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Roe VS Wade and the Heartbeat Law: is it Legal to Prohibit Abortions in the US?

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“Respect me…respect women and their ability to make their own medical decisions,” [footnoteRef:1] stated Cindy Gross, who had an abortion during college in 2015 when the law banning abortion had not yet been adopted. At present, there is a conformity between the defenders of the so-called ‘right to life’ (pro-life) and the defenders of the ‘right to choose’ (pro-choice) in the United States. [footnoteRef:2] Americans are certain the United States is a country of personal freedom. It is this liberal principle that underlies many of the laws of leadership – laws that are most often completely incompatible with the concepts of honor, conscience, and humanity.[footnoteRef:3] US society is diverse. Among the A-list, it is represented by both the poorest blacks and various minorities, from feminists to same-sex families, each of whom has their own opinions on the abortion ban. This essay analyzes the legality of abortion prohibition in some US states. Laws “Roe vs. Wade” and the “Heartbeat Law”, the attitude of Democrats and Republicans towards abortion, and the influence of MeToo activists on abortion laws will be examined. Ultimately, the evidence will prove that the law banning abortion is illegal, people who are responsible for this law have no right to prevent women from making their own chose and their arguments for this law are not convincing.

Talking about this controversial topic it is necessary to stop at Law “Roe vs. Wade” and analyze it comprehensively. Jane Roe was (Norma McCorvey’s assumed name) a Texas resident of the late 1960s. During that time, it was not possible to end the pregnancy safely and legally, because Texas laws allowed abortion only in cases of rape and incest. McCorvey did not prove the fact of the rape. The question raised in Roe v. Wade was whether or not the Constitution deprives a woman to have her pregnancy terminated. The annual number of illegal abortions in the US in the 1950-1960s is estimated at 200 thousand – 1.2 million. Illegal abortions accounted for 17% of maternal deaths in 1965, and among non-white women in New York, this proportion reached 50%.[footnoteRef:4] All these facts increase the incidence of women’s rate and mortality. Lawyers, doctors, and priests made aware of all the negative consequences of criminal abortion and began to call for a law’s change. The increasing number of public organizations joined them, which convinced politicians to overhaul the law.

As a result, the decision gave a woman total autonomy over the pregnancy during the first trimester.[footnoteRef:5] Colorado was the first US state where abortion procedure became legal in 1967. Then by 1973, the Supreme Court has legalized abortion throughout the country.[footnoteRef:6] But now the Law “Roe vs. Wade” is being under attack. According to the Guttmacher Institute, which researches reproductive health and rights, in 2011 about 70 restrictions have been adopted in 14 states.[footnoteRef:7] The dominant idea of the “Heartbeat Law” is that after the fetal heartbeat can be detected, an abortion cannot be performed. But reproductive rights defenders insist on laws that prohibit abortion before many women get to know that they are pregnant constitute a complete ban on the procedure. In America, there is a confrontation between Republicans and Democrats. The issue of abortion for them today is one of the key issues on the agenda of both parties. But their opinions on this matter differ radically: Democrats are supporters of freedom of reproductive choice, and Republicans believe that life begins from the moment of conception. Opponents of abortion claim abortion restrictions are long overdue. “I am pro-life, and my ultimate goal is to overturn Roe vs Wade”, stated Carl Wimmer, a Republican representative in Utah. [footnoteRef:8] State Democratic officials claim the decision illegal because it violates a US Supreme Court ruling on human rights that legitimized abortion process in 1973.

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They suggest the law will be successfully challenged in court if the Sate Governor signs it. But some Republicans believe the main aim of enforcing such abortion prohibitions is precisely the desire for judicial review of these court decisions, which could reverse or change the precedent that was set in 1973. [footnoteRef:9]Even the countries of the first world, which cite as an example democratic, progressive and free countries, are not a guarantee of respect for human rights and freedoms. Radicalization, including religious, can occur in any society. The designation of two new judges to the Supreme Court by President Trump – Neil Gorsuch and Brett Cavanaugh – gave preponderance to the conservatives in the nine-seat chamber of the Supreme Court. They do not hide the fact that their goal is to review or reverse the decision of 1973 (then the decision, known as the “Row against Wade,” the US Supreme Court legalized abortion throughout the country [footnoteRef:10]. The initiators of the abortion ban, these are mainly Republicans, have their political motives for such decisions. For example, in Alabama, 63% of state believers are Protestants, together with Catholics they oppose artificial termination of pregnancy. Politico believes that the topic of abortion could be an important part of the 2020 election campaign when US presidential elections and midterm congressional elections will take place. [footnoteRef:11]Analyzing the issue of the legitimacy of abortion prohibitions, it is possible to observe the different society’s view on it is.

Many Hollywood representatives also spoke out against tightening abortion rules in Georgia. This US state is often chosen as the place for filming television series and movies. “Our reproductive rights are being erased. “Until women have legal control over our own bodies we just cannot risk pregnancy….”[footnoteRef:12], stated Alyssa Milano. The tweet has more than 38 thousand likes, it was retweeted 13 thousand times, writes ABC News, on May 11 entered the top 10 most popular topics on American twitter. [footnoteRef:13] In March, Milano, along with other actors (J.J. Abrams, Jordan Peele), signed an open letter to the Georgian authorities asking them not to pass a new abortion law. On Women’s Equality Day, which is usually celebrated on August 28 in the United States, activists of the women’s movement raised particularly acute problems for the US female population. The National Organization for Women, one of the oldest and most influential women’s non-governmental organizations in the United States, urged Americans: “We must be stronger than ever to enlighten and mobilize voters around key issues. We must not only elect a president who supports women’s rights; we need a lot more supporters – members of Congress to advance our cause’.

US women in the long fight have won and continue to defend their right to be politically and socially active segment of the US population.In 1916, Jeannette Rankin became the first American woman elected to the US Chamber of Representatives and ninety years later, in 2007, Nancy. Pelosi became the first American woman in the post of the Speaker of Chamber of Representatives.[footnoteRef:16] Once she found herself on the top of the American political power structure. She was the second person in the American political hierarchy. The data of the Gallup service shows American women pay attention to the same problems as men who react to them much more actively and fundamentally.[footnoteRef:17] American women are preoccupied with such struggles because they concern their lives and their health. Cindy Cross, who had an abortion in 2015, fought for her rights, just as Janet Rankin and Nancy Pelosi did in the early 20th century. The consequences of the abortion ban are clear – the growth of criminal and clandestine abortion. There will be doctors who will help women to end abortion. The criminalization of legal termination of pregnancy is completely unacceptable. Talking about the possibility of the reducing of the abortion number, the US administration should start abortion conducting educational conversations in schools and talking about contraception. Just at the stage of adolescence. The prohibition of abortion is a completely illegal law that must be fought against. If adopted throughout America, the number of abandoned children will increase, and the orphanage will be crowded. As a result, crime will increase.

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Roe VS Wade and the Heartbeat Law: is it Legal to Prohibit Abortions in the US? (2022, Jun 29). Edubirdie. Retrieved February 4, 2023, from https://edubirdie.com/examples/roe-vs-wade-and-the-heartbeat-law-is-it-legal-to-prohibit-abortions-in-the-us/
“Roe VS Wade and the Heartbeat Law: is it Legal to Prohibit Abortions in the US?” Edubirdie, 29 Jun. 2022, edubirdie.com/examples/roe-vs-wade-and-the-heartbeat-law-is-it-legal-to-prohibit-abortions-in-the-us/
Roe VS Wade and the Heartbeat Law: is it Legal to Prohibit Abortions in the US? [online]. Available at: <https://edubirdie.com/examples/roe-vs-wade-and-the-heartbeat-law-is-it-legal-to-prohibit-abortions-in-the-us/> [Accessed 4 Feb. 2023].
Roe VS Wade and the Heartbeat Law: is it Legal to Prohibit Abortions in the US? [Internet] Edubirdie. 2022 Jun 29 [cited 2023 Feb 4]. Available from: https://edubirdie.com/examples/roe-vs-wade-and-the-heartbeat-law-is-it-legal-to-prohibit-abortions-in-the-us/
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