Essay on state abortion statute
Essay on state abortion statute
Synopsis
You can use Activity 13.1 to apply the Casey rulings to a fictitious state abortion law. It is expected of students to assume the following information. The state legislature just passed a law pertaining to abortion. The governor has signed that statute, and it is presently operative. I will attach a word document with the questions and the picture of the material you need to read.
Question One
As noted by Harris, (2013), the state made decisions to protect the life of a potential being from being done away with through abortion.
According to Harris (2013), the government took action to prevent abortion from taking a potential being’s life. When implementing this, there is one exception that can be taken into account, and that is only in cases where the mother’s life is in jeopardy. According to some medical evaluations, the mother will die if the fetus is not aborted; in this scenario, the mother’s life is prioritized. In the scenario where the mother experienced rape or incest, another argument is made. Essay on state abortion statute.
This allows one to perform an abortion operation for a large amount of time before the fetus is deemed to be viable. However, in the event that the mother chooses to wait until the child becomes viable, the state is required to take all necessary precautions to preserve the potential life. If these allegations are any indication, the Reproductive Rights Association (RRA) is more likely to lose. This is due to the fact that the state is required to safeguard the fetus and forbid abortion if it develops to the point where it is viable and starts to resemble a human.
Question Two
Another argument would be based on the prohibition of all abortions that are sought for the purpose of sex selection, which is regarded as unconstitutional and prohibits abortion before the fetus reaches the point of viability
Another argument would center on the idea that all abortions performed for sex selection should be illegal since they are considered unconstitutional and forbid abortions performed before the fetus reaches the point of viability. Given that a woman is legally entitled to choose whether to have an abortion or to wait until the fetus is deemed viable, the Reproductive Rights Association (RRA) is likely to prevail in this case (Harris, 2013). The woman’s choice to abort before the fetus becomes viable cannot be influenced by the state.
This is the only situation in which the state cannot impede the decision-making process—that is, if the decision to abort is based only on sex selection. Women are granted the ability to make their own decisions under a section on their right to privacy in the United States Constitution. The Human Rights Constitution includes this clause. If the RRA bases their arguments on the American Constitution’s guarantees of women’s privacy and autonomy over reproductive choices, they stand a good chance of winning. Essay on state abortion statute.
Question Three
The other argument is based on the 48 hours waiting period that is provided, which is considered as an obstacle and burden to the abortion before viability is reached.
The other argument is on the 48-hour waiting time, which is seen as a hardship and barrier to the abortion process before viability is attained. It is anticipated that the Reproductive Rights Association (RRA) will prevail in this lawsuit, with the goal being a reduction in the waiting hours to a more appropriate duration. One of the earlier decisions covered in this chapter is the state of Pennsylvania’s, which maintained the mandate that a 24-hour waiting period must pass before obtaining an abortion procedure (Harris, 2013). Essay on state abortion statute.
The fact that the woman’s right to an abortion was not unnecessarily burdened is one of the reasons it granted after this decision. The wisest course of action would be to shorten the waiting period to a meaningful amount of time based on this logic and assertion. One advantage of this time decrease is that, unlike when the waiting period is 48 hours, the lady would only experience discomfort for a brief length of time. Furthermore, the woman would not be in danger of losing her life and would not endure as much suffering.
Question Four
The other argument is that of the undue burden and barriers that are brought about by the prior requirement for written consent by a parent or guardian of a minor.
The other argument is on the excessive difficulty and obstacles caused by the previous necessity for written agreement from a minor’s parent or legal guardian. In order to prove that the fetus had not reached the point of viability prior to the abortion operation, the court must also provide previous written consent.
The state of Pennsylvania brought forth a case that is discussed in this chapter, arguing that “a written parent or guardian consent must be obtained before an abortion procedure is done to a woman.” It is important to remember, nevertheless, that this is only necessary for minors who are younger than eighteen and unable to make their own decisions. Essay on state abortion statute.
Should this not be feasible, the court may also provide permission for an abortion to be performed on a minor who is younger than eighteen (Harris, 2013). The Reproductive Rights Association (RRA) is likely to lose their claim on the procedure that should be followed when seeking the clearance for an abortion process to a minor based on this argument and other cases that have been arbitrated on the same.
Question Five
Another argument that the Reproductive Rights Association (RRA) brings to the table is that of the usage of state funds to conduct a campaign to discourage abortion in the entire country.
The Reproductive Rights Association (RRA) also makes the case that public monies should not be used for an anti-abortion campaign that targets the entire nation. They claim that this is unconstitutional since they are forcing a campaign on people who may not even be interested in it or who may disagree with the pledges made. This is done with taxpayer money. Abortion is referred to by many people worldwide as a very bad act, with the majority of the term being insulting and going against moral ideals.
It follows that we should define and establish our own moral standards that we should abide by, and that the government has no duty to meddle with them. The government is also not allowed to utilize taxpayer funds to fund an anti-abortion campaign in an attempt to force its people to share its viewpoints. The ideal course of action in this case is that, as long as people are abiding by the law, they should be able to freely choose to do so rather than having the government impose it on them. If the RRA chooses to correct their facts and reasoning, they have the best chance of winning this claim. Essay on state abortion statute.
Question Six
The last argument is on the ethical principles that are associated with this case, which range from justice, beneficence, and non-malfeasance.
The final point of contention centers on the moral precepts that apply to this situation, including beneficence, fairness, and non-malfeasance. First of all, the concept of beneficence enhances life quality and lowers the likelihood of illness, immobility, sores, or even death in the event of an abortion; for this reason, the mother’s health should come first when considering beneficence. However, when it comes to women’s rights and privacy, the principle of fairness suggests that the law be upheld in its entirety as stated in the US Constitution. Essay on state abortion statute.
Justice is also served when the court is required to approve an abortion procedure, particularly when a minor child is involved. According to the principle of non-malfeasance, it is everyone’s responsibility to never cause another person grief or harm. This implies that the lady having the abortion should be given first consideration and that one should think about not hurting or upsetting her during the process.
References
Harris, D. M. (2008). Contemporary issues in healthcare law and ethics.