Jonah Patel
The right to an abortion is a highly debated topic, with some arguing that it is a fundamental liberty protected by the Fourteenth Amendment, and others claiming that it is not mentioned in the Constitution. The Supreme Court has ruled that the government may regulate abortion but cannot override an individual's right to control their body and destiny. This essay will explore the arguments for and against abortion being protected by the Constitution and discuss the role of the Supreme Court in striking a balance between individual rights and government interests.
| Characteristics | Values |
|---|---|
| The right to abortion | The right to abortion flows logically from the right to bear and raise children |
| The right to bodily integrity | The right to control one's body and destiny |
| The right to reproductive liberty | The right to establish a family |
| The right to free choice in matters of family and childbirth | The right to choose whether to have an abortion |
| The right to equal dignity | The right to be treated with respect and dignity, regardless of one's decision to have an abortion |
| The right to autonomy | The right to make decisions about one's body and life |
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What You'll Learn
The Supreme Court's balance between individual rights and government interests
The Supreme Court has historically struck a balance between individual rights and government interests in the context of abortion. While the Court has recognised the government's interest in regulating abortion, it has also affirmed that the government cannot override an individual's right to control their body and destiny. This balance acknowledges the government's role in protecting potential life and the health of pregnant individuals while upholding the constitutional rights of adults to make decisions about their bodies.
The Fourteenth Amendment, as interpreted by Senator Jacob Howard, who played a central role in its drafting, guarantees individuals free choice in matters of family and childbirth. This interpretation provides a strong basis for protecting unenumerated fundamental rights, including reproductive liberty and bodily integrity. The right to bear and raise children and the right to abortion are seen as two integral aspects of reproductive freedom.
However, conservative originalists have denounced Supreme Court cases such as Roe v. Wade and Planned Parenthood v. Casey, which held that the right to abortion is a fundamental liberty protected by the Fourteenth Amendment. They argue that the protection of unwritten fundamental rights falls outside the judicial function and that the Court's rulings are unmoored from the Constitution.
Despite these objections, the Supreme Court has consistently maintained that the government cannot extinguish a fundamental right, and the case for doing so in the context of abortion is weak. The Court's rulings reflect a careful consideration of the balance between individual rights and government interests, ensuring that the government's role in regulating abortion does not supersede the constitutional rights of individuals.
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The right to bodily integrity
The Supreme Court has recognised that the government may regulate abortion, but it may not override or obstruct an individual's right to bodily integrity. This means that while the government has an interest in protecting potential life, it cannot do so at the expense of the rights of pregnant individuals to make decisions about their own bodies.
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The right to reproductive freedom
The right to abortion is considered a fundamental liberty protected by the Fourteenth Amendment. This amendment guarantees the individual free choice in matters of family and childbirth, in the same way that the freedom of speech includes the right to not speak. The right to bear and raise children and the right to abortion are two sides of the same coin, both integral parts of reproductive freedom.
Conservative originalists have denounced this interpretation, arguing that the protection of unwritten fundamental rights falls outside the judicial function. However, an originalist reading of the Fourteenth Amendment provides a strong basis for protecting unenumerated fundamental rights, including rights to bodily integrity, establishing a family, and reproductive liberty.
The Supreme Court has never recognised a compelling state interest that allows the government to completely extinguish a fundamental right, and the case for doing so in the abortion context is weak. Therefore, it can be argued that the right to reproductive freedom, including the right to abortion, is protected by the Constitution.
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The right to bear and raise children
> The right of “having a family, a wife, children, home,” [...] guarantees to the individual free choice in matters of family and childbirth, in the same way that the freedom of speech also includes the right to not speak.
The Supreme Court has never recognised a compelling state interest that allows the government to completely extinguish a fundamental right. While the government may regulate abortion, it may not override or obstruct an individual’s right to control their body and destiny.
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The Fourteenth Amendment
The Supreme Court has held that the government may regulate abortion but it may not override or obstruct an individual's right to control their body and destiny. The Court has also never recognized a compelling state interest that would allow the government to completely extinguish a fundamental right, and the case for doing so in the abortion context is weak.
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Frequently asked questions
Yes, the right to abortion is protected by the Fourteenth Amendment, which guarantees the individual free choice in matters of family and childbirth.
The basis for this protection is the originalist reading of the Fourteenth Amendment, which provides a strong basis for protecting unenumerated fundamental rights, including rights to bodily integrity, establishing a family, and reproductive liberty.
The Supreme Court has held that the right to abortion is a fundamental liberty protected by the Fourteenth Amendment. The Court has also struck a balance between an individual's constitutional rights and the government's interests in a potential life and a pregnant person's health, allowing the government to regulate abortion but not override an individual's right to control their body and destiny.
Conservative originalists have denounced the Supreme Court's rulings in Roe v. Wade and Planned Parenthood v. Casey, arguing that the protection of unwritten fundamental rights falls outside the judicial function.
The impact of this protection is that the government cannot completely extinguish the right to abortion, as it would be a violation of an individual's fundamental rights.
