Running Head: ABORTION 1
Abortion
Name
Institution
ABORTION 2
Abortion
Introduction
Abortion has been an issue in the United States since the Roe vs. Jane ruling of 1973. In
the past, the Supreme court’s position has acted as a guide for all state governments. This
discussion will evaluate the benefit of the Supreme Court’s position based on the law-based
principles of law precedence, the supremacy clause, federalism, and the tenth amendment.
Legal Precedence
The supreme court should have jurisdiction over all issues related to abortion because it
has made decisions beneficial to the states in the past. After the legalization of abortion in Roe
vs. Jane (1973), state governments were allowed to implement exceptions to the abortion law.
Whereas this gave the local governments the authority to modify the law in their social,
historical, and cultural settings, it resulted in the implementation of harsh and unreasonable
conditions meant to bar women from abortions. This forced the Supreme Court to modify the
abortion law in the Planned Parenthood vs. Cassey (1992) ruling. This ruling provided the undue
burden standard that could be used to evaluate state governments' restrictions on abortion laws.
In light of this, the supreme court should have the authority over all abortion laws. This is
because it has demonstrated the capacity to make impartial decisions that protect the interests of
the entire US population.
The Supremacy Clause
The supremacy clause establishes that federal law will always precede state law. This
implies that the supreme court will have superiority over some issues to the state courts. The
supremacy clause is the basis of preemption in the US judicial system. The supremacy clause
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gives the supreme court its mandate to act as the authority on the national position on specific
issues. For instance, the Dobbs vs. Jackson women’s health organization (2022) ruling stated that
all state governments have the power to regulate abortion within their jurisdictions (Jaffe, 2022).
The supreme court's decision overruled the Casey and Roe rulings done in the past. This implies
that state governments have the mandate to outlaw, mandate, or regulate abortion. This decision
will create a chaotic system as states assume varying positions on the matter (Jaffe, 2022).
Federalism
In the US, federalism refers to allocating power to the state and local governments. The
tenth amendment refers to the constitution's allocation of power to the federal government. Any
powers not given to the federal government in the constitution are assigned to the state
governments or the people. The tenth amendment may have been the basis of Dobbs vs.
Jackson's ruling. However, it was beneficial for the Americans for the Supreme Court to have a
position on the issue of abortion. This is because it provided a minimum standard that guaranteed
the safety of those that choose to conduct abortions (Forsythe, 2014). For instance, the Roe vs.
Wade (1973) ruling provided the trimester standard that divided pregnancy into three trimesters.
This was the first safe abortion standard in the US (Forsythe, 2014). Under this standard, states
could outlaw or regulate abortion after the second trimester. Similarly, the planned Parenthood
vs. Cassey ruling strengthened the Roe ruling by ensuring that states could not implement
restrictive measures on women seeking abortions.
Conclusion
In conclusion, the US supreme court should have the authority over all issues related to
abortion. This is because the court has proven itself capable through legal precedence. Further,
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with the supremacy clause, the court has the authority to ensure that all the state governments
implement its decisions. However, for this to be achieved, a constitutional amendment is needed
to ensure that the extent of its jurisdiction is clearly defined.
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References
Forsythe, C. (2014). The medical assumption at the Foundation of Roe v. Wade & its
implications for women's health. Issues in law & medicine, 29(2), 183–230.
Jaffe, S. (2022). Health Organizations fear effects of US abortion ruling. The Lancet, 399
(10338), 1854.
