Free Fairness of the Case Essay Sample
The issue of abortion, as presented in 1973 Roe v. Wade before the U.S. Supreme Court case, led to the legalization of abortion in the court ruling under the Fourteenth Amendment to the United State Constitution. This decision tends to be a convincing balance between safeguarding the pre-natal life and the mother’s well being in the perspective of religious beliefs and natural laws on rights to life. The liberty of an expectant woman to deliberately terminate the life of a fetus after a consented conception without any substantial medical risks is definitely wrong. Competence of the physician, place of abortion or the clinical security does not really validate the process but simply risks at hand to be avoided by the pregnant mother. Fully aware that abortion literally damages an existing living being; concerted efforts should be put in place to protect both lives (mother and child) as much as possible.
The efforts may include birth control pills to avoid pregnancy in women particularly those who either are not willing to conceive and carry the baby to a full term at that time, or are diagnosed with health complications. Considering these factors, only few cases of abortion which are medically proven might be realized. As much as this historic case has not illegalized abortion, it is imperative that its legibility should be understood after a serious deliberation and clinical diagnosis by the competent physician in respect to the above discussed factors.
Though it is widely believed that abortion during the first trimester is somehow safe and it is a subject of debate as to when life begins, the two bear no fact to support abortion. Similarly, the question as to when life begins, though not debated by this court case, should not be used in any way to legalize an abortion since the embryo presents living characteristics such as growth and development. Therefore, it does not justify the legality of abortion carried out at any stage during the three trimesters of pregnancy.
Fairness of the Case
The fairness of this court case lies in the fact that it has respected and incorporated views from several quarters hence making conclusion from a consensus. First, it is flexible enough to indicate the circumstances under which abortion should be carried out particularly when the developing embryo poses serious medical risks to the pregnant mother. The benefits, however, must outweigh that of the life within her womb. In such a situation, the mother’s life can not be considered in isolation excluding the fetus because the latter is considered a form of life. By covering both lives, this case has protected the pre-natal life and that of the mother.
The physicians are the next line of people protected by this court case since they are the ones who diagnose the risks involved in carrying the fetus to term and in case of a health risk, are to perform abortions. It authorizes the licensed physicians to judge whether the fetus can be carried to term or not. In the case of an abortion, the ruling requires a clinically hygienic environment for the pregnant mother as the physician professionally conducts an abortion without fear of possible prosecution as the case with a criminal abortion.
In summary, Roe v. Wade has promoted a lot of medical consultation and judgment by professional doctors by placing special emphasis on the best trimester for abortion, the right stage when life begins, and whether the pregnant mother needs a baby or not. It has therefore protected ante-natal lives without engaging in further debates.