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Legal History of Abortion

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Few topics in American politics are more explosive and more divisive than abortion. Perhaps this is because it encompasses a vast combination of one's constitutional rights, moral issues, religious beliefs and political preferences. Though the legal history of abortion is relatively short, it is complicated and continues to be actively debated and pursued by activists on both sides of the argument: pro-choice activists are refocusing their fight to achieve greater access to abortions for all women and pro-life activists, while combating these new pro-abortion pursuits, continue to fight for an overturning of the original decision that led to the legalization of abortion, Roe v. Wade.

To review all of the literature relating to either the legal history of abortion or the moral debate over abortion would be a nearly impossible task since new literature on these topics is published everyday. The following two examples are representative of what a survey of recent literature does reveal, however, which is that even in seemingly "objective" writing about the legal history of abortion, the moral debate exists, perhaps revealing that the two topics are inextricable.

Caitlin Borgmann, in her 2004 article, "Winter Count: Taking Stock of Abortion Rights After Casey and Carhart," attempts to uncover how abortion rights have changed since the original Roe v. Wade decision. In particular, Borgmann asserts that two post-Roe decisions, Planned Parenthood v. Casey and Stenberg v.

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heir status as a public or private hospital or receipt of government funding. Understanding the history of abortion laws is paramount to appreciating the perspective of these writers. The first abortion laws, which prohibited abortion after the fourth month of pregnancy, began to appear in America in the 1820s and by 1900, most abortions in the US were completely outlawed. Despite these restrictions, illegal abortions were still frequent, though they became increasingly less frequent during the period of the Comstock Law, which essentially banned birth control information and devices (Lewis, "History of Abortion"). Susan B. Anthony, along with other feminist activists, opposed abortion because at the time, it was an unsafe medical procedure for women, endangering their health and life. These feminists believed that the achievement of women's equality and freedom would end the need for abortion. They believed that prevention was more important than punishment, and they considered their circumstances and the laws drove women to abortions. As birth control became available and was considered safe and effective, feminists defended its use as another way to prevent abortion (Lewis, "History of Abortion"). By 1965, abortion
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Approximate Word count = 1250
Approximate Pages = 5 (250 words per page)

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