Roe V. Wade and Dobbs V. Jackson Women's Health Organization
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History and background:
Roe V. Wade was a milestoned legal decision, ruled by the Supreme Court of the United States on January 22, 1973, granting pregnant women the right to choose whether to have an abortion or not without the interference of the government. Indeed, the decision of Dobbs V. Jackson Women's Health Organization (Dobbs V. Jackson) has ultimately taken away the abortion right that has been granted to women since 1973.
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How does it affect the U.S. Constitution and American societies?
The overturning of this case eradicates the ability of an individual to have the ability to choose if they want to raise a child. This burden is especially hard on parents who are not fully prepared for this new obligation they have to attend to, whether it be emotionally, physically, or financially. It might also proportionally hurt women, as the lack of abortion could lead to health complications. In fact, this could also have detrimental effects on the economy. Diane Foster, a professor of observers at the University of California has claimed that “we’re going to see worse physical health, greater economic hardship, and lower achievement.” In fact, women in the workforce which are essential to the progress of the economy may be forced to quit their jobs for their inability to properly care for themselves and their children. In fact, according to a 2020 paper women, inability to have abortions led to their unpaid debt rising by 78%. This is going to happen courses states as 26 states are likely to either ban or severely limit access to abortion. Furthermore, it may have a cascading impact on other constitutionally protected rights of a similar nature. If the rationale for the overturning of this statute is that it was not originally constitutional, then other laws, such as Griswold vs Connecticut, which establishes the right to obtain contraception, may be invalidated as well. The Supreme Court's decision in Roe v. Wade might have far-reaching consequences for society.
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Opinions on the adjudication:
1. Roe V. Wade in no circumstances should be overturned. Simply based on the utilitarianism principle, the inability to access abortion will only impact the women bearing the baby but also their families. The amount of happiness is likely to plummet, and so is the trust of these governments. These essential tenets should not be sacrificed for anything or anyone.
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2. It was reasonable and essential to ban abortion rights nationwide. There are two main classes to approach the passages of the U.S. Constitution, Textualism, and Active Liberty. Texualists take the approach of understanding the plain language and meanings of the passages. Judges, who are textualists, always emphasize what the founding fathers would indicate when they wrote the Constitution. In the case regarding abortion rights, the 14th Amendment did not explicitly refer to abortion rights indicated to "equation protection of the laws". Besides, the supreme court has stated, "abortion is not deeply rooted in the Nation's history and tradition" and concluded with "the right to obtain an abortion cannot be justified as a component of such right." Therefore, women shouldn't be allowed to have such freedom if abortion right is not enshrined in the Constitution.
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3. Everyone's liberty should be considered, especially if the burden and care are thrown at you. You as the woman are making a tremendous choice, one that will inevitably whether you want it or not changes your life forever, that decision alone should be in your hands, the one who is giving birth, and not to the state. If you are not ready to accept a child not only is your life going to be miserable, but so will the children. To make sure that both parties are able to be beneficial abortion should stay as it is right now. Even if we don’t take into consideration of the aforementioned options, doing so will only open a can of worms that will in turn impact other existing laws. LEGAL.
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