Dr Andrew Glencross ~ [e-mail]

1
Government and Politics of the USA Hillary Term,
Lecture 32
Abortion
Dr Andrew Glencross andrew.glencross_at_eui.eu
2
Readings for today

• Required reading
• McKay chap. 14
• Singh chap. 16
• Additional resources
• Tony Kaye, Lake of Fire (2006)
• John Donohue and Steven Levitt, The Impact of
  Legalized Abortion on Crime, Quarterly Journal of
  Economic (2000)
• Leslie Reagan, When Abortion Was A Crime, 1997,
  (HL-200-583)

3
Agenda

• The Abortion Debate Another Case of American
  Exceptionalism?
• History of Abortion Policy
• Current Conflict Over Abortion Policy
• Developments in the 2008 Election

4
The Issues A Clash of Rights

• Pro-Life Fetal Rights
• vs
• Pro-Choice Reproductive Rights

5
Abortion American Exceptionalism?
Why So Controversial?

• Well Organized Lobbies Pro-Life and Pro-Choice
  conduct a very public and fractious debate over
  abortion, has even spilled over into violence
• Highly Divided Public Opinion 57 think
  abortion should be legal in most/all cases, 40
  think opposite, also important factor for voting
  45 consider it extremely/very important
• Federalism Roe v. Wade was a SC decision that
  overturned a state statute, sometimes seen as a
  case of judicial activisim, could potentially be
  overturned by new ruling, composition of SC
  crucial

6
History of Abortion Policy

• Legislation for abortion, as with contraception,
  traditionally a matter for the states
• By 1900 most states had criminalized abortion but
  throughout 20th century illegal abortions
  performed
• Late 60s/early 70s number of states reform
  abortion law decriminalizing it under more
  liberal conditions, leads to women traveling to
  other states for terminations
• Case brought to SC in 1973 Roe v. Wade,
  challenge to Texas statute outlawing abortion
  except to save the mothers life

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History of Abortion Policy Roe v. Wade

• The Ruling 7 to 2 majority, deemed that
  abortion was part of a citizens right to privacy
  in family matters, interpretation based on due
  process clause of 14th amendment
• Right to privacy seen as fundamental but not
  unqualified during first trimester womans
  choice is absolute but thereafter, when fetus
  becomes viable state can restrict that choice
• Thus SC rejected notion of fetus as a person with
  right to life this was not original intent of
  14th amendment
• Dissent two justices argued the SC created a
  constitutional right from nowhere and that
  historically the 14th amendment not intended to
  deny states prerogative in this area given the
  plentiful existence of state prohibition of
  abortion in 1868

8
Current Conflict Over Abortion Policy

• State Legislation many states have placed
  restrictions on abortions, eg parental
  involvement for minors, mandatory waiting periods
  and counselling, SC has found restrictions on
  access legal as long as they do not place undue
  burden on women
• Federal Funds 1976 Fed govt passed legislation
  denying states right to use Medicare funds for
  abortion, upheld by SC
• State Testing of Roe v. Wade in 2006 S. Dakota
  passed law making abortion a felony as deliberate
  challenge to SC, but was never tested as state
  referendum overturned law by 56 to 44
• Composition of SC justices views on abortion
  closely scrutinised at each new nomination, since
  80s more conservative Court, National Abortion
  Federation claims only 3 are explictly pro-choice

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Current Conflict Over Abortion Policy

• Partial Birth Abortions in 2003 Congress banned
  so-called partial birth abortions, occurring in
  2nd trimester, upheld as constitutional by SC in
  2007 Gonzales v. Carhart
• First time Congress has legislated on abortion,
  resisted by most pro-choice groups as thin end of
  the wedge, yet at time 62 thought procedure
  should be illegal
• Parties and Presidents all Rep Presidents
  except Nixon opposed Roe decision, all Dem
  Presidents supported it, Reps official platform
  is for constitutional amendment banning abortion,
  Dems pro-choice
• Abortion and Crime Donohue and Levitt article
  claims 50 of reduction in US crime since 80s
  related to legalisation of abortion

10
Developments in the 2008 Election
Race and Patriotism

• Anti-Americanism? Obama controversy over his
  local pastors God Damn America and 9/11 as
  just retribution
• Obamas Response in no other country on Earth
  is my story even possible but also
• I can no more disown him than I can disown the
  black community. I can no more disown him than I
  can my white grandmother
• Comments reflect the complexities of race in this
  country that we've never really worked through --
  a part of our union that we have yet to perfect.

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Next Week

• Back to Simon
• Good luck in the Final Exam