Dr Andrew Glencross ~ andrew.glencross@eui.eu

Abortion

Government and Politics of the USAHillary Term, Lecture 32

Required reading…

–McKay chap. 14–Singh chap. 16Additional 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)

Readings for today

• The Abortion Debate: Another Case of American Exceptionalism?

• History of Abortion Policy

• Current Conflict Over Abortion Policy

• Developments in the 2008 Election

Agenda

The Issues: A Clash of Rights

Pro-Life: Fetal Rights

vs

Pro-Choice: Reproductive Rights

Abortion: American Exceptionalism?• 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

Why So Controversial?

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 mother’s life

History of Abortion Policy: Roe v. Wade

• The Ruling – 7 to 2 majority, deemed that abortion was part of a citizen’s 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 woman’s 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

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

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, Rep’s 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

• Anti-Americanism? Obama controversy over his local pastor’s “God Damn America” and 9/11 as just retribution

• Obama’s 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.

Developments in the 2008 Election

Race and Patriotism

• Back to Simon

• Good luck in the Final Exam

Next Week