Title: What the U.S. Constitution says. The law and abortion.

POPLINE Document Number: 108676

Author(s):

Liben P

Source citation:

FREEDOM REVIEW, 1995 Sep-Oct;26(5):20-1.

Abstract:

The US Supreme Court in its January 22, 1973, decision on Roe v. Wade abolished virtually all abortion restrictions previously imposed at the state level in states across the country. That decision marked the beginning of an ongoing national debate on a woman's right to choose to have an abortion. Some Americans think that abortion should be permitted at some stages of fetal development and in certain circumstances, while others strongly oppose abortion under any circumstances. Americans enjoy certain fundamental liberties which are protected by the US Constitution. The right to abortion is not one of these freedoms. The Bill of Rights balances individual rights and majority rule by allowing the majority to pass legislation through its elected representatives. The decision in Roe v. Wade is an example of such legislation passed by pro-choice Supreme Court judges. As such, the author stresses that a conservative Supreme Court could one day enact legislation denying women in the US the right to abortion on demand. It is clear that many states will pass legislation regulating abortion if the Roe v. Wade decision is ever overturned. Pro-choice supporters therefore want US President Bill Clinton to select pro-choice judges for the Supreme Court.

Keywords:

United States
Abortion Law
Constitution
Developed Countries
North America
Americas
Fertility Control, Postconception
Family Planning