Abstract This is a persuasive paper against Partial-BirthAbortion. The author discusses the side effects and negative impacts of Partial-BirthAbortion with special reference to effects on the mother and the child and uses these to support his argument. This paper includes a history and an overview of abortion.
Partial -BirthAbortion Overview
History of Abortion The Mother
The Child
Summary
From the Paper "Partial -Birth Abortion is the unjustified killing of an unborn child in the most gruesome way possible. This is the intentional killing of a child by partially delivering it for the sole purpose of terminating its life. This is achieved by inducing the delivery of a child by allowing the cervix to dilate to only 8 centimeters. The physician vaginally delivers some portion of the intact living fetus until the fetus is partially outside the body of the mother, for the purpose of performing an overt act that the physician knows will kill the fetus. "
Abstract This paper discusses how the 1972 passage of Roe vs. Wade has made abortion the greatest moral flash point in the United States today and how, for abortion supporters, the issue is often framed as a question of women's rights and privacy. It examines how this argument, however, ignores the reality that abortion, particularly late-term 'partialbirth' abortion, involves the rights of another human being as well. It puts forward the argument that a fetus is a human life and therefore entitled to the same protections as any person who has been born. It further argues that the termination of a fetus's life involves violent and painful procedures that would be akin to murder and torture. It also looks at how, because of these factors, the federal courts should uphold the current ban on 'partialbirth' abortions, ensuring the same basic protections to the most helpless and innocent segments of American society.
From the Paper "The issue of reproductive rights is a crucial part of the feminist movement, which believes that the right to control one's body is central to a person's dignity and independence. For many feminists, the abortion issue boils down to a question of women's rights. The agitation against abortion is thus an agitation against change. Removing a woman's option to terminate her own pregnancy harks back to the time when women were limited to traditional sex roles. Roe vs. Wade has done much more than making abortions legal. The decision has also affected traditional roles and values and has thus eroded the old moral order. Abortion is a contentious issue precisely because it has challenged prevailing standards and caused a fundamental shift in the societal power structures."
This paper describes a legal brief by Tamara F. Kushnir entitled 'Comment: It's My Body, It's My Choice: The Partial-BirthAbortion Ban Act of 2003' from the "Loyola University Chicago Law Journal",
Summer, 2004.
Abstract This paper presents a progression of many cases by which Tamara F. Kushnir, in her legal brief from the "Loyola University Chicago Law Journal", establishes a history of the right to privacy and therefore the right to an abortion. The author then reviews Kushnir's analysis of the 2003 PartialBirthAbortion Ban Act (PBABA) and summarizes Congress' 15 declarations in this law. The paper relates that the final section of this article is the author's argument that the PBABA is unconstitutional because it does not only limit D&X, aka a partial-birthabortion, there is not an adequate health exception, it is an undue burden and the legislative findings are in conflict with the Stenberg decision. The author reports that Kishnir states that the deference should be based on 'City of Boerne v. Flores' and 'Dickerson v. U.S.', which said that legislative findings should not overrule a Constitutional provision.
From the Paper "In the PBABA, Congress was sure to present Congressional Findings in support of the Act. In fact, the author states that Congress dedicated 5 paragraphs to explaining how the Supreme Court should give high deference to the findings. The cases that were cited in support of deference to Congressional Findings were Anderson v. Bessemer City, Katzenbach v. Morgan, and Turner Broadcasting Systems, Inc. v. FCC. Anderson v. Bessemer City set a precedent that the trial courts findings of fact have deference over a reviewing court."
Abstract The writer outlines abortion history and laws then focuses in the issue of partialbirthabortion and its controversy. It provides an explanation of the legal development of laws relating to abortion and its eventual legalization. The paper provides statistics about the number of abortions performed in recent years, ages of the women, reasons etc. It then explains the concept of partialbirth, when a fetus is aborted after 21 weeks, and the way that this is carried out is through semi-labor. The paper explains why this is obvioulsy a very controversial issue.
From the Paper "Three decades ago abortions were legalized, and efforts to have that decision reversed have not stopped since. Abortions used to be handled in back alleys, and dark rooms, with unsterile equipment many times. They were illegal and not something that one could talk about because they were not legally allowed to get them in the first place. The abortion legalization cleared the path for regulation by way of sterilization, and counseling for the patient before and after receiving an abortion procedure(Smith, 1979). While there have been many attempts to reverse the decision, they have been largely futile, because the public believed the service provided pregnant women was made safer by the legalization process. This was the case until a few years ago when the topic of partial birth abortions moved to the forefront. Partial birth abortions have created controversy that rivals the original controversy about abortion legalization."
Abstract In this article, the writer notes that on April 18, 2007, the Supreme Court handed down its decision on 'Gonzales v Carhart', et al. The writer points out that the decision, important to pro-life advocates, supports and leaves unaltered the partialbirthabortion law. The writer explains that this makes it illegal to perform an abortion beyond the first trimester of a woman's pregnancy if that procedure to terminate the pregnancy involves the physician bringing the fetus - viable at that point - outside the womb, thereby effectively making that fetus a person residing in the locale into which it has at that moment been delivered. The writer maintains that it is unthinkable that the courts and the public has arrived at this point in time where the Supreme Court must decide the issue of whether or not it is acceptable to terminate a partiallybirthed life. The writer concludes that abortion is not a matter of constitutionality, but a moral one, and one that does not belong before the Supreme Court.
