Abortion Public Policy in the US Essay Example

Abortion is one of the most controversial issues in the social and political debates around the US. According to the Centers for Disease Control (CDC), there were about 879,000 abortions in the nation with high prevalence among teenagers and unmarried women. The modern world is fast-paced with rapid developments in both the social and economic environment (Weaver, 2019). This paper provides an overview of the background information and legal backing for the Abortion laws with reference to the US Constitution. The discussion expounds on the landmark decisions on the subject which have led to notable changes in the prevalence of abortion in the country.

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The first landmark case on abortion in the US was the Roe vs. Wade case in 1973 in which the federal court declared all anti-abortion laws as illegal. The initial lawsuit was first filed at a Dallas Court in 1970 by a pregnant lady, dubbed as Jane Roe. Prior to this ruling, abortion was still selectively carried out in some states; so the landmark decision approved the same as a federal public policy (Roe et al. v. Wade, 2017). Jane Roe sought to terminate her pregnancy on claims that she was raped and it would cause a financial burden on her. In later proceedings, she admitted that she had lied about the rape instance to increase the chances of a court ruling in her favour. Although abortion was legal in Texas by then, it was only allowed if the life of the mother was in danger. The 7-2 jury decision directed all states to have at least one abortion clinic to cater for the reproductive health of women.

In this landmark decision, the US Supreme Court recognized abortion as a fundamental right which is protected by the Fourth Constitutional Amendment. In later years, several state and federal laws continue to reaffirm the liberty for people to make decisions on their ability to bear and raise children. The ability of women to fully participate in the social and economic aspects of American society depends on their ability to control their reproductive health cycles. Protecting the right to abortion not only promotes their dignity but also economic equality by letting women decide when or whether they are ready to raise families. The issue of abortion among minors is a source of difference in State laws with at least 37 states requiring the approval of parents before undertaking the procedure.

Following the Roe vs. Wade court decision, several state legislation adopted laws that allow for the free will for women to make pro-life choices. One of the major changes was on the physician and hospital requirements in which about 20 states provide a mandatory requirement for a trained doctor to be present during the procedure (Penn Bioethics Journal, 2015). This law followed the 1973 ruling in Doe vs. Bolton in which the judicial decision provided that medical judgement should be made from the examination of several factors such as age, physical, mental and familial wellness of a woman. The decision also provided further clarification on the Roe decision in which the state was allowed to prohibit abortion, especially in the late trimesters to avoid putting the life of the mother at risk. With the Doe vs. Bolton, the state law acknowledged that as long as a woman is in her sane mental health condition, she should be allowed to choose her preparedness to raise a child. Planned Parenthood vs. Casey in 1992 abolished the requirements of the Roe decision that abortion procedures should have thorough scrutiny for justification. The Casey decision reinstated abortion as a personal and confidential issue which should not be questioned by virtue of respect to the one's freedoms and rights. Other judicial decisions have followed in the provisions of this public policy with the recent one being in 2016 where the supreme court declared that it is not constitutional for any state to impose laws which undermine the access to abortion services in the US. Prior to the ruling, some states such as Texas limited the number of abortions by increasing the admission privileges for doctors and licensing requirements for abortion clinics (Jones & Jerman, 2017). As of today, there are heated debates in the social and political context as advocates for this policy lobby for the inclusion of abortion as part of modern healthcare insurance plans. This step will go a long way to increase the access especially to low-income and middle-income populations who suffer huge economic burdens.

In August 2015, five videos of Planned Parenthood officials surfaced online showing the executives engaged in active trade for fetal tissues from abortion clinics. The release of these videos sparked the debate on the legality of abortion and its position in a moral society. Several US legislators took to social media platforms to express their disappointment even with Democrat Presidential Candidate, Hillary Clinton saying that the videos were quite disturbing. Republicans also took the event as a chance to introduce motions to defund Planned Parenthood and reduce the number of abortions that happen in the US (Penn Bioethics Journal, 2015). Due to the public outcry, Planned Parenthood made a press release to clarify that the organization that did not make a profit out of the sale of fetus tissues as earlier implied. The non-for-profit organization however donated the issues for medical research and received reimbursement to cater for the costs of transportation and preservation. The main issue raised by the legislators who tabled the debate to support defunding the organization was the legality of the donation program that Planned Parenthood claimed to support. Fetal tissues reportedly play a significant role in medical research because of the ability to grow rapidly and easily adapt to environmental modifications. Elective abortion has been the main source of fetal research tissues and its legality is a source of controversy in the healthcare profession up to date. Following these arguments, the federal government declined to defund the reproductive health organization and as of today, Planned Parenthood receives at least $500 million through Title X Family Planning Program and Medicaid incentives. Later in December 2015, Republicans within the Senate filed another motion to reduce the funding to the organization and repeal the Affordable Health Care Act but failed for lack of the two-thirds vote win required to pass a law. The federal government therefore fully supports abortion both through legal amendments and public funding which increase the quality of services offered to the citizenry (Beckmann, 2017). However, at the state level, the amount of funding to abortion differs from one jurisdiction to another. Several states recognize all, some or none of the Federal legal provisions to set aside public funds to improve the access to abortion clinics and quality health care in accordance with the Public Funding for Abortion Act. A recent development in the law was the repealing of the Reproductive Health Act of 2019 in New York to allow pro-life choices in the last trimester. The law amended the Roe decision which banned the procedure in this phase of pregnancy citing the viability of the fetus and the health of the patient (Weaver, 2019). The United States federal and state governments have equipped most health facilities with modern equipment and thus the services should be availed to the mother until the child is born. These changes constitute the current state of the legislation although the policy is expected to change in future with increased media and sociopolitical attention on the topic.

References

Beckman, L. J. (2017). Abortion in the United States: The continuing controversy. Feminism & Psychology, 27(1), 101-113. https://journals.sagepub.com/doi/pdf/10.1177/0959353516685345

Jones, R. K., & Jerman, J. (2017). Population Group Abortion Rates and Lifetime Incidence of Abortion: the United States, 2008-2014. American Journal of Public Health, 107(12), 1904-1909. https://doi.org/10.2105/AJPH.2017.304042

Planned Parenthood Controversy Revives Abortion Debate. (2015). Penn Bioethics Journal, 11(2), 7. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=117725282&site=ehost-live

Roe et al. v. Wade, district attorney of Dallas County. (2017). Roe et al. v. Wade, District Attorney of Dallas County, 1. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=21212297&site=ehost-live

Weaver, C. (2019, February 22). America's deep divisions on display in the abortion debate. Financial Times. Retrieved from https://www.ft.com/content/fa9891d6-3075-11e9-8744-e7016697f225