CON 321 Health Related Research: Abortion | Case of Roe and Wade
Remember, This is not so much a paper on the restriction of abortion as it is a paper using constitutional interpretation as a method to justify a positon on Roe v. Wade, one way or the other.
Answer:
Introduction
According to the constitution of Texas, it is unconstitutional for a woman t terminates a pregnancy. In a case between Roe and Wade, Roe was an unmarried woman who wanted to have a legal abortion because she was not married and wanted her privacy (Goldenberg, 2017). The Texas law prohibited the ending of a pregnancy not unless there was possibility of the pregnancy being a threat to the life of the mother. The denial of Roe by the court to commit abortion was because the life of Roe would not be in danger if she carried the pregnancy to term. In terms of holding, the restriction of women to carry out abortion can be interpreted as violating their personal privacy due to the constitutionality of the law. At the same time, the other States allow abortion but Roe did not have the finances to go to other States for an abortion. Considering the reasoning of the majority, the Texas laws were infringing the constitutional right of women to personal privacy. The right to privacy needs to be protected under the 14th amendment of the constitution (Richard, 2016).
The law of prohibiting abortion in Texas was initially aimed at lowering the hazards associated a woman carrying out abortion. The Roe v. Wade Supreme Court case made a significant historical change to the American women by causing a great social change. Although generally, the people may tend to agree with the written statements in a law or constitution, they find it difficult to make a proper interpretation. As such, the people cannot reach a consensus concerning a given legal issue. The two main ways in which the courts interpret the constitution or laws are the use of living documents which change with changes in time and, use of fixed documents which have a meaning which does not change with respect to time of culture. The approach used to interpret the meaning of the United States Constitution in the Roe vs. Wade case was the living document. This is because the laws were twisted to meet the evolving needs, culture, and knowledge of the women. Another method of interpreting the Constitution is through originalism and non-originalism methods. The originalism method is has a deep assumption that the constitution contains a determined and fixed meaning which can only be understood to only people who can give it a fair reading. The constitution of a State is created by the interpreters as time goes on.
During interpretation of the original meaning of the constitutions, an interpreter needs to start off with the words in the document in the ordinary and understandable manner so that they can fit in the respective context (Lawrence, 2017). As such the Roe vs. Wade case was overturned such that Wade, the judge who was seen to protect the Texas law was charged for failing to offer Roe the right to personal privacy (Eric, 2016). This indicates that the constitution was interpreted in an original manner so that instead of the Texas law as twisted to favor Roe. To some extent, the constitutionality of the case of Roe vs. Wade can be seen because there was no need of Roe keeping her pregnancy yet she was not married. Having taken a long time to have her case heard, the baby that was born to this woman was adopted. She later came back with changed views concerning abortion. In this situation, there is no fact which indicates that the fact that abortions are illegal means that they do not take place (CNN, 2016). The Supreme Court ruled that if an abortion occurs in the first trimester, it is safer than childbirth and hence the decision remains solely to the woman and the clinician.
References
CNN library, 2016. “Roe v. Wade Fast Facts.” CNN. Cable News Network, 24 April, Web 25. Sept.
Eric, F., (2016). The constitution means what the supreme court says it means. Harvard Law Review. Retrieved from https://harvardlawreview.org/2016/02/the-constitution-means-what-the-supreme-court-says-it-means/
Richard, S., (2016). Construction, originalist interpretation and the complete constitution. ISSRN. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2778744&rec=1&srcabs=2755578&alg=1&pos=7
Lawrence, S., (2017). Originalism in constitution Time. Leggal Theory Blog. Retrieved from https://lsolum.typepad.com/legaltheory/2017/04/originalism-roundup-the-case-for-the-constraint-principle-and-much-else.html
Goldenberg, D. (2017). The Right to Abortion: Expansion of the Right to Privacy Through the Fourteenth Amendment. The Catholic Lawyer, 19(1), 11.
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