Skip to content
Legal Research And Analysis

Legal Research And Analysis

Stay Connected ! Stay Informed !

  • Home
    • ABOUT US
      • ADVISORY BOARD
        • EDITORIAL BOARD
          • Governing Body
            • Terms Of Use
  • Legal Research and Analysis Journal
  • LRASJ
  • Free Courses
  • LRA Law Firm
  • LRAWOMEN
    • LRAWOMEN Volunteers Program
  • Notice Board LRA
  • Search
  • Toggle search form
  • Half the way via 2022, the United States has seen 309 mass shootings, a near-record number.
    Half the way through 2022, the United States has seen 309 mass shootings, a near-record number. current affairs
  • SIR SYED AHMED KHAN AS A VOYAGE TO REFORMATIVE MODERNITY
    SIR SYED AHMED KHAN AS A VOYAGE TO REFORMATIVE MODERNITY Article
  • Dowry Deaths In India
    Dowry Deaths In India Article
  • Russia-Ukraine War The Russian Ruble crashes, the stock market closes and Russia’s economy staggers under sanctions.
    Russia-Ukraine War The Russian Ruble crashes, the stock market closes and Russia’s economy staggers under sanctions. War in Europe
  • LEGAL UPDATES; Ten Second readouts about daily developments across all courts.
    LEGAL UPDATES; Ten Second readout Legal Updates
  • Putin’s attack on Ukraine echoes Hitler’s takeover of Czechoslovakia
    Putin’s attack on Ukraine echoes Hitler’s takeover of Czechoslovakia War in Europe
  • Dinesh Bhattarai writes: The coming together of leaders, even at the height of tensions, in a region laden with congenital suspicions, misunderstandings, and hostility is a significant strength of SAARC that cannot be overlooked
    Can SAARC fill the power vacuum left by US withdrawal from Afghanistan? current affairs
  • CURRENT AFFAIRS; Ten Second readout
    CURRENT AFFAIRS; Ten Seconds readouts current affairs
Reversing Roe v wade: Anti Abortion trends in New America

Reversing Roe v Wade: Anti Abortion trends in New America

Posted on July 7, 2022July 7, 2022 By Mohd Nofil
0 0
Read Time:5 Minute, 21 Second
Reversing Roe v wade: Anti Abortion trends in New America
Images; Picture; Representative image/ Sources LRA E ARCHIVES

Roe v. Wade overruled, Dobs v. Jackson Women’s Health Org. is the new law

The Abortion law in the United States and around the world has been in the talks lately,  the decision of the US Supreme Court in Dobs v. Jackson Women’s Health Org. overturned the well-known Roe v. Wade case which granted pregnant women the right to procure abortion.

Nearly five decades ago, the historic judgment altered the course of history. However, the recent reversal of the case brought about a significant uproar among feminist organizations. The evangelical Christian rejoices over the choice.

The world is a changing place where people thought about liberty and freedom. Abortion is one of the talks where the opinions of the people are split. There are people who think that the choice of procuring abortion must always be free as a woman has a right over her body. while the second opinion talks about the potential life growing within the womb.

That means no person has the right to kill innocent life. It is the state’s interest to protect the viable fetus. There is a third group who had mixed opinions. They talk about the freedom and right to choose but also grow to discuss the life which is yet to be born. The opinion marks them differently so does the world.

Abortion was illegal throughout the history of the United States but this judgment in 1973 made it a right for women to procure it.  The fourteenth Amendment was explained and defined as having the concept of abortion in a broad perspective. But with the recent overturn of Dobs v. Jackson Women’s  Health Organization the situation is all changed.

The course-changing decision needs to be understood from its initial points. Roe v. Wade & Parenthood Planning v. Casey were the cases that liberalized the feminist approaches which talked about women’s rights. The pro-abortion ruling paved the way for the approach while the conservative approach in Dobs v. Jackson made it hard for the feminist approach to the coup.

