In regards to abortion the courts governs well by allowing women the right to abortions. For instance, “In 1973, Roe v. Wade, the U.S. Supreme Court found a right in the U.S. Constitution for a pregnant woman, in consultation with her doctor, to terminate an unwanted pregnancy. In the forty plus years since the decision, the Court has repeatedly upheld that basic right” (Rosenberg). Moreover, “In the early 1970s, the Supreme Court agreed to hear two cases challenging laws that restricted abortions” (Rosenberg). In Roe v. Wade, the Supreme Court considered a challenge to a Texas law outlawing abortion in all cases except those in which the life of the mother was at risk (Rosenberg).
Roe vs. Wade is the highly publicized Supreme Court ruling that overturned a Texas interpretation of abortion law and made abortion legal in the United States. The Roe v. Wade decision held that a woman, with her doctor, has the right to choose abortion in earlier months of pregnancy without legal restriction, and with restrictions in later months, based on the right to privacy. As a result, all state laws that limited women 's access to abortions during the first trimester of pregnancy were invalidated by this particular case. State laws limiting such access during the second trimester were upheld only when the restrictions were for the purpose of protecting the health of the pregnant woman. Roe v. Wade legalized abortion in the greater United States, which was not legal at all in many states and was limited by law in others.
Roe vs. Wade first went through federal court, and then it was appealed to the Supreme Court. McCorvey believed Texas abortion law was unconstitutionally vague, and violated her right to privacy. She also wanted to obtain an injunction to prevent Wade from enforcing the law, but it was never issued (“Roe v. Wade” par. 2). McCorvey and her attorneys relied on precedents such as Griswold v. Connecticut and Eisenstadt v. Baird, as well as important constitutional amendments to win the
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
Since the Roe vs Wade case in 1973, the issue of a woman’s decision to have an abortion has been legalized at the federal level. States do have the right to place restrictions on obtaining abortions. In 2013, Texas passed abortion clinic regulations that reduced the clinics in number from forty-one to nineteen. The right to life of an unborn child should be guaranteed and abortion should be outlawed. It is inhumane to end a defenseless human life if the mother’s life is not endangered.
In the Roe v. Wade decision of 1973, the United States Supreme Court ratified the legalization of abortion nationwide and decreed that all women had a right to safe legal abortions on demand without state interference. This meant that, the unborn child was not a person in the eyes of the law and was therefore not entitled to protection guaranteed by the U.S. Constitution until it reached the point of viability. The Roe decision defined viability as occurring between 24 and 28 weeks of gestation (Wood 1980). The case involved an unmarried pregnant woman who was given the pseudonym “Jane Roe” in order to maintain her anonymity, but who has since publicly identified herself as Norma McCorvey. Jane Roe, a resident of Texas, wished to terminate her pregnancy by seeking the services of a competent, licensed physician, under a safe medical environment.
For the past forty years, abortion has been a topic of great discussion in the subjects of ethics, politics, and law. This is largely attributed to the landmark decision made by the supreme court in the famous Roe v. Wade case where it was decided that women have the constitutional right to an abortion during the first two trimesters of pregnancy provided it follows the regulations put in place by the state. This case has been contentious since the court passed down its decision in 1973. The deep political divisions that the case created reflect not only conflicting social and moral views, but conflicting views of law as well. Supporters of the decision believe a woman 's right to choose whether to have an abortion or not is a fundamental right,
With almost half the nation divided among their views, abortion remains one of the most controversial topics in our society. Since Roe v. Wade, our views in society as well as following court cases have been progressing toward the woman’s right to choose. The precedent set by Roe v. Wade made the Supreme Court acknowledge that it cannot rule specifically when life begins and it also affirms that it is the woman’s right to have an abortion under the 14th Amendment. In the 1st Amendment, the Establishment Clause forbids the government from passing laws “which aid one religion, aid all religions, or prefer one religion over another”. Many Christian pro-lifers use their religious beliefs to dispute when life begins.
Abortion was constitutionalized in 1973 after one of the most intensely debated United States Supreme Court decision, Roe v. Wade, in which the court ruled that women have the right to an abortion free of interference by the state. It allowed women to abort within the first twenty-four weeks. However, it allowed states to regulate abortion (who, where, when, why) during the second trimester. It also gave states the right to ban most abortions in the third trimester; the abortion procedure was considered a risk for both, the baby’s health and the mother’s health, at the third trimester (Should Abortion Be Legal). Lastly and more importantly, women were given independence and the ability to choose when and whether to have children.
Roe wanted to terminate her pregnancy through abortion which was prohibited in the state of Texas unless it was to save the life of the pregnant woman. She challenged the law with her attorney Sarah Weddington, used the constitution to make strong argument for her client against the state of Texas concerning abortion. This case went all the way to the Supreme Court where the arguments for each side were heard twice. Weddington, Roe attorney not being strong in her first argument came back in the second argument with a big finish and made history. The Supreme Court upheld that the right to abortion was within a woman’s privacy rights which are protected by the Fourteen Amendment.
There have been many controversial court cases in the United States. One of the most divided cases that people cannot agree on is Roe V. Wade. This case as described by Henretta is a “landmark decision, the justices nullified a Texas law that prohibited abortion under any circumstances, even when the woman’s health was at risk, and laid out a new national standard: Abortions performed during the first trimester were protected by the right of privacy.” (Henretta,2012). This is something that Americans really have a hard time coming to an agreement on. People in this country have strong opinions on this matter.
Supreme Court case of Roe V. Wade was first argued on December 13, 1971. Roe, a Texas woman, challenge the constitutionality of the Texas abortion law and making abortion illegal in the United States. Texas law made abortion a crime except when necessary to save the life of the mother. On the other hand, Roe believed that she " had a fundamental right to privacy." Roe argued that the Texas abortion law violated her right of the 9th and 14th amendments of the United States Constitution.
This lead to her to seek the help of Linda coffee and Sarah Wedington, two attorneys who would argue the case. In June of 1970 under the alias Jane roe the two attorneys presented her case to h supreme court. The defendant in the case was Dallas county districted attorney henry wade. The court didn’t actually make its decision until January 2nd until 1973, and voted in favor of roe with a 7 to 2 majority vote. Justice harry Blackmun wrote the court’s opinion which stated that “Abortion is a fundamental right under the united states constitution, there by subjecting all laws attempting to restrict it to the standard of strict scrutiny”.
However, Roe delivered her baby before the decision was made. The majority ruled that the case required close observation regarding the laws about abortion. However, dissenting reasoning that the Judicial power being used took away state power given by the government and the constitution. Roe v. Wade was a landmark case because of the focus on such an important and long debate on the subject matter of abortion. It brought about the building blocks and foundation for Planned Parenthood.