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Roe V. Wade Pros And Cons

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The Current Court
There are currently only eight members due to the death of Justice Antonin Scalia in February of 2016. The eight members are as followed:
Justice Clarence Thomas, Chief Justice John G. Roberts, Justice Anthony M. Kennedy, Justice Ruth Bader Ginsburg, Justice Sonia Sotomayor, Justice Stephen G. Breyer, Justice Samuel Alito, Jr., Justice Elena Kagan

Roe V. Wade
Do abortion laws that criminalize all abortions, except those required on medical advice to save the life of the mother, violate the Constitution of the United States? To answer this question, we will take a look back on History before abortion was legal.
An 1859 American Medical Association committee investigating abortion stated in its conclusion that one reason for..." the frightful extent of abortion in the US is found in the grave defects of our laws, both common and statue, as regards the independence and actual …show more content…

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. The Ninth Amendment states, " The enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people." This part of the Bill of Rights protected Roe 's right to privacy. While the 14th Amendment due process clause says, "No state shall... Deprive any person of life, liberty, or property, without due process of law..." That simply means that no state can deny to any person any right that is " basic or essential to the American concept of ordered Liberty." The Supreme Court chose to base their decision on the 14th

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A recent federal lawsuit has been filed by the American Civil Liberties Union’s (ACLU) challenging the constitutionality of three provisions of the Setonia’s Abortion Laws. The three provisions ACLU are challenging are as follows (McCauliff): • Law which prevents state health officials from renewing or issuing licenses to abortion clinics located with 2000 feet of an elementary school (McCauliff). • Law which requires physicians performing abortions to complete 10 hours annually of continuing medical education on abortion procedures (McCauliff). • Law which requires abortion providers to give every patient a copy of her medical records, regardless of whether the patient requests such records (McCauliff).

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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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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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562 Words | 3 Pages

Initially, Roe v. Wade was between a man named Henry Wade, Dallas district attorney, and Norma McCorvey, a resident in Dallas, Texas known as Jane Roe. Roe had fought for her ability to terminate her unwanted pregnancy in 1969 merely because she was not financially stable enough to care for her child. At the time, “ the estimated number of illegal abortions in the United States ranged from 200,000 to 1.2 million per year ” (History.com). Of course, due to the unprofessionalism of these procedures, there were risks and many fatalities. This did not go unnoticed by the supreme court and in a seven-to-two decision, they successfully abolished Texas banning abortion.

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881 Words | 4 Pages

One of the more well known ones was in 1970 through 1973. This was known as Roe versus Wade. Jane Roe filed a lawsuit against Henry Wade because she believed she had a right to terminate her pregnancy and not have to travel of the state of Texas to do so. She thought Texas making abortion illegal, violated the constitution and her rights to privacy. It was said that it is a woman’s decision to continue with the pregnancy or not.

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Intro I will be discussing Abortions in the USA, I will discuss Roe v Wade, What the conflict is, and what effect the overturning made last year. What is Roe vs Wade? Roe v. Wade, 410 U.S. 113 (1973) was a court case in 1973 argued by Sarah Weddington and Linda Coffee.

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When the framers in Philadelphia sat down to write the constitution, they never considered the issues of today’s age such as abortion. Abortion today is one of the most controversial issues in America. Abortion may be ruled to be constitutional but there is still plenty of opposition that says otherwise. Abortion laws began to appear in the United States around the 1820s. They forbidden an abortion after the fourth month of pregnancy.

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The Due process in the 14th amendment is the same as the due process in the fifth but it regards the states. “It acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law” (). The due process clause has been upheld and seen in many Supreme Court cases. The most influential and infamous was Roe v. Wade which said the right of privacy under the due process clause of the14th Amendment extended to a woman 's decision to have an abortion. Due

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This case is known as Roe v Wade. In Roe v Wade the court was asked to vote on whether or not abortion should be legalized throughout the United States. Rehnquist, along with justice White, were the only two justices that voted against the legalization of abortion. Rehnquist stated that the Constitution did not embrace a woman’s right to an abortion. Another case that demonstrates his interpretation of the Constitution is shown in Furman v Georgia.

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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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“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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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.

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539 Words | 3 Pages

In the case of Roe v. Wade, the Supreme Court ruled that multiple U.S. amendments give Americans the right to privacy. Although the case ruled abortion a right for women, many states still implement rules and regulations that make a professionally administered abortion very hard, if not nearly impossible to obtain (Abortion). I believe that abortion should be legalized and made readily available all over the world. The easy availability of professional abortions reduces the rate of maternal death (Abortion).

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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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