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Roe V. Wade's Case Of Abortion

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Although some women feel as though abortion is wrong. Others feel that they should have the right to go things to their body without government interference. In 1973 the United States Supreme Court decided the case of Roe V. Wade. Jane Roe was a single mother trying to raise one child on a limited income. She was living in Dallas Texas when she became pregnant with another child. There were no medical issues that would have prevented her from carrying this child to full term. The lack of income and already having a child was her deciding factor. In March of 1970 Jane Roe filed suit against the state of Texas. She declared that the Texas Criminal Abortion Statues were unconstitutional. Jane Roe claimed that the Texas statue was vague and took …show more content…

To look at abortion as murder the court decided that a fertilized egg should have the same traits as a full term baby. The court looked at the principal of privacy and the fourteenth amendment and did not extend the rights to an unborn fetus. The court in Roe V. Wade turned to medical evidence this evidence led them to a three-tiered approach. In this approach they separated a pregnancy into three trimesters. The first trimester is when most abortions occur. In fact, in the first trimester is when ninety percent of the abortions occur. The court deemed that a woman’s rights in the first trimester to have an abortion could not be infringed upon. In the second trimester greater restrictions were put into place. These restrictions in the second trimester would be left up to individual states. These restrictions would be for the health and safety of the woman pregnant only. In the third trimester when a fetus is capable of surviving outside a woman’s body abortions are illegal, only the government can interfere. This sparked great controversy out side the courts and inside the …show more content…

I find nothing in the language or history of the Constitution to support the Court's judgment. The Court simply fashions and announces a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its action, invests that right with sufficient substance to override most existing state abortion statutes. . . . As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.” Quoted by Justice Bryon R.

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In 1973 the instance of Roe V. Wade.; which was chosen by the United States Preeminent Court. Jane Roe was a youthful single parent trying to bring up a baby all alone who had no money,and lived with her dad. Jane Roe was living in Dallas Texas when she ended up pregnant with a baby. She had no restorative issues that would have keep her from carryingthe child for a full term. The reality of having absence of wage and as of now having a kid was her purpose behind choosing this.

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Norma McCorvey was a twenty-one year old, single, Texan woman who became pregnant in the 1970’s. The laws in the 1970’s are very different from the ones we follow today. In the 1970’s in Texas, it was illegal for a woman to have an abortion except when the pregnancy threatens the life of the mother. McCorvey/Roe could not afford to travel to another state to get a legal abortion. Norma McCorvey sued for a violation of her rights and other mothers in a similar situation.

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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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The Supreme Court reviewed her case and in 1973, they voted 7-2 to invalidate the law. The Court determined that a woman's right to choose is safeguarded by the Constitution, specifically the Fourteenth Amendment. However, they also recognized that the state has a legitimate interest in protecting the life of an unborn child after the first trimester of pregnancy. Sarah Weddington served as Roe's attorney in this case. Give me Liberty:

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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.

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This law therefore made in legal, nationwide, for first trimester abortions to occur. The problem with this, however, is that Supreme Court Roe versus Wade overstepped its boundaries. Roe versus Wade exceeds its constitutional authority. The power to make laws is vested in the US Congress and is retained by state legislatures. The Supreme Court in this case made decisions about the law based primarily on the policy preferences of its own members (FreeRepublic.com).

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In the ruling of Roe v Wade, the court stated that a women had the right to an abortion until the fetus was viable. The court accepted that fetuses became viable at the start of the third trimester, sometime between the 24th and 28th week of pregnancy, with viability was defined as “Potentially able to live outside the mother’s womb, albeit with artificial aid.” Pro-choice advocates continue to uphold this viability claim, and make it the forefront of their argument. One of the most disputed arguments is can a baby feel pain, especially during the abortion procedure.

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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.

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On December 13, 1971, the Supreme Court decided to hear the arguments on Roe v. Wade, and another abortion case Doe v. Bolton. This case originally started on a night in August 1969. Norma McCorvey, also known as Jane Roe, was walking with her friends to a distant motel. She told her lawyer that they were attacked and McCorvey was raped. After thee incident, McCorvey left that place and went back to Dallas to live with a friend.

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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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The landmark decision, which was handed down on January 22, 1973, struck down state prohibitions on abortion and established a woman’s right to make her own decisions about her reproductive health. The decision forever changed the course of American law and culture, and it remains one of the most controversial legal decisions ever made. At the time of the Roe v. Wade decision, abortion was illegal in many states, including Texas, where the case originated. The plaintiff, Jane Roe, was a pregnant single woman who sought an abortion due to financial and emotional strain, yet found that Texas law prohibited the practice. She filed a lawsuit claiming that the law violated her constitutional right to privacy and was later joined by the defendant, Dallas County District Attorney Henry

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1555 Words | 7 Pages

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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Since 1973, when a Supreme Court decision ruled in Roe v Wade, which legalized abortion only during the first trimester of pregnancy, there has been no end to the national controversy of abortion rights(“Roe v. Wade”, “Why planned”). The dictionary definition of an abortion is “The ending of pregnancy by removing a fetus or embryo before it can survive outside the uterus. An abortion that occurs spontaneously is also known as a miscarriage. An abortion may be caused purposely and is then called an induced abortion, or less frequently, "induced miscarriage".” According to that definition, abortions can occur naturally, as miscarriages.

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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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1351 Words | 6 Pages

McCorvey became known as “Jane Roe.” In the court case and the person, they were filing against Henry Wade, the district attorney of Dallas County, where McCorvey lived. On Jan 22, 1973, the Supreme Court, in a 7-2 decision, according to the 14th amendment, women have total independence over their pregnancy during the first trimester. It was decided by the court that pregnancy would be divided into three trimesters, and the choice to end a pregnancy in the first trimester was solely up to the woman. In the second trimester, the government could regulate abortion, although not ban it, to protect the mother’s health.

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