From the Paper "For those conservative pro-lifers who would applaud these last few sentences as sentences in support of their conservative views and their right to impose those views on society, the caution is to go forward carefully, because that is not the case. Nor is it in support of the liberal pro-abortion lobby and supporters. The liberals, who in some ways are more mysterious than the conservatives in that they are the very same people who stand outside prison gates with candles in protest of humane administration of a lethal combination of chemicals that ensures the termination of the life of a mass murderer, or another felon whose crime is so heinous as to warrant social intervention in deciding whether or not that individual should continue to draw breath. Do not rally, because this writer finds it extremely odd that this group advocates on behalf of the life which walks the earth, having committed heinous acts of violence, and is at the same time not willing to afford the same support or opportunity for life of a viable fetus whose value to society has yet to be determined. Rather, both groups have driven this writer to the narrow edge of law, considering the law in its legalese only and in its role in the order of society and especially in light of separation of powers."
A discussion of the effect on civil rights in America of the Patriot Act of 2001 and the 2007 Supreme Court's decision to make partial-birthabortions illegal.
Abstract This paper discusses the challenges to civil rights that exist today in the United States. The paper particularly discusses the the implementation of the Patriot Act of 2001 and, in 2007, the Supreme Court's decision to make partial-birthabortions illegal. It then looks at how these two decisions have affected overall civil rights in America.
From the Paper "If any good can be found in this ongoing crisis in the United States and its Patriot Act, it is that, hopefully, an important lesson has been learned by American civil rights activists. That lesson is that human rights cannot be taken for granted. Activists need to keep working even when civil rights are in good shape. Luckily, one win for the Democrats will probably be enough to get the legal framework moving to repeal the Patriot Act. The history of American civil rights since 1945 is too strong a tradition to be held hostage by hysterical legislation."
Abstract This paper looks at the various methods used to perform abortions, according to the different stages of a woman's pregnancy. The methods described include the RU-486 pill, Methotrexate Injection, Dilation and Curettage, Dilation and Evacuation, Hysterectomy and PartialBirthAbortion. In the second part, the paper examines the various ethical and legal reasons for cut-off points proposed regarding the termination of a pregnancy.
From the Paper "The preferred method of abortion is generally determined by the stage of a woman's pregnancy. Each method has its own side-effects and no abortion method is 100 percent successful. RU-486 pill. Also known as Mifepristone, the RU-486 pill is a synthetic steroid that blocks the actions of progesterone, a hormone essential to maintaining pregnancy. Without progesterone, the lining of a woman's uterus fails to thicken. The fertilized egg is thus unable to implant into the uterine wall and is excreted along with a woman's menstrual period."
Abstract This paper argues that abortion is essentially legalized murder and it should be outlawed and prohibited under any circumstances. The essay discusses the practice of partial-birthabortion and argues that abortion violates the human rights of a fetus.
From the Paper "Many pro-choice supporters are moderates that feel abortion should be committed only under circumstances in which the mother was raped, or the mother is in danger. But, abortion under any circumstances still involves the termination of life, and humans should not play God in circumstances that are hard to classify and define from a moral or ethical standpoint (Skeffington). It is not up to humans to decide what circumstances constitute life and what circumstances constitute death. A child, once it has been conceived, has a right to be born and live out a life just like the rest of us."
Abstract This paper discusses how, since the establishment of the case, challenges to the legitimacy of Roe v. Wade (1973) have occurred on a state level. Of these dilation and extraction abortion procedures, which are also referred to by the term partialbirthabortions, have made significant headway in the courts to contest the terms under which Roe v. Wade provides protection to personal privacy in the context of abortions.
From the Paper "The assessment of federal control over the corporal state of the American person has long been contentious. Abortion is one of the forums through which this issue is frequently expressed, as all efforts to identify whether abortion is an acceptable procedure from a moral and ethical perspective is challenged through the imposition of federal law over the woman's body. Precedent was established in Roe v Wade (1973) that limitations on abortion are unconstitutional as these are invasive controls over the woman's personal privacy. "
Abstract This paper argues that abortion is a totally unacceptable, cruel, and unethical practice and should be considered illegal, with the exception of extreme medical cases. The author of the paper contends that the American judicial system must consider the ethical and moral aspects of abortion as an intrinsic part of the problem when approaching this social issue.
From the Paper "The Pro-life group views the problem from an entirely different perspective. This group considers that life begins as soon as the baby is conceived and hence abortion is viewed as a breach of rights of the baby. However the group approves abortion as the last and only resort in cases of emergency where the life of both the baby and the mother or at least one of them is at stake. Abortion is also approved in cases where the child is abnormal with severe birth defects."
