Abortion
Abortion is the termination of a pregnancy prior to birth, resulting in the destruction of the fetus. Such termination may arise from spontaneous abortion (termed “miscarriage”), where the fetus is delivered due to underlying fetal or maternal factors. It may also be caused by purposeful conduct including self-induced abortion, or surgical or medical abortion, where the embryo or fetus is removed through the use of instruments or drugs due to medical concerns or a discretionary decision to end the pregnancy. Induced abortion has been practiced throughout history by ancient, medieval, and contemporary societies. Public opinion regarding the propriety of such elective abortion has varied, influenced by religion, philosophy, medicine, and culture. In 1973 the abortion issue was addressed by the U.S. Supreme Court in the landmark decision of Roe v. Wade, in which the Court asserted that the Constitution, pursuant to the Fourteenth Amendment due process clause, affords a woman the right to choose abortion, within the context of permissible state regulations that reflect the state’s interest in the life of the fetus and the health of the woman. While the Court undeniably reinforced its support of the constitutional core of Roe in 1992’s Planned Parenthood v. Casey, it also provided greater opportunity for state legislatures to regulate the manner in which abortions will be conducted.
Many commentators anticipated that Roe would serve to balance the competing interests of the woman, the fetus, and the state and bring resolution to the issue. Instead, abortion has become one of the most divisive and politicized issues in the nation in a variety of contexts. Those conflicts include the morality of aborting a “person” as stated by opponents of abortion called “pro-life” versus the contention by “pro-choice” groups that a woman has a constitutional right to reproductive freedom. The interests of the state and federal government in regulating abortions conflict with the woman’s ability to exercise her right of choice in a manner that is not unduly burdened. Further, a jurisprudential conflict exists as to whether the Supreme Court via Roe and its progeny violates the tenets of federalism, and whether Congress in issuing legislation like the Partial Birth Abortion Act of 2003 violates the Tenth Amendment reservation of powers to the states to handle those issues, such as family matters, to which the federal government traditionally does not assert jurisdiction. So strongly do these interests permeate the societal landscape that judicial nominees and elected officials are often ex- posed to a litmus test with regard to their abortion views.