Aborto en USA

UNIVERSIDAD CATOLICA DE SANTIAGO DE GUAYAQUIL
FACULTAD DE JURISPRUDENCIA, CIENCIAS SOCIALES Y POLITICAS
CARRERA DE DERECHO.
TRABAJO DE TUTORÍA
INGLÉS JURÍDICO
AMY MENDOZA RODRÍGUEZ
DOCENTE: Dra. Maritza Ginette Reynoso Gaute
CICLO: IX
PARALELO: “B”
SEMESTRE A-2022
Influence of the Supreme Court's decision in Dobbs v. Jackson Women's Health
Organization
In 1973, the U.S. Supreme Court's decision in Roe v. Wade recognized that the decision
to continue or terminate a pregnancy belonged to the individual, not the government. The
Court held that the specific guarantee of "liberty" in the Fourteenth Amendment to the
U.S. Constitution, which protects individual privacy, includes the right to abortion before
fetal viability. The Supreme Court recognized that the right to liberty in the Constitution,
which protects personal privacy, includes the right to decide whether to continue a
pregnancy. For the first time, it placed reproductive decision-making alongside other
fundamental rights, such as freedom of speech and freedom of religion, by granting it the
highest degree of constitutional protection, known as "strict scrutiny." At the time of the
Court's decision, nearly all states prohibited abortion except in certain limited
circumstances. Criminal bans on abortion contributed to the deaths of dozens of people
who were unable to access safe, legal abortion. Since the decision, these bans became
unconstitutional, making abortion legal, more accessible, and safer for many pregnant
women across the country. Soon after, abortion opponents pressed state and federal
lawmakers to enact a wide range of restrictive abortion laws attempting to reverse,
directly or indirectly, Roe’s guarantee of reproductive freedom. Lawsuits against such
restrictions multiplied, with some reaching the Supreme Court. A changing Court issued
a series of decisions diluting Roe.
In 1992, the U.S. Supreme Court issued Planned Parenthood of Southeastern

Pennsylvania v. Casey, which redefined several abortion rights provisions established in
Roe v. Wade. The decision reaffirmed that the source of the right to privacy that supports
a woman's right to choose abortion derives from the due process clause of the Fourteenth
Amendment to the U.S. Constitution, which places individual decisions about abortion,
family planning, marriage, and education within "a realm of personal liberty into which
the government may not enter." The ruling also revised the test courts use to examine
abortion-related laws, moving to an "undue burden" standard: a law is invalid if its
"purpose or effect is to place substantial obstacles in the path of a woman seeking an
abortion before the fetus reaches viability." Ultimately, the court upheld, of all the
provisions of the Pennsylvania statute, the requirement that a woman seeking an abortion
give informed consent, that a minor seeking an abortion obtain parental consent, and those
clinics provide certain information to a woman seeking an abortion and wait 24 hours
before performing the abortion. It also changed the trimester framework set out in Roe,
allowing states to regulate abortions before fetal viability as long as a “substantial
obstacle” or “undue burden" is not added.
The Supreme Court had repeatedly reaffirmed that the Constitution protected abortion as
an essential liberty, linked to other rights of freedom to make personal decisions about
family, relationships, and bodily autonomy. However, in June 2022 the Supreme Court
issued a decision in Dobbs v. Jackson Women's Health Organization, which overturned
Roe v. Wade Planned and Parenthood v. Casey, eliminating an established right; since it
determined that there is no right to abortion, which has been important to women's
freedom for half a century, because that right has safeguarded women, granting them the
ability to participate fully and equally in society. The Court by renouncing this
fundamental right, which it had repeatedly recognized and reaffirmed, the Court has
thrown the system out of balance, especially affecting the doctrine of stare decisis, which
is a fundamental pillar of the rule of law, even though the decision does not eliminate the
ability of states to keep abortion legal within their borders.
The only question the Court agreed to consider in the case, Dobbs v. Jackson Women's
Health Organization, was whether bans on all pre-viability abortions are unconstitutional.
The court held that legitimate state interests included "respect for and preservation of
prenatal life at all stages of development; the protection of maternal health and safety; the
elimination of particularly gruesome or barbaric medical procedures; the preservation of
the integrity of the medical profession; the mitigation of fetal pain; and the prevention of
discrimination on the basis of race, sex, or disability." However, the Supreme Court's
decision in Roe v. Wade unites a whole class of personal liberties, all part of the
Constitution's "liberty doctrine"; thus, if weakened or overturned, it would threaten the
constitutional foundations of a variety of other liberty rights, including the fundamental
right to marry, use contraception, and have children. The Court's decision is likely to lead
half of the U.S. states to take immediate steps to ban abortion altogether, forcing people
to travel hundreds and thousands of miles to access abortion services or to have
pregnancies against their will, a gross violation of their human rights.

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UNIVERSIDAD CATOLICA DE SANTIAGO DE GUAYAQUIL

FACULTAD DE JURISPRUDENCIA, CIENCIAS SOCIALES Y POLITICAS

AMY MENDOZA RODRÍGUEZ

DOCENTE: Dra. Maritza Ginette Reynoso Gaute

In 1992, the U.S. Supreme Court issued Planned Parenthood of Southeastern

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