tates’ Rights vs. Federal Jurisdiction – Please respond to the following:
Assume you are from the State of Texas. Based on this week’s scenario, the information provided below, and the knowledge gained from reading Chapters 2, 3, and 4, in your opinion present arguments for or against the following Texas law. Argue one side only.
(1) Is the State of Texas infringing on a woman’s Right to Privacy by making abortion difficult to perform in the state? Why or why not?
(2) How would you relate this law to the U.S. Supreme Court decision in Roe v. Wade?
(3) Is this Texas law just, and does it infringe on a woman’s right to choose? Be insightful. Conduct some research.
For background information on this issue, please see the below RESOURCES.
Information and Resources
Texas law: In the U.S. Supreme Court, case Planned Parenthood of Greater Texas Surgical Health Services v. Abbott, 13A452, the U.S. Supreme Court cleared the way on Tuesday, November 19, 2013 for the State of Texas to enforce a strict new abortion regulation that opponents say prevents a third of the state’s clinics from performing abortion procedures. The law requires hospital-admitting privileges from doctors prior to performing abortions.
This law forces a third of the state’s clinics to stop providing abortions. According to U.S. Supreme Court Justice Breyer, “it may substantially reduce access to safe abortions elsewhere in Texas.” Breyer cited a brief from Planned Parenthood that estimated that 20,000 women in Texas would be left without service abortions; http://articles.latimes.com/2013/nov/19/nation/la-na-scotusabortion-texas-20131120.
U.S. Constitution: The U.S. Constitution has specific rights, which are clearly stated. Alternatively, certain rights are implied and not very clear. However, over time judges have applied the following amendments such as the 1St Amendment, 3rd Amendment, 4th Amendment, 9th Amendment, and 14th Amendment to Due Process, Equal Protection and Right to Privacy.
Roe v Wade: The U.S. Supreme Court decision in Roe v. Wade (1973) ruled a Texas state law that banned abortions except to save the life of the mother unconstitutional. “The Court ruled that the states were forbidden from outlawing or regulating any aspect of abortion performed during the first trimester of pregnancy, could only enact abortion regulations reasonably related to maternal health in the second and third trimesters, and could enact abortion laws protecting the life of the fetus only in the third trimester.”
Gentle Reminder: For your primary post, make certain the questions (discussion topic) precede your responses. Write out each question, and then write your response below each question. There are two questions.
States’ Rights vs. Federal Jurisdiction – Please respond to the following:
From the following 4 topics, research one issue from the past three (3) months. What is or are the main point or points in the issue you selected? Discuss if you side with states’ rights or federal jurisdiction regarding this issue and why.
STUDENTS: This week we are studying our Federal system of government in Chapter 3. The federal government plays a role in making policy with states and local governments. With regard to the policy topics listed in the Main Discussion question above, the state governments and the federal government can either share similar views or disagree.
Take a look at some of these websites below to see how the Federal system works at many different levels of government with other state, national, or local entities to share and promote their respective policies and best practices at all levels of government.
National Conference of State Legislatures
National Governors Association
State and local government Web sites
Sustainable Communities Network
U.S. Conference of Mayors
State and local government
Supreme Court decisions
Information on state governments