An Analysis of the Abortion Issue in America: Judicial Activism from the Perspective of Conflict of Rights

Abstract

Abortion has been recognized as the most controversial and emotional issue in the United States, debate of which has lasting for three decades. The overturning of Roe v. Wade is considered to be one of the major goals of the Republican presidential campaign. As a country with many parties and religions, the debate of abortion has been a constant battle ground between warring factions. Since Roe v. Wade, the pro- and anti-abortion sides have used the right of patients to autonomy and privacy and the unborns right to life as arguments, triggering a debate over the right to choose and the right to life. However, there are also more views that the issue raised by the Supreme Courts overturning of Roe v. Wade is actually a question of whether the law interferes excessively in political issues. Does it infringe on the legislative power of the states and even the spirit of democracy? This paper attempts to start from the appeal of right protection, go back to the Warren Court, and think about the changes of the meaning of right under judicial activism, so as to carry on the discussion of democracy and freedom.