The Right to Abortion On January 22, 1973, in a 7-2 ruling, the U.S. Supreme Court handed down it’s landmark decision in the case of Roe v. Wade, which recognized that the constitutional right to privacy extends to a woman’s right to make her own personal medical decisions — including the decision to have an abortion without interference from politicians (Planned Parenthood). There are many moments in history when Roe v. Wade has been so close to being overturned, yet it is still in place. Abortion should stay legal, or not overturned, for the health of women everywhere. First, this important case took place at the time of abortion being illegal in most states, including Texas, where Roe v. Wade began. Abortion was still illegal in those states, such as Texas, except in …show more content…
McCorvey ("Jane Roe"), claiming a Texas law criminalizing most abortions violated Roe 's constitutional rights. (PBS) The Court argued that the Constitution 's First, Fourth, Ninth, and Fourteenth Amendments (Roe v. Wade The Abortion Rights Controversy in America History) protect an individual 's "zone of privacy" against state laws and cited past cases ruling that marriage, contraception, and child rearing are activities covered in this "zone of privacy." (PBS) In addition, this case was against Henry Wade, the district attorney of Dallas County from 1951 to 1987, who enforced a Texas law that prohibited abortion, except to save a woman 's life. …show more content…
In addition, those in the camp in favor of, or those who support Roe v. Wade, all agree to keep abortions legal as said in Roe v. Wade The Untold Story of The Landmark Supreme Court Decision That Made Abortion Legal by Marian Faux. According to Faux, those that were and still are in favor of abortions, believe that women who wanted an abortion are allowed to due to pro-choice. Pro-choice supports those women who want abortions. They can get one
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.
The Roe vs. Wade case was started by a young woman named Norma McCorvey, better known to the public as Jane Roe. Norma McCorvey was one of many women who wanted to get an abortion, but couldn’t. In the state of Texas getting an abortion was considered a crime. In 1969, Norma McCorvey discovered she was pregnant at 21 years old. McCorvey was unmarried, and already had a 5 year old daughter.
Another relevant United States Supreme Court case is Doe v. Bolton. In 1968 the Georgia legislature passed a law outlawing abortion except where an abortion doctor determines that the continuation of the pregnancy would endanger the mother 's life or seriously and permanently injure her health, that the baby would be born with a grave mental or physical defect, or that the pregnancy resulted from rape. “Mary Doe” (Sandra Cano), who was 9 weeks pregnant filed suit claiming she was entitled to an abortion under the Constitution because she would not be able to support another child since she already had three children. Several abortion doctors, nurses, clergy, and social workers joined in her suit. The Supreme Court agreed and ended up creating
56. Webster v. Reproductive Health Services (1989): The Court upheld Missouri restrictions on abortions that “public employees and public facilities were not to be used in performing or assisting abortions unnecessary to save the mother 's life; encouragement and counseling to have abortions was prohibited; and physicians were to perform viability tests upon women in their twentieth (or more) week of pregnancy.” It was a fractured decision that seemed to contradict Roe v. Wade but the court decided to not revisit any parts of Roe v. Wade after this case. The Missouri restrictions did not violate the right to privacy or the Equal Protection Clause of the 14th Amendment.
The ruling stated that the law violated the constitution, the courts legalized abortion at the federal level, so wade took it to the supreme court where there was a seven-two vote that, again, it violated her rights. “The Court argued that the Texas Constitution’s First, Fourth, Ninth, and Fourteenth Amendments protect an individual’s ‘zone of privacy against
Forty-three years later, Roe v. Wade continues to be one of the most, if not the most, controversial decisions made by the United States Supreme Court. It is a very hot button issue in politics, with republicans usually disagreeing with the decision and democrats supporting it. Then there are many people in the middle, some who support abortion but want more restrictions such as how far into her pregnancy a woman can terminate or others who want abortion to be illegal, but want exceptions for certain cases, such as rape, incest, or when the mother’s life is in danger. Liberals says women should have complete control and say over their own body, and conservatives say that a fetus is a human life from the moment of conception, and therefore should
Prior to the case it was the state that determined the legality of abortions. Jane Roe, (alias), was an unmarried and pregnant Texas citizen in 1970. She wanted to have an abortion, but Texas abortion law made it a felony to abort a fetus unless “on medical advice for the purpose of saving the life of the mother.” Roe filed suit against Wade, the district attorney of Dallas County, Texas to challenge the law outlawing abortion. At the time, many states had outlawed abortion except in cases where the mother’s life was in danger.
She visited her doctor who then refused performing abortion she requested for. Texas law made abortion illegal except if it was necessary to save a mother’s life. The argument of McCorvey was that the Texas statute infringed on a woman’s fundamental personal right to privacy of abortion. McCovey under the pseudonym of Jane Roe additionally claimed Texas law is not rationally legitimate to private sexual conduct and human life.
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.
During Roe v. Wade (1973), the Supreme Court held that a pregnant woman has the fundamental right to privacy in the cases of abortion. This case recognized that the constitutional right to privacy extends a woman’s right to make her own personal medical decisions, including the decision to have an abortion without interference from politicians. Furthermore, it affirms the legality of a woman’s right to have an abortion under the 14th amendment to the constitution. The U.S. Supreme Court Case of Roe vs. Wade has made abortion legal in America. The ruling was that babies are not legal “persons”; from that point on, they have had no rights or protection under Constitution.
Carrington James Mr. Raboy U.S. Government and History December 7th, 2015 An abortion is the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus. In Roe V. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, The Supreme Court addressed the issue of abortion by recognizing the right to privacy through the First, Fourth, Fifth, Ninth, and Fourteenth Amendments and creating a new, less strict interpretation of the “undue burden” standard of review. In the 1970’s, a pregnant woman named Jane Roe (Norma McCorvey) pursued a case against the Dallas County, Texas District Attorney.
Wade case. " Roe v. Wade is the historic Supreme Court decision overturning a Texas interpretation of abortion law and making abortion legal in the United States. The Roe v. Wade decision held that a woman, with her doctor, could choose abortion in earlier months of pregnancy without legal restriction, and with restrictions in later months, based on the right to privacy." (about.com).
Before Roe v. wade the number of deaths from illegal abortions was around 5000 and in the 50s and 60s the number of illegal abortions ranged from 200,000 to 1.2 million per year. These illegal abortions pose major health risks to the life of the woman including damage to the bladder, intestines as well as rupturing of the uterus. The choice to become a mother must be given to the woman most importantly because it’s her body, her health, and she will be taking on a great responsibility. A woman’s choice to choose abortion should not be restricted by anyone; there are multiple reasons why abortion will be the more sensible decision for the female.
There is no need to risk a woman’s health and livelihood by taking away her choice; only the mother-to-be can know her own situation thoroughly enough to make the best possible decision about her future. This is further supported by the nation’s judicial system during the Roe vs. Wade case in 1973 where Harry Blackmun stated that the “fundamental right of single women and married persons to choose whether or not to have children is protected by the Ninth Amendment, through the Fourteenth Amendment.” This court ruling made abortions decidedly legal in the United States, but many women are still being denied the right to terminate their pregnancies. When the ability to choose a safe and legal option is taken away, women that still seek an abortion
For the last couple of years, americans have been deeply polarized over the issue of abortion. They debate has been cast in terms of “ pro-life” views and “pro-choice” views. The legality of abortion was confirmed in 1973 when the United States Supreme Court struck down a Texas