Abstract This essay provides a highly detailed analysis of the history of abortion from ancient times through present day. The origins of the Roman Catholic Church's opposition to abortion are fully discussed as are the social events of the late 1960's and early 1970's that eventually led to legalization of abortion procedures with the 1972 Roe v. Wade Supreme Court decision. Following the historical analysis of the issue, both the pro-choice and the pro-life beliefs, and their foundations, are described in detail with supporting documentation and references. The essay concludes with pro-life supporting argument.
From the Paper "Abortion on demand is perhaps the most contentious issue ever faced by Americans and indeed the world. In the United States alone, approximately one in three pregnancies terminate in the abortion of the unborn child. This translates into approximately 1.5 million abortions each year. Translate the statistics to an international level and the number quickly rises to over 50 million. This data illustrates that abortion is a fact of life in modern times while at the same time presenting complex legal, political, and ethical issues by raising fundamental questions about the sanctity of life in general and the universal concern for human liberty. (Flanders 3) "
Abstract This paper discusses several of the court cases that were impacted by Roe v. Wade, with an emphasis on Sternberg v. Carhart. The initial law established by Roe v. Wade is evaluated and subsequent cases and their effect on women's reproductive rights is further examined. These issues include first and second trimester abortions and partial-birthabortions. The paper analyzes the opinions of the Supreme Court justices who heard Sternberg v. Carhart, and the court's ultimate decision.
From the Paper "Roe v. Wade, 410 U.S. 113 (1973), established that a woman's right to privacy extended to reproductive health and guaranteed that women had a right to abortion. This right to an abortion was not an unlimited right, but was the result of weighing the rights of the mother against the rights of the unborn child. Therefore, the Roe court determined that a woman had a virtually unlimited right to an abortion in the first and second trimesters, prior to fetal viability, but that a state could place restrictions on a woman's right to an abortion after a fetus was viable, in the third trimester. Id., 163-165. However, the Roe court acknowledged that medical advances might change the scope of the decision, especially in regards to Roe's trimester divisions. Id."
Abstract This paper examines the controversial debate over abortion in the United States, as well as the medical aspects of the procedure. The author discusses the difference between induced and spontaneous abortion, alternatives to surgery, the option of adoption, and various abortion rates on a global scale.
From the paper:
"In this day and age, women no longer need to experience giving birth to a child at all. With the legality of abortion, came the option of staying pregnant and giving birth or terminating the pregnancy in the early stages. Abortion is a highly controversial and personal decision. A decision that requires a lot of time for thought. The issue has brought upon a real life tug-of-war match between the pro-lifers and pro-choices. Those who support pro-life beliefs feel that abortion should be abolished and that the laws are too lenient. Those who support pro-choice believe that the decision should lie solely with the mother and laws should not limit her options."
Abstract This paper expresses strong opinions against abortion, equating it with murder. The writer first provides a definition of what abortion is and some background facts and figures about this phenomenon. It then presents the reader with the thesis statement that abortion does equal murder and provides facts to support this statement. The writer also describes personal examples of women who had gone through abortions and their stories.
Table of Contents
Introduction: Abortion Facts
Meaning of Abortion Thesis Statement: Abortion is Murder.
Definition of Birth Reasons why Abortion is Murder
Views and Feelings of Women on Abortion A Statistically Oriented Example
Conclusion
From the Paper "Abortion has been a topic of discussion for long enough to have some people feel that it has been a lifetime. However, that is not true; it goes way longer. Abortion in its own various, special forms has been carried out for as far as the human history can remember; though it is almost certainly true that many of us do not recognize the fact. I have heard from my teachers at school and read in many books that there was a time when new born, not even a day's old, offsprings who were either disabled, mutated or, in some civilizations, were girls, were buried alive, or left in the wild to "live out their destinies". The family or the tribe in which such a "demon" took birth thought it heretical and sarcastically sacrilegious when such a child was born in their community. And now, in these unspeakable days of "technology" and "modernism", as dubbed by many, we know, humorously speaking, sometimes even before the baby is conceived that we do not require it. It is sad, but that is really true. "
Abstract This paper explores whether policy endogeneity partially explains the negative relationship generally reported between parental involvement laws and abortion rates, since parental involvement laws are found to be negatively related to both teen and adult abortion rates. Since parental involvement laws may be more likely to be passed in jurisdictions with a higher level of anti-abortion sentiment, both the laws and anti-abortion sentiment may be responsible for lower abortion rates. To explore this possible interrelatedness, a religiosity-level variable was used as a proxy for anti-abortion sentiment, since anti-abortion sentiment might affect abortion rates directly and indirectly through the greater likelihood of the enactment of parental involvement laws.
From the Paper "The relationship of parental involvement laws and religiosity level to abortion rates was analyzed for teens and adults; regressions were estimated for four age groups: 15-19, 20-24, 25-29, and 30-34 years old. Residence county-level 1995 abortion rates were regressed against parental involvement laws and religiosity levels as well as several control county-level variables--restrictive public funding, unemployment rate, population density, percent of college graduates, extent of poverty, percent of married-couple families, and geographic region. The sample consisted of the 1,008 counties from the 17 states that reported abortion numbers by county and by age group."
Tags:abortion, involvement, laws, parental, rates, research, study