Roe v. wade

Roe v. wade is between 22 years old-lady Jane Roe (listed name of the plaintiff, Norma McCorvey) and the Dallas County (Texas) district attorney at the time, Henry Wade. This case law struck down laws that made abortion illegal which proscribe procuring or attempting an abortion except on medical advice for the purpose of saving the mother’s life.

The Appellant brought a class action suit challenging the constitutionality of the Texas Statute and sought an injunction against the district attorney Henry Wade from enforcing it. The appellant alleges that she was pregnant and unmarried. And she can not go for the abortion legally as her life was not threatened.

Also, she can not afford to move to another jurisdiction for a legal abortion. She asserted that the Texas Statute is constitutionally vague and abridges her right to privacy guaranteed by the Fourth, Fifth, Ninth, and Fourteenth Amendments.

The court ruled that the Texas Statute is void for being constitutionally vague. The appellant has the right to choose to have children under the Ninth and Fourteenth Amendments. The court granted declaratory relief but for an injunction.

The appellant appealed against the denial of the injunction. The respondent also cross-appealed against the declaratory relief. Both the parties appealed to the US Court of Appeal for the Fifth Circuit which stayed the appeal pending the decision of the court.

 The judgment was delivered by the 9 judges bench in a 7-2 opinion wherein the majority decision was delivered by Justice Blackmun. Justice Stewart filed a concurring opinion while Justice Rehnquist rendered a dissenting opinion. The court discussed the two-point discussion on why abortion laws were criminalized in history.

The points were:

  1. The state’s interest in protecting pregnant women from hazardous medical procedures and maintaining health and safety standards. It determines the state’s interest in protecting the pregnant woman at the later stages of pregnancy.
  2. The state’s interest in protecting the per-natal life as there is potential life involved. The state could assert its interest in the protection of life beyond the pregnant woman.

The court opined that while the right to privacy is not explicitly mentioned in the constitution such a right is recognized by the court. The right to personal privacy and the zone of privacy exists under the constitution within the due process clause of the Fourteenth Amendment. The opinion was that it is enough for a woman to choose whether to terminate the pregnancy or not.

Further, the court opined that the right to privacy is not absolute. It held that the state could enforce its legitimate interest in safeguarding maternal health and maintaining safe and healthy medical standards and in preserving potential life. As a woman approaches term it became compelling for the state to maintain procedures for the safeguard and the protection of women and their potential life.

The court also rejected the respondent’s claim that Fourteenth Amendment recognized a fetus as a person which means the state has an interest in protecting it. It wholly determines the law does not consider the unborn fetus as a person.

Finally, the court in its judgment held that the woman has the right to privacy but it is not absolute. The state has interests that need to be enforced to some extent. In the opinion of the majority, the woman has the right to procure an abortion in the first trimester of pregnancy.

But at the end of the first trimester,  the state regulates abortion to the extent of physicians’ advice and to protect maternal health. while when the fetus becomes viable, the state could assert its interest in protecting the potential life. And also proscribe abortion.

In Planned Parenthood of Southeastern Pennsylvania v. Casey, the court affirmed the decision of Roe v. Wade but outlawed the trimester ruling, in which the court held that before the viability of a fetus, a woman has the right to procure an abortion.

In Dobs v. Jackson Women’s  Health Organization, The Court held that the constitution does not confer a right to abortion within it. The previous judgments on abortion are overruled. The authority which regulates abortion is returned to the people of the nation and their elected representatives.

