Abortion And Pro-Choice : Roe V. Wade Case

The Roe vs Wade case was and still is one of the most historical cases that hit the United States Court system. This controversial case is still talked about to this very day. The topic of abortion overall is a red button topic that when brought up often end in yelling. The case was “ Roe vs Wade, which recognised 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” (PlannedParenthood.org ). This meant that women can now have access to safe, legal abortions without fear of government intrusion.This case was a huge step for women's rights and is a very necessary right to have. Every woman deserves access to safe, legal abortions.

These illegal abortions were unsafe, and could be fatal to most women, and put their lives at risk. Jane Roe was a twenty-one year old woman that was pregnant, who represented all of the women who wanted abortions but could not get one. Henry Wade was a Texas attorney General who had defended the state’s law. The Supreme Court ruled for Roe and stated that America’s right to privacy included: the right for a woman to choose whether or not to have her child; and the right for a woman and her doctor to make this decision without state involvement within the first trimester of the pregnancy. It made it possible for woman to get safe, legal abortions from well-trained medical practitioners. Consequently, there was a dramatic decrease in pregnancy related deaths.

     Until a pregnant single woman, by the fictional name of Jane Roe, challenged the Texas criminal abortion law, the decision whether or not to terminate the pregnancy was left entirely up to the State. Justice Blackmun, along with six other justices, argued that the decision to abort should be available to the woman-but only up to a certain point during the pregnancy. In order to decide when the decision should fall from the woman's hands to the States, the court resolved to divide the pregnancy into three trimesters. During the first trimester, the State is not liable to regulate. The decision to abort is therefore left to the woman and her physician. This is so because until the end of the first trimester, morality in abortions is less than in normal childbirth. For the subsequent trimester, the State may only regulate the abortion procedure and where the procedure is administered. Once into the third trimester, the State can deny the right to abort entirely, but only if the health or life of the mother is implicated. These trimesters allow the state at liberty to place multiplying restrictions on abortion as the gestation lengthens.

In 1973, Norma McCovery who is also known as Jane Roe brought a case to the Supreme Court. She and her defense team claimed that the 1859 Texas abortion law violated women’s constitutional right to have an abortion. Before reaching the Supreme Court, this case, which was a class-action suit, was argued in a Dallas Fifth Circuit Court on May 23, 1970. The judges in Dallas ruled that the Texas law violated Roe’s right to privacy which is found in both the Ninth and Fourteenth Amendment, so this case was then sent to the U.S. Supreme Court (Brannen and Hanes, 2001).

The issue before the Supreme Court on the case of Roe v. Wade was on abortion. In august 1969 a single pregnant woman based in Texas wanted to get rid her pregnancy through an abortion. But her doctor denied the request on a reason that it was against the Texas law. Then Jane Roe identified by the media as Norma McCorvey sued her doctor for refusing to abort her baby she sought legal help and filed against henry wade, district attorney for Dallas County, Texas. Jane Roe argued that the law of Texas was unconstitutional. She later on requested an injunction to restrain Henry Wade. Roe’s lawyer claimed Texas abortion law violated her rights under due process clause of the 14th amendment.

In the year 1970, it was illegal for women in many states to get an abortion. One day, a woman named Jane Roe wished to challenge those laws which kept her from getting what she wanted: an abortion. Her stand against these laws was, is, and will always be controversial among American citizens and people around the world. The historical court case in which this occurred was called Roe v. Wade, and was caused by the events of one woman and many factors of the country in which she called home.

Regardless of the opinions surrounding abortion, a majority of people are familiar with the Supreme court cases of Roe v. Wade and Planned Parenthood v. Casey. These two cases have played a tremendous role in regard to the abortion debate. In 1973, the Roe v. Wade case was ruled in favour of Roe and stated the stringent criminalization of abortion in Texas was deemed unconstitutional under the fourteenth amendment. The law violated the right of privacy, which implied the privacy of a woman’s decision to an abortion. Although the courts agreed with Roe, they also recognized the rights to an abortion are not absolute. Limitations to the right was based on the trimesters of pregnancy with the first trimester protecting the woman’s choice and the third trimester being acceptable for states to regulate or even ban abortions outside of therapeutic reasons.

Abortion has always been an exceptionally debatable topic, since so many people each have their own ideas and beliefs. Even today in America, normal people as well as politicians are still discussing and arguing over this very controversial topic. One Supreme Court case, known as Roe v. Wade, dealt with a Texas law outlawing abortions except in certain cases. A woman named Jane Roe wanted an abortion and eventually made her way up to the Supreme Court, where the judges essentially set down the rules for abortions. Roe argued that the Texas law violated the First, Fourth, Fifth, Ninth, and Fourteenth Amendments of the Constitution. The Supreme Court agreed and ruled in favor of Roe, making the Texas law unconstitutional. Roe v. Wade is an exceedingly controversial case about abortion, but the judges undoubtedly made the proper decision in allowing abortion to be up to the woman and her doctor in the first trimester of pregnancy.

