States Test Limits of Roe v. Wade

With the nation embroiled in intense debate over spending and the economy, social issues have taken a backseat to fiscal battles. However, despite the lack of visibility, numerous abortion related campaigns are ongoing around the nation. After decades of futile attempts to stack the Supreme Court with anti-abortion judges, opponents of abortion have switched tactics and are pursuing a variety of legislative strategies at the state level. Common strategies are the limiting of the time period when an abortion can be performed, and attempts to influence the mother to keep the fetus.

South Dakota has just passed a law that implements a three day waiting period before an abortion, and will force women to undergo mandatory counseling at an anti-abortion pregnancy center. Another bill aimed at dissuading women from going through with abortions seems likely to pass in Florida. That bill mandates that women undergo an ultrasound and have the images of the fetus described to them.

Other bills attempt to limit the availability window of abortion. In Idaho, the state house passed a law that would ban abortions after the 20th week of pregnancy, except for cases when the mothers health or life are in jeopardy. The law was strongly criticized by abortion advocacy groups over the lack of a rape or incest exception. More radical bills are being considered in Alabama and Ohio. In the Heart of Dixie, lawmakers are considering a personhood bill defining a fetus as a legal person, therefore directly challenging Roe v. Wade. In Ohio the legislature is looking at a heartbeat bill that would ban all abortions after the fetus develops a heartbeat. Since a fetal heartbeat can be detected six to eight weeks into the pregnancy, this law would effectively stop abortion in Ohio.

All of these laws are likely to face legal challenge from pro-abortion groups and wind their way up the legal system with the Supreme Court ultimately deciding the full extent of Roe v. Wade, and the limits states can place on abortion. The next few years will be critical in determining the full extent of abortion rights in America, but with the nation split down the middle on the issue, a resolution to this culture battle seems unlikely in our lifetime.

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Categories: Abortion

19 replies »

  1. Though the language you use in your post hints at your thoughts on this issue, Zazu, I’m curious what your actual position is on the attempts by states to restrict abortion.

    • Like most Americans I am kinda mixed on the issue. I do not think abortion is murder, nor do I think it is a harmless medical procedure. I think it is a morally gray area, can cause lifelong psychological harm to the woman, and as a medical professional I would not chose to perform one. That said I support abortion in cases of rape/incest/mothers health, and would not ban abortion completely, I cannot tell a 15 year old homeless girl she must raise a child. Basically, I think abortion is a necessary evil, and we should do all we can to limit it without actually making it illegal. I am not moderate or squishy on it, I just think its a nuanced problem with no one sentence solution.

      • Thank you, Zazu.

        I would respond similarly on the matter in the context of the societal issues surrounding abortion. On the personal level, I do believe that there is a point in the development of a fetus where it becomes distinct life and after that point, an abortion would be the taking of a life.

        From my perspective, laws that address the issue reasonably – from requiring that a woman receive information about the effects that abortion may have and the alternative of adoption – make sense. So do laws that establish well founding criteria for determining that the fetus represents a human life and therefore an abortion beyond that point is unacceptable – excepting, as you noted, for cases where a woman is endangered by the pregnancy or in circumstances where the woman was unable to abort prior to that point and the pregnancy is a result of a violation against her. Furthermore, laws that prohibit government funding for abortion services make sense as well.

  2. Seems maybe, the abortion hassle reflects the strains of shifting from no-sex-outside-marriage over to Let’s All Play now that birth control is cheap, easy and reasonably reliable. And we aren’t too likely to shift back, are we? We’re not great at self-denial.
    Folks once exposed unwanted babies in the woods, especially, girls. We, who have aborted (easier than saying: “killed”) about 50,000,000 babies since Roe vs. Wade, consider such woods-exposing barbaric, naturally. And the girls are now the ones making the decisions. Another of those compassionate Progressive policies…

    • The no sex before marriage battle was lost decades ago. Premarital sex is pretty much universal, I do not think you can put the lid back on that one. With modern birth control though, there is really no reason for unexpected pregnancy, sex ed is the key.

  3. Roe v. Wade HAS NO LIMITS! It is NOT law. It needs to be IGNORED!!! We need prosecutors with guts to prosecute all abortions for what they are — MURDER. See, please, ignoreroe.com.

    John Lofton, Editor, TheAmericanView.com
    Communications Director, Institute on the Constitution
    Host, “TheAmericanView” radio show
    Recovering Republican
    JLof@aol.com

    • Well that is just absurd, but you know that already don’t you? What are you going to do, slap handcuffs on women going out of abortion clinics? As long as Roe v. Wade stands, abortion is for better or worst considered a civil right by the government. Attempts to ignore the law will just get you an ACLU lawsuit.

  4. When states outside the Bible Belt start asking for these types of law. It may signal that the citizens want a law like these. What’s wrong with requiring a period to have a waiting period, most states do on marriage. Seems logical to ask the lady to rethink before acting. Once the living human is destroyed, there is no chance to reverse. The only chance for reversal is before the act of evil.

  5. I don’t struggle with it. Because of my science background, life begins at conception. Once it develops to response to stimulation, there is life. To do an abortion fits my definition of evil which is anything that destroys is evil. There is no way to know what the future is and abortion is an attempt to control the future. If I had a canine bitch that was pregnant, I wouldn’t abort the puppies nor would I put them a bag and throw them away or drown them. Again, that is evil.

      • Yes, what about it? (And rape claim is a slippery slope, but for the sake of argument let’s say it was every bit the true, horrible definition of it.) It’s not the fetus’ fault how he/she was conceived. Rape is already a violent act. Why should it beget another?
        Carry the baby to term, and give it up for adoption.

      • Rape is not the developing human’s problem. Rape is a violent act against another and evil. The new person coming from that act has an opportunity as all new humans to become a functioning adult. No one knows its future, give it a chance. If one of my daughters is raped, I’ll gladly raise my grandchild and it give all the nurturing possible. The problem will come from my daughter’s view if it is different from mine.

  6. As both a Christian and a conservative, I believe innocent life to be sacred whether it be inside or outside of the womb (just a matter of geography). And anything that can be done to limit, constrict, halt, or otherwise diminish infanticide in the womb is definitely fine by me.

    My wife very narrowly escaped being aborted, and her mother and her are about as pro-life as you can imagine. And as a former fetus myself who is glad to be alive, I concur with their beliefs.

  7. Abortion is the taking of a human life. One of those places where faith and science overlap.

  8. “My baby is pro-choice” (as Long as you Choose Life!)
    Goth chick missing the irony.

    • Well, I’m pretty sure all fetus’ would be pro-life if they had the ability to vocalize as they faced eminent death. The most dangerous place in America today is in your mother’s womb. What a sad truth that is to contemplate.

  9. we all should stand together for this.

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