Share

Facebook
Twitter
Pinterest
LinkedIn

About Post Author

Mohd Nofil

nofilmohd37@gmail.com
http://Pranavwritesit.xyz
Happy
Happy
0 0 %
Sad
Sad
0 0 %
Excited
Excited
0 0 %
Sleepy
Sleepy
0 0 %
Angry
Angry
0 0 %
Surprise
Surprise
0 0 %
Article, legal Tags:Abortion, Dobs v Jackson, Justice Rehnquist, Right to Privacy, Roe v Wade, USA, Women Health Organization

Post navigation

Previous Post: U.S Schools Report rise in Absenteeism Behavioral Issues
Next Post: Only Abortion clinic in Mississippi shuts down

Related Posts

  • THE JUVENILE JUSTICE SYSTEM IN INDIA
    THE JUVENILE JUSTICE SYSTEM IN INDIA Article
  • SIR SYED AHMED KHAN AS A VOYAGE TO REFORMATIVE MODERNITY
    SIR SYED AHMED KHAN AS A VOYAGE TO REFORMATIVE MODERNITY Article
  • Climate change and India's plans for net-zero target”
    “Climate change and India’s plans for net-zero target” Article
  • EVE TEASING
    EVE TEASING Article
  • REFUGEE: AN UNRESOLVED QUEST OF HUMAN SURVIVAL Blog
  • Ghislaine Maxwell convicted
    Ghislaine Maxwell ends the battle to keep the eight “John Doze” secret Article
  • Exodus of Kashmiri Pandits- A Book Review Book Review
  • Human Rights in Islam (Book Review) Article
  • Human Trafficking
    Human trafficking in West Bengal Article
  • Imran Khan explains 'only solution' to Afghan situation, clarifies Pakistan is not Taliban spokesperson
    Imran Khan explains ‘only solution’ to Afghan situation, clarifies Pakistan is not Taliban spokesperson Article

Quick Search

Visit Our Store

Categories

RECENT POSTS

  • What’s wrong with Kenyan General Elections, why frontrunner former President Odinga is not accepting the Kenyan people’s election mandates? Former Attorney of Kenya, Mr. Taban Mohamed Explains.
  • America’s Role in helping the Indian Independence Movement
  • India Independence Day: The Surprising DIY Tech that powered India’s Freedom
  • Eknath Shinde, the Chief Minister of Maharashtra, assigned portfolios to his newly appointed ministers in the State Cabinet.
  • According to the President, unprecedented progress has been made in developing physical and digital infrastructure over the last few years.

Empirical Research

https://www.youtube.com/watch?v=fsL2WcsDuRU

    Log in

    • Register
    • Log in
    • Entries feed
    • Comments feed
    • WordPress.org

    Sign up

    • Register
    • Log in
    • Entries feed
    • Comments feed
    • WordPress.org

    • https://www.aljazeera.com/opinions/2021/8/10/afghanistan-peace-demands-sacrifice
      Afghanistan: Peace demands sacrifice current affairs
    • US Says Up to 1,500 Americans Await Airlift From Afghan as Threats Grow
      7 Deadly Sins Committed by the U.S. in Afghanistan current affairs
    • National Mission of Justice Delivery and legal Reforms
      National Mission of Justice Delivery and legal Reforms Article
    • The European Parliament people voted to incorporate abortion rights into the EU Charter.
      The European Parliament people voted to incorporate abortion rights into the EU Charter. current affairs
    • Taliban takeover a ‘body blow’ to Indian interests in Afghanistan
      Taliban take over a ‘body blow’ to Indian interests in Afghanistan current affairs
    • Why Ukraine must win; A decisive victory could transform the security of Europe
      Why Ukraine must win; A decisive victory could transform the security of Europe War in Europe
    • Defendants Who Have Not Filed Written Statements Can Be Permitted To Cross Examine Witnesses After Ex Parte Decree Is Set Aside: The Supreme Court.
      Defendants Who Have Not Filed Written Statements Can Be Permitted To Cross Examine Witnesses After Ex Parte Decree Is Set Aside: The Supreme Court. Civil
    • Inside the Congressional Black Caucus’s plan to defend the first Black woman nominated to the Supreme Court.
      Inside the Congressional Black Caucus’s plan to defend the first Black woman nominated to the Supreme Court. Covering SCOTUS

    Copyright © 2022 Legal Research And Analysis.

    Powered by PressBook News WordPress theme

    Terms and Conditions