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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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So this relates to judiciary because it was a disagreement between Doe and the clinic for her to get an abortion. So she took it to the supreme court to get it resolved. And they ruled in her favor. Since the judges ruled in her favor abortion was legal everywhere. Evaluation: People should care about the Doe vs Bolton case because it really has an affect on woman.

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But Texas law prohibited abortions except to save the pregnant mother's life. Jane Roe sued on behalf of herself and all other women similarly situated (class action suit). She was claiming that the statutes were violating her right of personal privacy, protected by the Fourteenth Amendment.

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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.

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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.

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514 Words | 3 Pages

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,

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1025 Words | 5 Pages

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.

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1865 Words | 8 Pages

In 1973, the United States Supreme Court issued a decision on the notorious Roe v. Wade case. The Supreme Court ruled 7–2 that a right to privacy under the Due Process Clause of the 14th Amendment extended to a woman's decision to have an abortion, but that this right must be balanced against the state's interests in regulating abortions: protecting women's health and protecting the potentiality of human life (Roe v. Wade). Norma McCorvey, better known by her legal pseudonym “Jane Roe”, was the focal point of this landmark controversy. Since her involvement in Roe v. Wade, increased debate within the United States has stirred up amongst communities nationally. Almost 40 years later, neighbors, co-workers, and even family members often times

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498 Words | 2 Pages

Wade was brought to the Supreme Court in 1973 by lawyers Linda Coffee and Sarah Weddington who defended Norma L. McCorvey but in court was known as Jane Roe. During the lawsuit the Dallas County District sent Attorney Henry Wade to represent Dallas during this trial. Throughout the case, Norma fought for the right of other women ,including herself, to get an abortion if they decide to get one. Norma argued that not only was the state of Texas was violating many rights that were granted to women in the Constitution. In the case, the main issue was that many women would have to get an illegal abortion and end up either very sick or in some cases they would die.

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Roe filed a lawsuit on wade claiming that a Texas law was criminalizing majority of every abortion. During that time period abortion were really only considered if the pregnancy was considered life threatening to the mother. This court case still remains one of the most intensely debated cases making the House Bill 3994 stand out. With this bill come many different opinions with some highly though of voices claiming there thought on the bill. Some representatives think that the bill is covering all the loopholes and clarifying the rules for underage minors who wish to proceed with and abortion without the consent of parent or guardian but the consent of a judge while others are seeing the complication with constitutional rights and the right to privacy.

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Roe v. Wade. This is a well known court case about Norma McCorvey, under the alias Jane Roe and her request to get an abortion. McCorvey had lived in Texas during her life, and under Texas’s previous law, abortion was illegal, with the exception of if it were to save the woman’s life. This case, however, went against this law.

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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.

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1038 Words | 5 Pages

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.

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1888 Words | 8 Pages

“On January 22, 1973, the U.S. Supreme Court announced its decision in Roe v. Wade, a challenge to a Texas statute that made it a crime to perform an abortion unless a woman’s life was at stake. The case had been filed by “Jane Roe,” an unmarried woman who wanted to safely and legally end her pregnancy. Siding with Roe, the court struck down the Texas law. In its ruling, the court recognized for the first time that the constitutional right to privacy “is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy” (Roe v. Wade, 1973).

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1555 Words | 7 Pages

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.

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1027 Words | 5 Pages

The Court ruled that the states were forbidden from outlawing any aspect of abortion performed during the first trimester of pregnancy, could only enact abortion regulations reasonably related to maternal health in the second and third trimesters, and could enact abortion laws protecting the life of the fetus only in the third trimester (McBride). At the time Roe was decided, most states severely restricted or banned the practice of abortion. My thoughts on the abortion debate fall in between conservative and liberal views. I believe that women have aright to have an abortion under certain circumstances. If the mother needs an abortion to live it should be legal.

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