A woman’s right to choose or the government’s?

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Mark Howard | Staff Writer

In the midst of a new pope, mass murders, Chris Dorner, gun control and abortion has taken a back-seat in the order of social issues.

This month the issue has resurfaced with an eruption.

Arkansas legislature has passed a bill to revise and toughen the already strict “deadline” for the abortion of a child/fetus.

The bill has marked Arkansas as a sort of ground zero in the battle over abortion rights and limitations in the country.

This March, Arkansas Gov. Mike Beebe issued veto of the controversial law.

Under the Arkansas Human Heartbeat Protection Act, which is scheduled to go into effect later this summer, women seeking an abortion who are at least 12 weeks pregnant will be required to undergo an ultrasound.

If a heartbeat is detected, the abortion would not be permitted.

Pro-choice groups were outraged and even puzzled that such a law would even be lobbied without consideration to the cases well known precedents.

“The bill is clearly unconstitutional, clearly inconsistent with Supreme Court precedent,” Pro-choice groups, citing Roe v. Wade and subsequent Supreme Court precedents, feel confident it’s a fight they will win.

Roe v. Wade a 1973 Supreme Court case that challenge the implement of state laws that criminalize abortion, on the basis that it is unconstitutional and in violation of the due process clause of the fourteenth amendment.

The ruling was upheld and the due process clause protects the right to privacy, including a woman’s right to terminate her pregnancy, against state action.

Do abortion laws that criminalize all abortions, except those required on medical advice to save the life of the mother, violate the Constitution of the United States?

Yes. State criminal abortion laws that except criminality. Only life-saving procedures on the mother’s behalf that do not take into consideration the stage of pregnancy and other interests, are unconstitutional for violating the Due Process Clause of the Fourteenth Amendment.

Does the Due Process Clause of the Fourteenth Amendment to the United States Constitution protect the right to privacy, including the right to obtain an abortion?

Yes. The Due Process Clause protects the right to privacy, including a woman’s right to terminate her pregnancy, against state action.

Are there any circumstances where a state may enact laws prohibiting abortion?

Yes. Though a state cannot completely deny a woman the right to terminate her pregnancy, it has legitimate interests in protecting both the pregnant woman’s health and the potentiality of human life at various stages of pregnancy.

Did the fact that Roe’s pregnancy had already terminated naturally before this case was decided by the Supreme Court render her lawsuit moot?

No. The natural termination of Roe’s pregnancy did not render her suit moot.

Was the district court correct in denying injunctive relief?

Yes. The district court was correct in denying injunctive relief.

The right to abort a pregnancy is and always should be a reasonable option available for that woman’s own consideration. But in the event that she does decide to abort, she should have made that decision to do such by the end/beginning of her first/second trimester.

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