a baby with cocaine-tainted blood in 1991. [4] South Carolina also found Cornelia Whitner guilty of substance abuse during pregnancy and sentenced her to eight years in prison. [4]

Abortion has been a controversial issue ever since its development, but the issue of its legality has always relied on a personal conviction about when a fetus becomes a human being and, therefore, gains its right

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Approximate Word count = 1624
Approximate Pages = 6 (250 words per page double spaced)


  

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