Roe V. Wade: The Regulation Of Abortion

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The Roe v. Wade case in 1970s redefined the abortion law of the States of America. The Court considered the criminal abortion law of Texas as a violation of U.S. citizens’ right of privacy protected by the 14th Amendment. Furthermore, it developed a strict trimester framework for the regulation of abortion. To do so, the Court examined the history of prohibitions on abortion and discovered that they were relatively recent development so that they could not refrain from constitutional review. Then, the Court decided that the unborn lacked federal constitutional protection because they were not included in the Constitution. Finally, the Court conclude that the "Fourteenth Amendment's concept of personal liberty and restrictions upon state action" …show more content…
‘With respect to the State's important and legitimate interest in potential life, the 'compelling' point is at viability. This is so because the fetus then presumably has the capability of meaningful life outside the mother's womb. State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother’” (Justia). Legalized abortion …show more content…
It should be allowed for the mental health of the assaulted women and their kids. If the a raped woman was forced to give birth to the kid of the rapist, the child could constantly remind her of the rape experience and cause serious psychological pain. Moreover, the kid is likely to be discriminated in his or her later life despite the fact that he or she had no fault being born. Allowing medical abortion in the rape or incest case prevents potential mental harm the raped women and their children will receive. In fact, even for Texas which once had criminal abortion statue, raped and incested women were the few exceptions allowed to undertake medical