In the 1973 Supreme Court case Roe v. Wade a pregnant women, Norma McCorvey (also known as “Jane Roe”) seeked to end her pregnancy. Through the fight of the court, it was declared that most state anti-abortion laws were unconstitutional. However, many rules were set into place. In the first trimester of pregnancy (0-12 weeks), states could not interfere with any abortion. During the second semester (13-28 weeks) states could allow a regulated abortion in ways that are related to mental health or even a proscribed abortion. Within the third trimester (29-40 weeks) a women can only get an abortion if it is to preserve the health or life of the mother. Alongside Roe v. Wade, in the 1992 case Planned Parenthood of Southeastern PA v. Casey, the court ruled that a state could require a woman seeking an abortion to give informed consent and to wait 24 hours and in the case of a minor they need to obtain parental consent (Ayers). Throughout abortions long history of pro-choice and pro-life, modern society needs to be fully educated on the topic so they can see how terrible pro-choice is.

In 1973, the Supreme Court made a decision in one of the most controversial cases in history, the case of Roe v. Wade (410 U.S. 113 (1973)), in which abortion was legalized and state anti-abortion statues were struck down for being unconstitutional. This essay will provide a brief history and analysis of the issues of this case for both the woman’s rights and the states interest in the matter. Also, this essay will address the basis for the court ruling in Roe’s favor and the effects this decision has had on subsequent cases involving a woman’s right to choose abortion in the United States. The court’s decision created legal precedent for several subsequent abortion restriction cases and has led to the development of legislation to protect women’s health rights. Although the Supreme Court’s decision in Roe v. Wade was a historic victory for women’s rights, it is still an extremely controversial subject today and continues to be challenged by various groups.

In 1973, the US Supreme Court declared abortion a nationwide fundamental right through a trial called Roe vs. Wade and protected this right underneath the Fourteenth Amendment, more specifically, the right to privacy. A basic human right, especially one outlined by the Supreme Court, must never run at risk or threat chiefly because not everyone agrees with it. Under no circumstances should a pregnancy ever adjudge mandatory. Abortion is a Constitutional right and as a nation we must fight to give the right and freedom of safe abortions to women all around the nation, make birth control and sex education accessible to women, and raise awareness about the topic itself. (LawCornell)

Never in the history of the United States, with the exception of the Slave Trade, has a public policy carved such an unmistakable social divide. Never before has a public policy spurned so many questions about social and political standards of American culture. To understand the abortion controversy and ultimately the Supreme Court’s involvement and decision in Roe v. Wade, the roots of abortion must be examined.

The case of Roe vs. Wade was an example of an individual’s rights and privacy against long held doctrines based on religious beliefs. In 1973, a woman by the name of Norma L. McCorvey, using an alias of Jane Roe, was single and living in Texas. She got pregnant and wanted an abortion, but it was illegal. The case eventually made its way to the United States Supreme Court. The Court recognized in a 7 to 2 decision that the Constitutional right to privacy should include a person’s choice to terminate their pregnancy. This case became not known as one of a person’s right to privacy, but rather the case that legalized abortion (Roe v. Wade).

Abortion is the termination of pregnancy before birth, resulting in, or accompanied by the death of the fetus. ("Abortion," Encarta 98). In 1973, the U.S. Supreme Court decision, Roe v. Wade, dramatically changed the legal landscape of American abortion law. The result of the ruling required abortion to be legal for any woman; regardless of her age and for any reason during the first seven months of pregnancy, and for almost any reason after that. ("Status of Abortion in America"). In the Roe v. Wade case, Roe (Norma McCorvey), had claimed she was gang raped and attempted to have an abortion in Texas. ("Roe and Doe"). After hearing the case, the Supreme Court ruled that an American’s right to privacy included the right of a woman whether or not to have children, and the right of a woman and her doctor to make that decision without state interference, at least in the first trimester of pregnancy. ("Celebrating 25 Years of Reproductive Choice"). The moral issue of abortion—whether or not it is murder—has been debated since it was legalized in 1973. Roe v. Wade has been one of the most controversial Supreme Court decisions of the 20th century. ("Roe No More"). More than two decades since the Supreme Court first upheld a woman’s right to abortion, the debate over the morality and legality of induced abortion continues in the United States. ("Abortion," Encarta 98). Abortion is one of the most divisive and emotional issues facing United States policy makers today. ("Economics of

One of the most controversial situations in the United States is abortion. A couple of decades ago when abortion was illegal, thousands of woman died for attempting to terminate the child’s life themselves or with unprofessional help. On January 22, 1973, in the Roe v. Wade case, Supreme Court legalized abortion in all 50 states. This has saved thousands of woman’s lives and should remain legal.