History Of Abortion Laws | The Odyssey Online
Start writing a post

Everything You Need to Know About The History of Abortion Laws

What's this Roe v. Wade that everyone's talking about?

20
https://www.flickr.com/photos/number7cloud/32936173946/in/photolist-e33vwc-6Zsjwi-Sbsv33-ReDE4U-ReDDPL-ReDC6f-2bDTw8u-26JrdMQ-26NcoPM-PAgP4C-2akH3mg-MYejGe-e33vx4-e33vyB-qTAv5P-qBccRm-qRsyVC-e33vhn-TH9FYh-26Ncop8-CrkYF3-26Ncoqa-26Jrdv7-CQmvTv-DehCgJ-CQmByt-2akHcaP-2aCzTXd-2aCzBXY-2bDTmT7-LQotx8-26JrdGj-2akHkzz-2eJurVW-2akHkic-2akH2A8-26Jrdt3-DgziCp-CrsLRB-CrsJxi-CWHNmJ-DegxrA-CrrZHF-DegULu-CQm46c-CWJP3b-DgyLbg-26JrdtU-DegQSh-26JrdC1
Lorie Shaull

Listen, the more educated you are, the more equipped you are to argue with people over the internet.

So here it goes.


Roe v. Wade was the landmark decision that paved the federal opinion of abortion since 1973. This decision ruled that the Due Process clause of the Fourteenth Amendment of the United States Constitution, the right to privacy, protects a woman's right to choose an abortion without government interference. (Which is why anti-abortion legislation won't make it past the Supreme Court.) It was also decided that this right is not absolute, so the Supreme Court ruled that balances needed to be put in place to protect the government's interests in providing women's healthcare and protecting prenatal life. So the court ruled that the states should be granted regulations based on the trimesters of a woman's pregnancy:

  • During the first trimester, governments could not prohibit abortions at all.
  • During the second, governments could require reasonable health regulations.
  • During the third, abortions could be prohibited entirely as long as the laws provided exceptions for cases involving severe health risks to the mother.
The court ruled that a woman's right to choose an abortion is her "fundamental right," which requires any challenged abortion law to be evaluated under the straight scrutiny standard. This is the highest level of judicial review that results in a judge striking down a law unless the government can prove in court that the regulation is
  • Firstly, compelling to state interest.
  • Secondly, that it is narrowly tailored to achieving the state's compelling interest.
  • And thirdly, that the law uses the lease restrictive means to achieve its purpose.

This served as the primary ruling on abortion practices until 1992 when the Roe v. Wade ruling was first challenged by Planned Parenthood v. Casey. This case resulted in the court reaffirming Roe's holding that a woman's right to abort a nonviable fetus is constitutionally protected. However, this case did abolish the trimester scale and replaced it with a standard based on fetal viability—which is defined as the "potential to be able to live outside the mother's womb, albeit with artificial aid."

The court determined this to be at 23-24 weeks pregnant. This case also overturned the requirement that government regulations on abortion be subjected to the strict scrutiny standard, allowing states to govern abortion practices as they see fit. In its place, the court established the undue burden standard, which prohibits legislature that proves too burdensome of one's fundamental rights. These abortion standards are the ones that are upheld today.


Roe v. Wade has scarcely been challenged since, until the recent abortion legislation in states like Alabama, Georgia and Ohio.

Here's where my two cents come in. These new abortion laws are clearly against what the Supreme Court has already decided as "fundamental rights" according to the constitution. Therefore, these states are intentionally crafting these laws to gain the attention of the Supreme Court in the hopes of challenging the original Roe v. Wade decision. Though it's not likely the court will change their stance on abortion, states like Alabama, Georgia, and Ohio could prove successful in restricting abortion laws like in Planned Parenthood v. Casey. All in all, these states creating crazy abortion laws are doing so just for shock value.

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Lifestyle

The Great Christmas Movie Debate

"A Christmas Story" is the star on top of the tree.

573
The Great Christmas Movie Debate
Mental Floss

One staple of the Christmas season is sitting around the television watching a Christmas movie with family and friends. But of the seemingly hundreds of movies, which one is the star on the tree? Some share stories of Santa to children ("Santa Claus Is Coming to Town"), others want to spread the Christmas joy to adults ("It's a Wonderful Life"), and a select few are made to get laughs ("Elf"). All good movies, but merely ornaments on the Christmas tree of the best movies. What tops the tree is a movie that bridges the gap between these three movies, and makes it a great watch for anyone who chooses to watch it. Enter the timeless Christmas classic, "A Christmas Story." Created in 1983, this movie holds the tradition of capturing both young and old eyes for 24 straight hours on its Christmas Day marathon. It gets the most coverage out of all holiday movies, but the sheer amount of times it's on television does not make it the greatest. Why is it,
then? A Christmas Story does not try to tell the tale of a Christmas miracle or use Christmas magic to move the story. What it does do though is tell the real story of Christmas. It is relatable and brings out the unmatched excitement of children on Christmas in everyone who watches. Every one becomes a child again when they watch "A Christmas Story."

Keep Reading...Show less
student thinking about finals in library
StableDiffusion

As this semester wraps up, students can’t help but be stressed about finals. After all, our GPAs depends on these grades! What student isn’t worrying about their finals right now? It’s “goodbye social life, hello library” time from now until the end of finals week.

1. Finals are weeks away, I’m sure I’ll be ready for them when they come.

Keep Reading...Show less
Christmas tree
Librarian Lavender

It's the most wonderful time of the year! Christmas is one of my personal favorite holidays because of the Christmas traditions my family upholds generation after generation. After talking to a few of my friends at college, I realized that a lot of them don't really have "Christmas traditions" in their family, and I want to help change that. Here's a list of Christmas traditions that my family does, and anyone can incorporate into their family as well!

Keep Reading...Show less
Student Life

The 5 Phases Of Finals

May the odds be ever in your favor.

1982
Does anybody know how to study
Gurl.com

It’s here; that time of year when college students turn into preschoolers again. We cry for our mothers, eat everything in sight, and whine when we don’t get our way. It’s finals, the dreaded time of the semester when we all realize we should have been paying attention in class instead of literally doing anything else but that. Everyone has to take them, and yes, unfortunately, they are inevitable. But just because they are here and inevitable does not mean they’re peaches and cream and full of rainbows. Surviving them is a must, and the following five phases are a reality for all majors from business to art, nursing to history.

Keep Reading...Show less
Student Life

How To Prepare For The Library: Finals Edition

10 ways to prepare for finals week—beginning with getting to the library.

3245
How To Prepare For The Library: Finals Edition
Photo by Clay Banks on Unsplash

It’s that time of year again when college students live at the library all week, cramming for tests that they should have started studying for last month. Preparing to spend all day at the library takes much consideration and planning. Use these tips to help get you through the week while spending an excessive amount of time in a building that no one wants to be in.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments