By: Tyler Bradham
Historical Context:
Since the creation of the United States, abortion has been a topic of discussion. From the colonial days until the mid-1800s abortion was completely legal and was a regular part of life for some women. The first law against abortion outlawed it after a period that they referred to as “quickening” which was a term for fetal movement that primarily occurs about four months into a pregnancy. The idea of the outlaw of abortion was and is still to a certain point deeply rooted in white supremacy and the patriarchy. In the beginning days of the United States, abortion was allowed but regulated for white women, but black enslaved women were outlawed from having abortions because their owners had control over what they were allowed to do with their bodies. In the period of the civil war, many white male doctors with backing from the Catholic church, wanted to control women’s bodies and completely outlaw abortion. By 1910, abortion was completely outlawed. The discussion around the topic of abortion continued until the 1960s when individual states began to pass their own laws regarding the legality of abortion. (Planned) This all led up to the passing of Roe v. Wade in 1973, and the overturning of that decision in 2022. The debate about abortion has always been rooted in patriarchy and men having control over women’s bodies. The history of the event reveals that the intense ban did not come about until the Civil War period in which white supremacist and patriarchal men chose to begin the journey and movement that is now referred to as “pro-life”.
“A Timeline of Abortion and Mainstream Medicine | ANSIRH.” n.d. Www.ansirh.org. https://www.ansirh.org/research/infographic/timeline-abortion-and-mainstream-medicine.
Roe v. Wade Decision and overruling:
The debate about a woman’s right to abortion has been argued for decades. People argue both sides, some wondering if the government should be given control over a woman’s body while others question the morality of killing a potential life. Roe v. Wade was a revolutionary court ruling that was passed in 1973 that granted federal constitutional right to abortion. The case was between a woman nicknamed “Jane Roe” and Henry Wade, the district attorney for Dallas County in Texas. Wade denied Roe of an abortion because the pregnancy was not a threat to her life. (“Roe v. Wade: Behind the Case That Established the Legal Right to Abortion”) In Texas, at this point, abortion was a crime unless the pregnancy was a threat to the women’s livelihood. In addition to Texas, 43 other states also outlawed abortion with some exceptions in the instance of danger to life of the mother, rape, incest, or fetal anomaly. Overall, women at the time had a hard time finding legal and safe abortions and many like “Jane Roe” felt that this was unfair. The case’s outcome resulted in a win for Roe that said the 14th amendment protected a woman’s right to choose to end their pregnancy prior to viability. Viability is a term that refers to a fetus that may survive on its own outside of the womb.This typically occurs at around 24-28 weeks. The ruling stated that a woman’s right to an abortion fell within the Due Process clause of the 14th amendment that addresses a citizen’s right to privacy. (Oyez)
In this time period, the debate was not one that involved political parties or religious affiliation. In fact, many catholics moved for the decriminalization of abortion. Republicans campaigning for Richard Nixon were those that tried to draw catholics and social conservatives away from the Democratic party. The post-Roe period shows that this was a large part of the shaping of the political conflict over Roe v. Wade(Greenhouse). In June of 2022, this ruling was overturned. The ruling meant that a woman’s constitutional right to an abortion that lasted for half of a decade no longer existed. Since then, states have begun to make rulings about the specific abortion laws. There are 14 states that have ruled abortion to be completely against the law at any point during the pregnancy with very limited exceptions.(Julia) Even so, pro-life and pro-choice agencies and organizations both argue for either total ban or total legalization. Today, in 2024, a woman in Georgia has six weeks until an abortion is illegal, a time period in which most women will not even know that they are pregnant, and which is punishable by jail time. (“Where can I get an abortion?”) Throughout the past couple of years, states have begun to have cases for abortion in which there are rulings made establishing a state’s status on abortion. Florida just recently passed a six-week ban that will go into effect very soon. Other states have continued to have cases brought up that argue both for and against abortion. There are four ongoing cases that address abortion. Two in Ohio, one in Kentucky, and one in Alabama. (Julia)
KFF. 2022. “Https://Www.kff.org/Womens-Health-Policy/Dashboard/Abortion-In-The-u-s-Dashboard/.” KFF. July 12, 2022. https://www.kff.org/womens-health-policy/dashboard/abortion-in-the-u-s-dashboard/.
Abortion and the election:
The recent election has begun to introduce more conflict in the battle for the right to abortion. Because the topic has been highly politicized, the candidates from both political parties have begun to make statements on their position on abortion rights. Trump released a video through social media that infuriated both sides of the debate. He claimed pride for being the person responsible for the nationwide ban of abortion and reiterated that he believed the right thing was to place the decision with the state, contending that it was then up to the state to “do the right thing”(Knowles). He did however emphasize that states should decide their position on abortion as long as there are exceptions for rape, incest, or the life of the mother. Many anti-abortion groups are upset with Trump’s statement as it continues to keep the decision in the states hands where the groups want a total ban across the country. Many people have said that Trump’s statement lets down the pro-life voters that have supported him through the past two elections (Paul). Biden has also come out with a statement supporting the national mandate of the legalization of abortion. In January, He signed an executive order expanding access to contraception, abortion medication, and emergency abortions. He denounced republican lawmakers that were considering punishing people who travel out of state to receive an abortion and in one state threatening to prosecute people who help family members travel for that reason. He said that these extreme laws had no place in American society. (Wang) Biden, though, does not believe in full-term abortion which has upset many of his pro-life supporters because they hope for a full legalization no matter the length of the pregnancy. He said that he believes Roe v. Wade got it right the first time when they legalized it until viability. (Morris) The election will be a deciding factor in the status of abortion throughout the United States. The candidate’s position on the subject will also be a deciding factor in who takes over the presidency in January of 2025.
Palosky, Craig. 2022. “Analysis Reveals How Abortion Boosted Democratic Candidates in Tuesday’s Midterm Election.” KFF. November 11, 2022. https://www.kff.org/other/press-release/analysis-reveals-how-abortion-boosted-democratic-candidates-in-tuesdays-midterm-election/.
Works Cited
GREENHOUSE, LINDA, and REVA B. SIEGEL. “Before (and After) Roe v. Wade: New Questions About Backlash.” The Yale Law Journal 120, no. 8 (2011): 2028–87. http://www.jstor.org/stable/41149586.
Haines, Julia. 2021. “A Guide to Abortion Laws by State.” US News & World Report. U.S. News & World Report. September 1, 2021. https://www.usnews.com/news/best-states/articles/a-guide-to-abortion-laws-by-state.
Knowles, Hannah, and Marianne LeVine. 2024. “Trump Says Abortion Should Be Left to States, Does Not Endorse National Limit.” Washington Post, April 10, 2024. https://www.washingtonpost.com/elections/2024/04/08/trump-abortion-statement/.
Morris, Kyle. 2024. “Biden Doesn’t Support ‘Full-Term’ Abortion Stance Pushed by RFK Jr, Campaign Says.” Fox News. May 14, 2024. https://www.foxnews.com/politics/biden-support-full-term-abortion-stance-pushed-rfk-jr.
Oyez. 2022. “Roe v. Wade.” Oyez. 2022. https://www.oyez.org/cases/1971/70-18.
Paul Steinhauser, Anders Hagstrom. 2024. “Trump Says Abortion Should Be Decided by the States, ‘Will of the People.’” Fox News. April 8, 2024. https://www.foxnews.com/politics/trump-says-abortion-should-be-decided-the-states-will-the-people.
Planned Parenthood. 2022. “Abortion in U.S. History.” Planned Parenthood. Planned Parenthood Action Fund, Inc. 2022. https://www.plannedparenthoodaction.org/issues/abortion/abortion-central-history-reproductive-health-care-america.
“Roe v. Wade: Behind the Case That Established the Legal Right to Abortion.” n.d. Www.plannedparenthoodaction.org. https://www.plannedparenthoodaction.org/issues/abortion/roe-v-wade/roe-v-wade-behind-case-established-legal-right-abortion#:~:text=Road%20to%20Roe-.
Wang, Amy B., and Blair Guild. 2024. “How Biden’s Abortion Stance Has Shifted over the Years.” Washington Post, April 17, 2024. https://www.washingtonpost.com/politics/2024/04/17/biden-abortion-stances/.
“Where Can I Get an Abortion? | U.S. Abortion Clinic Locator.” n.d. Www.abortionfinder.org. https://www.abortionfinder.org/abortion-guides-by-state/abortion-in-georgia.
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