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What Is The Background Of The Roe V. Wade Case

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The Roe v. Wade case is one of the most significant legal cases in American history. This landmark case, which was decided by the Supreme Court in 1973, has had a profound impact on the abortion debate in the United States. In this essay, we will examine the background of the case, the arguments presented by both sides, and the ultimate outcome of the case. Background of the Case: In 1970, a woman named Norma McCorvey, who used the pseudonym Jane Roe, filed a lawsuit against Henry Wade, the district attorney of Dallas County, Texas. McCorvey claimed that the Texas law criminalizing abortion violated her constitutional rights. At the time, Texas law prohibited abortions except in cases where the life of the mother was at risk. McCorvey argued that the law was unconstitutional because it violated her right to privacy, which is implied in the Due Process Clause of the 14th Amendment. …show more content…

They argued that this right was implied in the Due Process Clause of the 14th Amendment, which guarantees that no state shall deprive any person of life, liberty, or property without due process of law. McCorvey and her lawyers argued that the state had no right to interfere in a woman's decision to terminate a pregnancy. The state of Texas, represented by Henry Wade, argued that the state had a compelling interest in protecting the life of the fetus. They argued that the state had a legitimate interest in regulating abortion, as it was a matter of public health and morality. Wade and his lawyers also argued that the Constitution did not imply a right to privacy and that the 14th Amendment did not protect a woman's right to choose to have an abortion. Outcome of the

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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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Instead of staying silent like hundreds of thousands of women before her, McCorvey decided it was time for a change. After taking on the pseudonym of Jane Roe, a well known feminist lawyers Sarah Weddington and Linda Coffee decided to take on McCorvey’s case. In 1971, the case reached the Supreme Courts as a civil rights case. After over a year of debate, the Supreme Court ruled that women had the Constitutional right to an abortion (Abortion). To summarize, Roe v. Wade essentially declared abortion to be a woman’s constitutional right and that it would be legal in every state.

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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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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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As you can see, it states “nor shall any State deprive any person of life, liberty,” meaning no state can deprive you of any of your freedom. If you were to take a look at Roe V Wade, and how now it’s been overturned it gives the states the right to legislate on abortion laws. This implies it can go against what was previously stated because no state can deprive you as a person of your freedom according to the 14th amendment, section 1. However, this can also show how even if there were loopholes giving states rights to legislate abortion laws, we can see how unethical this can be because of states having control of women's reproductive rights. In the U.S. there are about 160 million women and

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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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Roe v. Wade There is no question that Roe v. Wade has had a profound impact on how American people think of reproductive rights today. For many people, they have never lived through a time without the ruling as precedent until recently. Despite its overturning in 2022, Roe v. Wade remains a cornerstone of women’s health and reproductive rights advocacy. The case began with a woman named “Jane Roe”, who sought to have an abortion but faced legal restrictions in Texas. The state of Texas argued to protect the “life” of an unborn fetus, as they declared it a person under the 14th Amendment (Temme).

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The court case of Roe v. Wade, which established a woman's right to access abortion, has been a highly alienating issue in the United States since its decision in 1973. Supporters argue that access to safe and legal abortion is a fundamental right of women to control and make decisions about their reproductive health. While opposers argue that abortion is morally unethical and that the government should limit or completely ban it. This political disagreement showed itself in the Supreme Court of the United States (SCOTUS) decision, in which the court ruled to overturn Roe v. Wade. Similarly, how the original ruling of Roe v. Wade changed the nation's future during its decision in 1973, the overruling will change the nation's future once again.

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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.

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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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On the night of January 27, 1973, women across America celebrated their right to choose. and on the night of June 24, 2022, women across the world were devastated when their right to choose was taken away. Roe V. Wade was passed in the 70s as a right to an abortion and the right to privacy and in 2022 it was overturned and made it a state choice, instead of a woman’s. This article covers The passing of Roe V. Wade, the impact it had on women, and the overturning of Roe V. Wade Abortion was illegal in most states in the 1960s, often with no exceptions for cases of rape or threat to life.

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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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Wade gave women had the legal right to get an abortion in the early stages of pregnancy which is up to the third trimester. It is a woman’s legal right to choose abortion especially in the cases of rape, incest, or health issues threatening the life of the mother. In 1992, in the case of Planned Parenthood v. Casey the states were granted the right to set restrictions on women’s access to abortion. Many individuals forget that there are two victims in abortion being the mother and child. In the cases where the pregnancy was unintended, abortion is considered by many to be an accessible procedure to subdue the existing life being carried by the mother.

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Wade, 1971-1973, a woman challenged the constitutionality of Texas’ abortion laws, which at the time, stated that a woman could not receive an abortion if it didn’t directly have to do with her life. It seemed as if they did not understand that physical being is not the only thing that goes into living- it is mental state and emotional balance as well. The court ruled that denying a woman abortion was a violation of her right to privacy. A woman’s body and the events that happen in and around it should not be property of man or government.

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Wade and the Doe v. Bolton cases, in the Roe v. Wade case Jane Roe filed a lawsuit against the Texas law because they had deprived her of her constitutional rights to abortion by criminalizing the act of abortion or to attempt an abortion only on medical advice to save the life of the mother. The court ruled in her favor, and it was found that her constitutional rights to abortion was breached because it was not clearly mentioned in the constitution the right to abortion, however this right is a right to privacy and that a fetus does not have constitutional rights because it is not a person. In the Doe v. Bolton case, the state of Georgia ruled abortion illegal except where a medical physician advice that the mother’s life is at risk, or would seriously and permanently injure her health, that the baby is likely to born with a mental or physical disability or that the mother was raped and pregnancy was the end result. Mary Doe was 9 weeks pregnant when she filed a lawsuit claiming that she was entitled to an abortion under the constitution because she was already a mother of three children and could not support another, she was joined in her suit by doctors, nurses, clergy and social workers. Mary Doe won her case and the court created broad health exception for abortions after

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