Supreme Court Upholds Abortion Ban: 14th Amendment Violated? - Research Paper

Introduction

The decision by the Supreme court on April 18, 2007, upheld the federal law leading to the ban of abortion procedures. As a result, it gave the go-ahead states, to interfere with the decisions of the citizens regarding their reproductive health. Criminalizing abortion in various states goes against the provisions of the Fourteenth Amendment, which addresses multiple aspects of the citizens, including their rights. Mainly, regulation of abortion by different US states and the interference by politicians on the abortion procedures violates the protection clause, due process clause and immunities and privilege clause.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Save 25%

Equal Protection Clause

Abortion regulation and the involvement of politicians in decision making regarding reproductive health violates the protection clause under the Fourteenth amendment. Under the equal protection clause, it states that the government or any other governmental body should not, at any given time, deny an individual access to equal protection. The right to abortion should get regarded as a fundamental right that should not be limited (Cook, 2019). Through the protection clause, women get denied access to equal protection under the constitution since they are not able to make decisions regarding their pregnancy, yet it is personal liberty. Through state regulation of abortion, the state would be imposing and making a detrimental choice on behalf of pregnant women without giving these women the chance to make a choice (Emanuel, 2019). Besides, the state would be acting forcibly in making women have to endure health-related risks that are associated with pregnancy and having to face the costs that arise due to the need to bring up the child within the family without being prepared.

Protection of the right to have an abortion and the equal protection clause are related to the issues facing women and feminist. And the societal and constitutional view of the women as a whole. The debate on abortion is closely linked to family and work conflict that most women face due to childbirth. The equal protection clause protects women since for women to be indeed be considered as equals to men in the society; they must be at liberty to choose whether to procure an abortion or not (Emanuel, 2019). First, it is the right of a woman to decide whether she wants to be a mother or not. In most instances, having to bear a child interferes with women career-wise since they have to take maternity leave and having to watch over the baby at the early stages after birth. In line with this, the equal protection position on abortions aggravates the conflict that may arise as a result of work and family.

Equal protection clause underscores the fact that states the choice to limit access to abortion goes against the critical provisions of the constitutions and its core values which include dignity, autonomy and integrity (Cook, 2019). The clause recognizes the fact that the ability that women have to contribute economically and socially to the nation is motivated by their strength and discretion to make choices and control their reproductive lives. Furthermore, it is the core principle behind liberty whereby the right gets granted to define the concept of one's existence, understanding the universe and the meaning of life as well as the attributes of life and personhood under the compulsion of the state.

Due Process Clause

Due process clause of the Fourteenth Amendment provides the legal obligation of the states of the US. These due process obligations include with regards to actions such as prohibiting abortion. Through this clause, it is an affirmation that all the levels of governments within the country must ensure that they make choices and decisions within the confines of the law and that they integrate fair processes in their procedures (Emanuel, 2019). Due process clause links the ability for a woman to access abortion to the right to privacy is provided under the same cause.

Given that the constitutions recognize the right to privacy, states should also ensure that right to privacy, more so among women is provided. This right to privacy does also include the decision of a woman if to have an abortion or not. The right to have an abortion is a fundamental right, and hence the states that limit the right need to be justified and must be with the reason of compelling interest that the country has to explain (Cook, 2019). According to the due process argument concerning abortion. A premise is provided concerning abortion, giving the guarantee of liberty. Thus liberty entails the right to have privacy and autonomy in the abortion process. Under the constitutional freedom and the due process clause, a woman's interest also involves privacy and freedom in making decisions that are personal and require privacy. This provision is closely related to the aspect of liberty in terms of attainment of bodily integrity among women (Jones & Jerman, 2017). it involves making personal choices that affect physical integrity, identity and the destiny of the women which have to be out of the reach of the government or the state. Restricting abortion in states violate the right for women to access privacy in two ways.

Restricting abortion denies women the opportunity to make the significant choice on whether to have an abortion and violates the requirements for bodily integrity leading to forced physical intrusion by having to give birth against one's will. Additionally, denial of the right to make the appropriate choices on reproductive life and planning for her family makes a woman unable to make critical choices concerning life they are central to the right of a person to have privacy (Emanuel, 2019). Autonomy in procreation underscores the due process clause point to significant freedoms such as the right to be at liberty to procure an abortion that the states cannot interfere with unless with compelling reasons. The right to acquire abortion links to the freedom of privacy, which is central to the concept of liberty and person's realization of autonomy. The decision to have an abortion is a private decision that an individual makes upon self-consideration. It is similar and private as deciding on the use of contraceptives protected under the theory of privacy.

Immunities and Privilege Clause

The immunities and privileges clause provides that. The citizens of all the states in the USA are all entitled to the privileges and immunities. That citizens from all the other countries have. This clause acts as a protection for the fundamental rights of all individuals, including access to abortion. The provision also acts as a restraint. For the government not to work in a discriminatory manner against citizens from outside of the state. Notably, the privileges and immunities clause is only limited to fundamental rights and do not extend to other sectors, such as commercial activity (Jatlaoui, 2019). Under the privileges and immunities clause. The pertinent issues that arise concerning the abolishment of the freedom to procure abortions amongst women include whether the state law prohibits women from having an abortion from another state would lead to a situation whereby the woman gets regarded to have violated the clause.

This challenge or determines the authority that the state has. When handling instances, of abortion procured outside the state territories, the court is at liberty to assess, the strength of the interests. That the state has in the protection of the unborn life. Additionally, the court also undertakes to review the concerns of the woman seeking to have the abortion (Jatlaoui, 2019). The enactment of the privileges and immunities clause presents two competing aspects concerning the issue of abortion. First, the provision protects a given state from imposing discriminatory practices against citizens of another nation; this means that the clause does not prevent a given country from monitoring or observing the activities of its outside of the state (Jones & Jerman, 2017). it is a clear indication that the privileges and immunities clause does not preclude a given country from having discriminatory practices against citizens from other states, including procuring abortions out of the state. In such a situation, no need would arise for the court, in concluding, to strike a balance between what the woman's interest in procuring the abortion is the interest of the state to ensure that the inborn life is protected (Cook, 2019). However, the application and interpretation of the clause would not be dependent on abortions. On the other hand, the immunities and privileges clause provides that in case a citizen from another state visits a different country, the person is entitled to the local privileges and immunities provided by the state.

References

Cook, E. A. (2019). Between two absolutes: Public opinion and the politics of abortion. Routledge.

Emanuel, K. (2019). United States far right attacks abortion rights. Green Left Weekly, (1222), 20.

Jatlaoui, T. C. (2019). Abortion Surveillance-United States, 2016. MMWR. Surveillance Summaries, 68.

Jones, R. K., & Jerman, J. (2017). Abortion incidence and service availability in the United States, 2014. Perspectives on sexual and reproductive health, 49(1), 17-27.