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"To reach its result, the Court necessarily has had to find within the scope of the 14th Amendment a right that was apparently completely unknown to the drafters of the Amendment."
  William Rehnquist, Roe v. Wade


In January 1973, the United States Supreme Court declared in its majority decision in Roe v. Wade that state law making abortion procedures illegal violated a woman's right to due process prescribed by the 14th Amendment to the Constitution. Since this controversial decision, tens of millions of abortions have been performed in the United States.

Although abortion has been legal for more than 30 years, the issue follows candidates and elected officials at all levels of government whether or not they may eventually have the power to change the law. Most Republicans consider the Supreme Court's decision to be flawed in that it establishes a woman's right to have an abortion based on the notion of privacy and is yet another egregious example of judicial activism.

I consider abortion to be the termination of a human life, and I accordingly oppose it on moral grounds. Failing an outright ban, Republicans in Congress should support restrictions on the procedure. Partial birth abortion when the mother's health is not in danger, in particular, amounts to infanticide and was justifiably banned by the Congress.

In fact, the majority decision in Roe v. Wade actually made provision for the partial birth abortion ban by stipulating that "the decision leaves the state free to place increasing restrictions on abortion as the period of pregnancy lengthens, so long as those restrictions are tailored to the recognized state interests." State legislatures and governors closely reflect the will of the people and their values.

Also, since 87% of all abortions occur within the first trimester, conservatives should work toward achieving a combined goal of 100% within the first trimester and reducing the aggregate number of abortions. Too often, abortion is used as a form of birth control. More than 40% of American women have received an abortion and 93% of abortions are for non-medical reasons.

While Roe established a trimester system defining parameters within which states could limit abortion and even outlaw abortions from viability through birth, the Supreme Court's decision in a related case, Doe v. Bolton, defined the health of the mother so loosely as to include emotional, psychological, and familial considerations in addition to the woman's age.

There are alternatives to abortion such as adoption, the provision of financial aid to the mother, and counseling. The feminist rhetoric claiming abortion promotes women's 'reproductive health' devalues human life.

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Copyright © 2008 by Joseph D. Elie. All rights reserved.

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