ABORTION RULINGS OF THE SUPREME COURT This rese

This research paper summarizes the rulings of the Supreme Court regarding abortion since the early 1970s and examines the factors which have influenced the stance of the Court, including its composition. Through its decision in Roe v. Wade, 410 U.S. 113 (1973), the Court established a limited constitutional right of pregnant women to choose to have an abortion. Subsequently, that right has been substantially abridged, especially during the latter phases of the Warren Burger-led Court (1969-1986) and, even more so by the Rehnquist Court. The more conservative orientation of the late Burger and Rehnquist Courts is reflected in the Court's rulings; however, pro-choice and pro-life beliefs and orientations have produced in the 1990s an unstable compromise or standstill concerning the circumstances under which abortion can be regulated by state or federal laws. Overall, the Court's rulings have roughly approximated public sentiment on abortion in the United States.

State of Abortion Law in 1973. A preponderance of states made the performance of an abortion a criminal offense; however, 25 states permitted abortions if necessary to save the mother's life, 11 others also where pregnancy resulted from rape or incest and five others (Alaska, Hawaii, New York, Oregon and Washington) on broader grounds, such as to protect the mother's health or, in the case of New York, without restriction before the 24th week of pregnancy (Roe v. Wade,

. . .
pregnancies. Rehnquist for the majority said at p. 437 that Roe did not establish "a fundamental right to an abortion," but rather "a liberty interest protected by the Due Process Clause." He said that the Court no longer held that a woman had an absolute right to an abortion during the first trimester, and at p. 435 that Roe's three trimester formulation had made "constitutional law in this area a virtual Procrustean bed." He added that the states had a legitimate interest in prescribing procedures for determining when a fetus was viable and could "permissibly further[s] the state's interest in preserving human life" --i.e. of the unborn fetus. Scalia in his concurring opinion at p. 445 said that the Court had in effect overruled Roe. Blackmun in his dissent agreed stating at p. 463 that the majority "repudiates every principle for which Roe stands." 1990s The holding in Roe was further diluted by the Court's five to four decision in Planned Parenthood of Southeastern Pennsylvania v. Casey, 112 S. Ct. 2791 (1992). The Court struck down a spousal consent requirement in a Pennsylvania statute but upheld a 24 hour waiting period, an informed consent requirement, a parental consent provision and a recordkeeping requirement. Three
. . .

Some common words found in the essay are:
Justice Court, Supreme Court, Reproductive Health, Imperial Judiciary, Doe Bolton, Maher Roe, Health Services, Catholics Christian, Clause Court, Roe Wade, supreme court, roe wade, burger court, reproductive health, planned parenthood, lamb halpern, parental consent, center reproductive health, city akron, akron center, center reproductive, akron center reproductive, urbana university illinois, lamb halpern 1991, act 18 usc,
Approximate Word count = 3307
Approximate Pages = 13 (250 words per page)