RUNNING HEAD: Analysis on Supreme Court Rulings and State Laws Regarding

Abortion

Analysis on Supreme Court Rulings and State Laws Regarding Abortion

Alberto Duees Ibarra
University of Texas at El Paso

Analysis on Supreme Court Rulings and State Laws Regarding Abortion

Introduction and Background on Abortion

During the 20th and 21st century the United States have witnessed seemingly endless
arguments over the constitutionalism and legitimacy of abortion. States have enacted laws with
restrictions, however it is legal in every state. North Dakota allows an abortion to take place only
if it is prior to 6 weeks of gestation, while Washington D.C. and 9 other states have no
restriction. North Dakota outlaws abortion as soon as the heartbeat of the fetus can be detected,
which is as early as 6 weeks. Some states and people argue when the fetus is considered to be
alive. Abortion is allowed up until when the fetus is considered to be alive, once it is considered
alive it is no longer legal because it would be considered murder.
Supreme Court cases and multiple state laws will be analyzed on how they directly relate
and convey the same message. Important court cases like Gonzales v. Carhart, Ayotte v. Planned
Parenthood of Northern New England, Stenberg v. Carhart, and Roe v. Wade will be analyzed
along with Alaskas, Arizonas and other states laws on the issue.
Analysis on Sources
The court cases are simple, straight, and unbiased facts of events and actions taken by the
Supreme Court. All court cases are typographical sources, while the other elements will be a mix
of typographic and iconographic sources. Some other typographic sources are state laws from
North Dakota and other state laws concerning feticide, bodily injury, manslaughter, or
abortion. Notice that most laws came because of the very same court cases.
The message that both the court cases and laws give is that it is legal to have an abortion,
but health and life are protected over the right to have an abortion. So for example a pregnant

Analysis on Supreme Court Rulings and State Laws Regarding Abortion

woman cannot have an abortion after fetal viability (or the point where the fetus is considered to
be alive), however she can prior to it as long as the abortion does not endanger herself. The court
states it simply by claiming that it is a womans right to have an abortion, however the abortions
can be regulated by states in order to protect life. The state laws continue up on that, sharing the
same message, but actually stating when fetal viability starts.
There is a direct connection between the Courts Ruling and message and the State Laws
passed correspondingly. The state laws are a legal response that was backed by the courts ruling.
North Dakota has implemented laws that bans abortion as soon as the first heartbeat is detected
(around 6 weeks). Because the Supreme Court stated that states could implement their own laws
then it is perfectly viable for North Dakota to implement such law and it is backed by the courts
argument. However the court can challenge the law if they feel the state has misinterpreted the
message they originally gave.
Conclusion
The Supreme Court gave a general, and broad message with its rulings. The general
message was left for open interpretation. The Supreme Court can be seen as a poet, leaving that
message open for the readers, in this case the States, to interpret it. The states then after
interpreting it can make their laws based on it. And that is how the message that abortion is legal
was communicated.

Analysis on Supreme Court Rulings and State Laws Regarding Abortion

References
Abortion Restrictions in States. (2013, June 17). Retrieved February 25, 2016, from
http://www.nytimes.com/interactive/2013/06/18/us/politics/abortion-restrictions.html
Planned Parenthood Federation of America. (2014, January). Roe V. Wade History. Retrieved
February 20, 2016, from
https://www.plannedparenthood.org/files/3013/9611/5870/Abortion_Roe_History.pdf