Jane Roe Abortion Case Study

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In 1973, the Supreme Court made a historical decision that not only affected abortion rights, but also society. This decision changed the way women terminated their pregnancies. In addition, it made justices feel conflicted when deciding right from wrong. In 1970, the Supreme Court granted a certiorari where they later ruled in favor of Jane Roe and determined their majority, concurring and dissenting opinions in regards to the case. Before appealing the case to the Supreme Court, Jane Roe’s case had been granted a declaratory relief from the U.S. District Court for the Northern District of Texas. This meant that the district court had agreed with Roe that the law in Texas regarding abortion rights was unconstitutionally imprecise and violated Roe’s right to privacy under the ninth and fourteenth amendments. On the other hand, the district court did not authorize Roe an injunction that would allow her to terminate her pregnancy; therefore, violating…show more content…
Justice Harry A. Blackmun was chosen by the court to write the majority opinion. However, Blackmun argued that a majority opinion could not be decided yet because abortion rights were obscure in the constitution. In addition, the Court had not deliberated whether abortion was a fundamental right; therefore, Blackmun suggested that the court wait to rehear the case with all nine justices present to determine a definite opinion. On January 22, 1973, the Supreme Court ruled in favor of Jane Roe and agreed that the Texas law was unconstitutional because women have the right to put an end to their pregnancy as guaranteed in the Due Process Clause, which secured the right to privacy. Overall, the Supreme Court stated that it was not in the interest of the state to make regulations regarding abortion rights in a woman’s first trimester of pregnancy and only licensed physicians were able to perform abortions under proper medical
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