Abortion has been a heavy topic in the last four years, especially after the overturning of Roe v. Wade. This week, we are heading to the voting booths and a deciding factor for many is the candidates’ abortion stance. An exploration into the history of abortion, including Roe v. Wade, and developing an understanding of the differences between federal and state abortion will help keep voters informed about what’s on the ticket.
What is Roe v. Wade?
Roe v. Wade was a lawsuit from 1971-1973, with the plaintiff Jane Roe (a fictional name to protect the plaintiff’s identity) and the defendant Henry Wade (the District Attorney of Dallas County, Texas). Roe lived in Dallas County and challenged a law that made abortion illegal unless it was necessary to save the mother’s life. Roe believed the law was unconstitutional and violated the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.
What happened?
After 2 years of deliberation, the Supreme Court handed down its decision. Seven out of nine justices agreed that the 14th Amendment (no state shall “deprive any person of life, liberty, or property, without due process of law”) implies a right to privacy which was as follows:
Seven of the nine justices agreed that the Due Process Clause of the 14th Amendment — which says that no state shall “deprive any person of life, liberty, or property, without due process of law” — implies a right to privacy.
The Court decided on a framework that would balance the state’s interest with the inherent right to privacy. The framework was as follows:
- 1st trimester – The state cannot regulate abortion, except to ensure it is safe.
- 2nd trimester – States can impose regulations if they are related to maternal health.
- 3rd trimester – Once the fetus is viable (able to survive outside of the womb), states can prohibit/restrict abortions except in a case where the mother’s life or health should be protected.
This decision legalized abortion and kept the authority to regulate abortions at the federal level.
So, why was it deemed unconstitutional?
Roe v. Wade was deemed unconstitutional in 2022 during the Dobbs v. Jackson Women’s Health Organization lawsuit and Roe v. Wade was overturned. The majority of justices’ argued that:
- The courts had No Explicit Right, as the right to an abortion is not a constitutional right because it is not mentioned in the US Constitution.
- Historical Context of abortion laws was reviewed and said that for most of American History (except the previous 50 years), abortion had not been regarded as a constitutional right.
- The new decision would make the move the authority to regulate abortions at the state level.
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So which party stands for what?
As of now, the Democratic party would like the authority to regulate abortions at the federal level.
The Republican party would like the authority to regulate abortions at the state level.
The Catholic Church’s Perspective
The Catholic Church believes that all human life is sacred from the moment of conception. This belief comes from Genesis 1:27 and is rooted in the Imago Dei, or the understanding that every human being is made in the image and likeness of God. The Church believes that human life must be protected at all stages of life and abortion is wrong in itself.
Final Remarks
In the end, who you vote for in the voting booth is always up to you, but you should go in, informed about who you are choosing to run our country. Abortion is a significant topic on the election ticket this year, but you should also become informed about other hot topics like the economy, the border, or gun violence. The most important thing is that you go to the voting booths knowing the views of who you decide to vote for.
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