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
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.
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.
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).
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.
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 author’s purpose was to challenge the fact that there really wasn’t a human side to abortion, just feminist lawyers pushing their agenda. Norma McCorvey, author, filed a case known in court documents as Jane ROE against Henry WADE, the district attorney of Dallas County who enforced a Texas law that prohibited abortion, except to save a woman 's life. The ruling allowed for legal abortions during the entire pregnancy, but set up conditions to allow states to regulate abortion during the second and third trimesters. The Court held that a woman 's right to an abortion fell within the right to privacy protected by the Fourteenth Amendment. This information will be effective in my debate since, because of this case, the decision gave a
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.
Throughout history Planned Parenthood has been in the spotlight of the court. In 1973, the supreme court case Roe v. Wade made headlines when it “ruled unconstitutional a state law that banned abortions except to save the life of the mother” (McBride) The case was brought up by Jane Roe, who said that banning abortions was in direct violation with her 14th amendment right to privacy.
Roe v. Wade, 1973 (7-2) In 1973, a single, Texan, woman named Norma McCorvey, but known in court as, Jane Roe. Roe did not want to continue her third pregnancy, but under the Texas law at the time, she could not acquire a legal abortion. She then took her issue to court, after suing Henry Wade, the district attorney of Dallas County, was the lawmaker who made illegal to have an abortion “except when medically advised for the purpose of saving the life of the mother are an unconstitutional invasion of privacy.” At first, Roe’s argument was difficult to fight.
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.
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.
Jane Roe was pregnant and unmarried in the state of Texas in which it was illegal to receive an abortion unless her life is at stake. Roe said she has the right decide whether to have an abortion or not to have an abortion. According to the Court, privacy is important and one of the principal values of the Bill of Rights. C. Vote count 7-2. The Supreme Court of the United States ruled that the Fourteenth Amendment did not have the intent to protect privacy, and protect the decision-making of a woman.
The Fight against Abortion “I noticed that everyone who is for abortion has been born.” The truth revealed in this statement by Ronald Reagan is that not all people who have been given the gift of life want to give it to those who have not yet been born. There have been more than 59 million abortions in the US alone since Roe v. Wade made it legal in 1973 (4). This number is hard to believe. To put it in perspective, this is five times as many deaths as those who were killed in the Holocaust, yet abortion is in some people’s minds perfectly acceptable.
Movements that included the Chicano Civil Rights Movement , The Women’s movement, altered the way government policy works along with how most of us live today. The movements were done for a better democracy in our country. To be equal with one another was the name of the game. But was the movements done at a cost ?