FREE ESSAY ON SUPRE COURT ABORTION DECISIONS

SUPRE COURT ABORTION DECISIONS

Supreme Court Decisions That Greatly Impacted The Reproduction Rights Of Women
When talking about Supreme Court decisions that have greatly impacted the lives of women
it is very hard to settle on just five of the many cases that have been ruled in favor of
the rights of women. When discussing the topic of reproductive freedom and The Supreme
Courts rulings on these matters ten cases can and must be discussed in order to provide a
total overview and timeline of these historic rulings. The American Civil Liberties Union
has helped women breech the barriers of sexual repression, and has crusaded to help women
win these reproductive rights and knowledge over the years since its founding in the
repressed 1920's. In the decades following 1920 the ACLU has had an important role in
influencing The Supreme Court into handing down decisions that led to the right of
contraception, rights to abortion, the right to bear children, and the publication of
materials valuable in understanding human sexuality. All of these Supreme Court rulings
discussed lead to the valuable sexual and reproductive freedom we are experiencing in
today's society. We should be thankful and take a bow to the crusades of women's rights
groups such as the ACLU and their influences on The Supreme Court, and thus our daily and
social ties to society.
The first case I want to discuss involving the reproductive rights of women is Griswold v
Connecticut. In this landmark case the Supreme Court struck down a state prohibition
against the prescription, sale, or use of contraceptives, even for married couples. In
this case , the Court held that the Constitution guarantee's a "right to privacy" when
individuals make decisions about intimate, personal matters such as childbearing. In my
opinion this case is very important because it gives an option or a choice to a very
important issue. Without this right to choose single or married women would be placed in
unwanted positions. These positions being a high incidence of pregnancy (without
contraceptives and the choice to use them) and the stress and repercussions that would
follow without the ability for them to make this a personal choice.
Another major case I want to discuss decided by the Supreme Court was in 1971. The United
States v Vuitch was the first case about abortion to reach The Supreme Court. In United
States v. Vuitch, a doctor challenged the constitutionality of a District of Columbia law
permitting abortion only to preserve a womans life or health. The court rejected the
claim that the statute was unconstitutionality vague, concluding that "health" should be
understood to include considerations of psychological as well as physical well-being. The
court also held that the burden of proof should be on the prosecutor who brought charges,
not on the doctor. This case is very inportant in that it lead to the Roe v Wade decision
in coming years.
Eisenstadt v Baird gave the right of unmarried couples to obtain contraceptives. This
struck down a Massachusetts law limiting contraceptives to married couples. This case
again involves the issue of choice. Why shouldn't we as Americans be given a choice in
all matters? Even if it is the issue of birth control or even the larger issue of
abortion. I myself do not agree with the notion of abortion, however I do believe with
the idea of the right to choose. This is a case that gave men not only women the right to
choose for the sake of reproductive freedom.
The most important of all of these reproductive cases is the one that occurred in 1973.
Roe v Wade challenged a Texas law prohibiting all but lifesaving abortions. The Supreme
Court invalidated the law on the ground that the constitutional right to privacy holds
the right of a woman's decision whether or not to terminate her pregnancy .This law was
viewed by the court as being fundamental to a woman's life and future, and even her
pursuit of happiness. The court ruled that the state could not interfere with the
abortion decision of a woman unless it had compelling reason for regulation. The only
right the fetus now had was when it became viable, usually at the beginning of the last
trimester of pregnancy. And even at this stage the woman now had the right to abortion if
it were necessary to preserve her life or health.
The Supreme Court also heard the case of Doe v Bolton in which the Supreme Court
overturned a Georgia law regulating abortion. The law prohibited abortions except when
necessary to preserve a woman's life or health or in instances of abnormalities or rape.
The law also required that all abortions be performed in accredited hospitals and that a
hospital committee and two doctors including the woman's own doctor give approval. The
Court found this Georgia law unconstitutional because it imposed too many restrictions
and interfered with a woman's right to choose the termination of her pregnancy. As well
as Roe v Wade this case gave the woman the rights she deserved under the constitution of
the United States- the right to choose, and choosing on the topic of reproduction is
highly important because of the repercussions that it has on life and society.
Bigelow v Virginia was another important case concerning the issue of abortion. In this
case the Supreme Court ruled that states could not ban advertising by abortion clinics.
Such bans violate the First Amendments guarantees of freedom of speech and freedom of the
press. This gave the woman the right to know, and explore her options in the matter of
abortion.
In the landmark case of Bellotti v Baird the plaintiffs challenged a Massachusetts
statute requiring women under the age of 18 to obtain parental or judicial consent prior
to an abortion. The Supreme Court found this statute unconstitutional because it gave
either the parent or a judge absolute veto power over a minors abortion decision, no
matter how mature she was whether or not the abortion may be in her best interests. This
case gave all minors the right to approach the court for authorization to have an
abortion, without seeking the consent of their parents. These court proceeding must too
be kept confidential and carried out quickly.
In 1980 another case Harris v McRae, The Supreme Court rejected a challenge to the Hyde
Amendment, which banned the use of federal Medicaid funds for abortion except when the
woman would be endangered by carrying the pregnancy to term. Although this lawsuit was
unsuccessful it lead in recent years to many states overturning funding bans for
abortions. This gave lower class American women the right to choose without concern
dealing with moneys. This gave all American social classes in recent years the ability to
exercise their right to abortion.
In 1983 another case City of Akron v Akron Center for Reproductive health scored an
important victory, when the Supreme Court struck down all of the challenged provisions of
an Akron Ohio, ordinance restricting abortion .Under another ruling the court ruled the
city could not require minors under the age of 15 to obtain parental or judicial consent
for an abortion, require physicians to give women information designed to persuade them
from having abortions, impose a 24 hour waiting period after the signing of the consent
form, or require second trimester pregnancies be performed in a hospital. This case in
being related to Bellotti v Baird gave the women the right to choice disregarding age
social stutus and background. An important right in the freedom of choice for women.
In a more recent case in 1997 Schenck v Pro-Choice Network of Western New York, abortion
clinics got the right to hold a 15-foot buffer zone around people or vehichles leaving or
entering the clinics. This gave the female the right to go into an abortion clinic and
exercise her right to get an abortion, without the threat or worry from protestors.
All of these Supreme Court ruling's were important in shaping the reproductive rights of
women from the mid-1960's to present day. Roe v Wade is still the single most important
reproductive case for women to date, but as you can see with the other cases it is not
the only significant one. All of these 10 cases have helped to shape the reproductive
freedom that our society enjoys today, and it is our women's rights to exercise these
laws because we are Americans.