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Abortion Rights

Does the argument belong in the public domain?

+Attacks on Abortion Clinics

Do that actions discussed in the video allow him to be pursued for terrorism under the Patriot Act?

+Actions of the Court

Judicial Activism – Interpretation that the spirit of the times and the needs of the nation can legitimately influence judicial decisions As society progresses our laws must as well

Judicial Restraint – Interpretation that emphasizes the limited nature of the court's power The court should rule on law not create law

+Comstock Act (1873)

Be it enacted… That whoever…shall sell…or shall offer to sell, or to lend, or to give away, or in any manner to exhibit, or shall otherwise publish… or shall have in his possession…an obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing or other representation, figure, or image on or of paper or other material, or any cast instrument, or other article of an immoral nature, or any drug or medicine, or any article whatever, for the prevention of conception… On conviction thereof in any court of the United States…he shall be imprisoned at hard labor in the penitentiary for not less than six months nor more than five years for each offense, or fined not less than one hundred dollars nor more than two thousand dollars, with costs of court.

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What state was the first to have an abortion performed once limitations were removed?

+Griswold v Connecticut (1965)

Overruled a state law banning the prescription of or counseling about contraception Connecticut law intruded on marital privacy Violation of the 14th Amendment Lewd and lascivious

Rick Santorum

Judicial restraint or activism?

+Roe v Wade (1973)

Jane Roe (Norma McCorvey) Texas law banned all abortions except those necessary to

save the life of the mother. Trial was brought on her behalf by lawyers from the

University of Texas Wade was the DA for Dallas County, TX

The case went all the way to the Supreme Court.

The Supreme Court ruled it to be unconstitutional to outlaw abortions based on the 14th Amendment.

Judicial restraint or activism?

+Roe v Wade (1973)

Justice Scalia Judicial restraint

President Obama Judicial activism

+Planned Parenthood v Casey (1992)

In Pennsylvania women were required to notify their spouse before they were allowed to receive an abortion The law was overturned by the Supreme Court because it

was deemed unduly burdensome Minors are still required to notify their parents as stated in

Pennsylvania law

Judicial restraint or activism?

+Partial-Birth Abortion Ban Act of 2003

Take place after 16 weeks

Poses serious risks to the health of a woman undergoing the procedure

There have been no articles published in peer-reviewed journals that establish that partial-birth abortions are superior in any way to established abortion procedures

+9th Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Because all rights cannot be known, and therefore cannot

be recorded, the 9th Amendment is a protection of all individual rights

+14th Amendment

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

+Essential Questions

Should the United States Government play a role in the human experience from conception to death, and decisions made concerning abortion?

How would you change current laws regarding abortion if it was within your power to do so?

+State Anti Abortion Restrictions

Mandatory waiting periods

Counseling sessions

Parental consent or notification laws Can pose a particular hardship for teenagers from troubled

homes, including incest victims

Clinic “safety” rules Governing such things as the width of hallways and the

amount of storage space for janitorial supplies

Prohibitions on abortion coverage in insurance policies.

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+Controversy in Society

Abortion is one of the most hotly contested issues in the United States today

Many have very strong beliefs, making the issue extremely polarizing

+Pro Life

Personhood begins at conception, and therefore abortion is the immoral killing of an innocent human being Heart begins beating at 21 days

Abortions cause psychological damage Women who aborted are 154% more likely to commit

suicide

Reduce the number of adoptable babies Two million couples are waiting to adopt, and only 134,000

US children were available to be adopted

Ronald Reagan

+Pro Choice

Personhood begins at birth, not at conception Personhood at conception is not a proven biological fact

Abortion is necessary because contraceptives are not always readily available Women need a doctor's prescription to obtain many birth

control methods, half of all large group insurance plans do not cover any form of prescription contraception

A baby should not come into the world unwanted. Having a child is an important lifelong decision that

requires consideration, preparation, and planning

Not in her shoes

+Write your own abortion law

As a group write the abortion that that you would like to have governing the right to abortion Must adhere to all current abortion law discussed in class

One to two paragraph law May be as restrictive or open as your group decides