No Roe?
Critical Analysis
According to the data from the chart above, identify the % of American adults in 2021 who said abortion should be legal in all/most cases.
Using the data from the chart above, describe one trend in the data between 1995 and 2021.
Explain why public opinion on the legality of abortion has been so consistent over the past 25 years.
Explain how public opinion on the legality of abortion impacts American elections.
Describe how party affiliation and religion impact opinion on reproductive rights (see charts below).*
Before Roe v. Wade (1973), different states had different laws on the legality of abortion. Explain the connection between these different laws and federalism?
Is there a federal law that protects the right to have an abortion and if not, then what made abortion legal in the United States?
The landmark Supreme Court case, Roe v. Wade (1973) ruled that In the first trimester of pregnancy, the state may not regulate the abortion decision; only the pregnant woman and her attending physician can make that decision. In the second trimester, the state may impose regulations on abortion that are reasonably related to maternal health. In the third trimester, once the fetus reaches the point of “viability,” a state may regulate abortions or prohibit them entirely, so long as the laws contain exceptions for cases when abortion is necessary to save the life or health of the mother. The constitutional right to privacy forms the basis of the ruling in Roe v. Wade, yet the words, “right to privacy” do not exist, word for word, in the U.S. Constitution. Where does the constitutional right to privacy come from, and what Amendments to the Constitution form the foundation of this right to privacy?
If we had a purely democratic system and took a vote on abortion’s legality, based on the data from the chart above, abortion would probably be legal. But we don’t vote on certain things, and certain rights are protected no matter their popularity. What is the name of the type of democracy which protects the rights of the minority?
A Texas law passed last week severely restricts the right to abortion in Texas, chipping away at the precedent created by Roe. The Supreme Court, in a four to five ruling, upheld the constitutionality of the Texas law. Besides legislation (state or federal law) and litigation (state or federal suits) by what constitutional process could abortion be regulated in the United States?
Learning Extension
Action Extension
It is unlikely that Congress will do anything about abortion, but President Biden may well appoint a member to the Supreme Court. Contact the President and share your opinion on reproductive rights and any future Supreme Court nominees.