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Is Abortion Legal in the US?

10/15/2018
Is Abortion Legal in the US?

Nowadays, abortion is a legal procedure for women in the United States. However, it is possible that in the nearest future abortions in the US will have serious restrictions, which will limit the women's right to have an abortion. Because of the conflicting opinions of the medical experts and politicians, it is possible that abortions will cease to be legal and will be banned. There are opinions, that in more liberal states women will continue to have the right to have an abortion, and those women, who live in more conservative states or in some remote areas, will have to travel far from their locality to have an abortion or will try to find any illegal ways for having an abortion.

Many experts say that the US states have fairly conservative laws related to abortions, so there are many comments regarding the consequences of the repeal of the Eighth Amendment of the Constitution. It prohibits abortions in most cases. But, in fact, at present time the American law, which is connected with the woman’s right to an abortion, is one of the most permissive in the world.

In 1973, the US Supreme Court took responsibility for the abortions regulation in the United States and it makes all the decisions concerning abortions. The Supreme Court asserts that there exists the right to the woman’s privacy and, therefore, a woman has the right to an abortion in the case if she has certain circumstances, which force her to terminate her pregnancy.

In the political sphere the opinion about abortions is very controversial and debated, as many politicians have different arguments that relate to the woman’s right to have an abortion.

In 1992, it became known about the case of the Planned Parenthood v Casey and then some aspects related to abortions were changed. The right to abortions began to be based on the woman’s constitutionally protected freedom.

Thanks to Casey, it was announced that an unreasonable burden related to the right to abortion could not be imposed on a woman.

Despite some arguments, in fact, the restrictions related to the abortions were never supported by the US Supreme Court.

It should be taken into consideration, that there are cases when a pregnancy is dangerous for the woman's life and the abortion is vital, when it is necessary for the woman’s life and health. For such women the court and the state can change the conditions associated with abortions and the abortion in this case will be legal.

Since the definition of the term "health" encompasses all the aspects of the well-being of women, including family aspects and economic aspects, political experts consider that all the aspects connected with women’s health should be accompanied by any restrictions on abortions at all the stages of women’s organism development.

Many states have accepted a number of laws in order to protect the rights of unborn children, although the federal courts often accept such restrictions as unconstitutional.

In fact, the restrictions on the women’s right to abortions in the US have never been supported in the US Supreme Court.

Regarding the legal protection of the mothers and the unborn children, the country, which has become the model for this aspect among the countries all over the world, is considered to be Ireland. The Irish medical and political experts did not accept the false notion of "conflict between the mother and the fetus," as it is considered that this notion places the mother and the child’s interests against each other.