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
There were a number of court cases that were used as precedents for Roe v. Wade. Since the Marbury v. Madison case in 1803, the Supreme Court was mandated the power to interpret the Constitution and consider any law unconstitutional known as judicial review. The next stepping stone for abortion was Griswold v. Connecticut that was enacted in 1965 that ruled contraceptives as a couple 's right to privacy. The first Supreme Court ruling that legalized abortion throughout every state in the United States was the case of Roe v. Wade. Under the alias of Roe, a pregnant woman secured her rights to an abortion under marital privacy as an extension of her right to privacy.
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.
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
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
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
Before Roe filed a law suit challenging the Texas laws, all states had very authoritative laws that only allowed women (mostly) to have an abortion if the doctor believed they were endangered. During the trials the constitution, of course, was brought to the courts attention, to be specific the 9th and 14th amendments. The 9th amendment guarantees that the government would not infringe our natural rights, like freedom of speech, of religion, and self defense, etc. This also includes the right to bear children, the right to privacy, the right to pursue any occupation one desires, and the right to seek any medical treatment of ones choosing. The 14th amendment addresses many aspects such as citizenship, due process, privileges & immunities,
January 22, 1973, was the day that a woman's rights to her body were given back to her. The U.S Supreme Court had made the final decision that making a women’s right to get an abortion illegal violated the fourteenth amendment, the right to privacy, ultimately making it a women’s legal decision to decide whether or not an abortion for them was needed. This is the trial known as Roe v. Wade. Fast forward to today, this exact trial was overturned by the supreme court justices on June 24, 2022.
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
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.
Wade argued that constitution did not guarantee women the right to an abortion, and that personal and marital privacy are not absolute rights. The final Supreme Court ruling was done on January 22nd of 1973. This was the date the Supreme Court handed down its landmark decision in the case of Roe v. Wade. The final court ruling was in favor of Roe the petitioner in a 7-2 decision. Roe won the case and this meant that the court handed the rights of privacy of a personal liberty to encompass a woman’s decision whether or not to terminate her pregnancy (Lewis,
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.
Wade had an impact on other Supreme Court cases. Almost 20 years after the Roe V. Wade decision, the Planned Parenthood v. Casey case came along. In that case, the Supreme Court ruled that it was a woman’s constitutional right to undergo an abortion procedure. After the Court’s ruling, states felt the need to try to place limits on the procedure, and some even thought that the Roe case decision should be completely overturned. In 1988 and 1989, Pennsylvania eventually made some changes to its abortion law.
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).
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.