Roe V. Wade Case : The Roe Vs. Wade Case

Roe v. Wade is one of the most talked about Supreme Court cases in history. This paper is going to give a brief overview of this monumental case, how the case affected America, how America would be different if this ruling of this case would have been different, and my personal opinion and reaction to Roe v. Wade.

The research that I chose to elaborate my topic on is the Roe v. Wade court case which is about abortion. The case history is about a woman who was single and pregnant; she decided to bring a stimulating challenge suit to the constitution of Texas laws. The laws that Texas made were given to prohibit mothers from aborting children because it was a crime. They could not do it without medical advice for the reason that it was to save the life of the unborn child. As I begin to go into detail about the court case. First Dr. Hallford, a medical doctor who faced criminal prosecution for violating the state abortion law. Second, you have the Does. They are a married couple with no children who were against Jane Roe and her decisions. Lastly, you have District Attorney Wade. Roe and Hallford had a portion of controversies and declaratory that was warranted. The court ruled a decision relief that was not warranted and the Does criticism was not justiciable. This is a brief synopsis of what the court case will expand on later on in the research paper. I will be utilizing reviews to test what male and female dispositions were towards fetus removal and how they feel about it. The study will extremely differ and I will be getting a broad gender preference perspective of the subject that I decided to do the review on. It will all tie once again into the Roe v. Wade court case. As you are perusing my examination paper; the researcher made an investigation on Chowan University

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.

Even to this day, women have not reached maximum equality, but the landmark Supreme Court case Roe v. Wade has helped the women’s equality movement drastically take a step in the right direction. Prior to the case, women had their rights very limited and restricted. Everyone was and still is entitled to their basic rights, however pregnant women were not. Their first, fourth, fifth, ninth, and fourteenth amendment rights were violated and were not addressed until Jane Roe testified in court. The decision made by the court still has a lasting impact even to this day. The landmark Supreme Court case Roe v. Wade was not just a win for Jane Roe, but a win for all women as it helped break the barrier that surrounded women’s equality.

Before the 1973 ruling of the case of Roe v Wade, the estimated average number of illegal abortions every year ranged from 200,000 to 1.5 million. The methods used were violently dangerous including women ingesting toxic substances such as bleach and detergents which often times was ineffective. Women around the country were concerned that the anti-abortion laws conflicted with a person’s right to privacy and equal protection given by the Fourth and Fourteenth Amendments of the Constitution. Gale University’s William Sullivan explains ”The right to abort unborn children is not specifically protected by the Constitution, and prior to 1973, abortion legislation had been understood to be limited to the power of the states per the Tenth

The Court’s major decision upheld the constitutional right of a women to have an abortion while changing standard for abortion restrictions. The difference between Roe v Wade and Planned Parenthood v. Casey is that the Casey allows the State to regulate abortion rather than as in Roe v. Wade the States could not regulate abortion in the first trimester. Under Casey the State can regulate abortion in the first trimester or any point before viability. Also, the Court invalidated the necessity for spousal notification of an abortion.

Today many topics cause controversy and division. As we go about our daily lives, somewhere someone is debating an issue of importance. Many of these debated topics are the result of previous political and judicial decisions. The Planned Parenthood v. Casey case was major in history and today remains the center of many political debates. This case had an impact on women in the United States and continues to cause a divide to this very day. Many women felt like the government was trying to take their right of privacy and choice. This specific case caused anger and continues to draw many emotions throughout the world. Planned Parenthood v. Casey of 1992 was argued because the ruling of banning abortion in the Roe v. Wade case. Abortion is a controversial topic. Many view it is a personal issue; women should have the right to their own privacy pertaining to their health.

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.

Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973). Roe V. Wade was a case that “divided the country into those who believed in an unborn child 's right to life and those who believed in a woman 's right to choose”(Kayla Webley). In 1970 a single Texas mother of two at the time by the name of Norma McCorvey (alias Jane Roe) was pregnant with her third child. She decided she did not want the weight of raising another kid, but in Texas at the time abortions were not allowed unless it was used to save the pregnant mothers life. They felt as if you were taking the life of an innocent child that isn’t going to have that chance at life. January 22, 1973 the U.S. Supreme Court ruling 7-2 under t fourteenth amendment was that it is a constitutional right to privacy, and is a woman’s right to make the decision if she wants an abortion or not. By the time the courts came to a decision Roe had already had her child and gave it up for adoption.

January 22, 1973, is when Roe v. Wade decision was declared. It has been called a “turning point in woman’s reproductive rights. In the ruling (7-2) excessive state restriction of abortion is unconstitutional. The alias Jane Roe had consulted with her doctor to have an abortion earlier months of her pregnancy without legal restrictions. The state laws had limited such thing for the restrictions were for the purpose for of protection the health of the pregnant woman. Roe v. Wade basically legalized abortion in the US.

In Roe v. Wade, the Supreme Court invalidated statutes that prohibited abortion in all but exceptional cases, holding that those statutes unjustifiably infringed upon a woman’s right of privacy. This decision provided the framework for future abortion decisions that intended to balance out the states interests with the privacy right of a woman.

The 1973 Roe v. Wade Supreme Court case was a major landmark not only the abortion issue, but also in American government. Abortion during this time was illegal in many states and limited by law in others. In addition numerous religions were against abortion. At the time having or attempting to have an abortion was illegal in Texas except in cases where the woman could die. Twenty-one year old Norma McCorvey was single and pregnant she knew that abortions were legal in cases of rape and incest, she tried to attain an abortion by falsely claiming she was raped. Due to the fact there there was no police report to prove it, she sought the alternative, an illegal abortion, but police had shut down the illegal clinic where she would have been able

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

In addition, the Roe v. Wade decision is a direct illustration of judicial activism. Prior to the Court’s ruling, many states limited or completely prohibited abortion. In a 7-2 decision, the Court ruled that Roe’s right to privacy permitted women to receive abortions given to them by in their First, Fourth, Ninth, and Fourteenth Amendments (Roe v. Wade). As stated, this case is an illustration of judicial activism because the Supreme Court Justices interpreted the law loosely, creating their own law that became the Supreme Law of the Land. The Court’s decision enables states to pass their own legislation concerning abortion. As noted in Justice Harry Blackmun’s majority opinion, “A State may properly assert important interests in safeguarding health, in maintaining medical standards, and in protecting potential life (“Key excerpts from the majority opinion”). The Equal Protection Clause of the Fourteenth Amendment, states, “Nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of laws” (“The Heritage Guide to The Constitution”). However, when the Supreme Court ruled that women have the right to abortion as an extension of her right to privacy, they exhibited judicial activism. Justice Blackmun stated in his opinion a “The privacy right involved, therefore, cannot be said to be absolute….We, therefore include that the right of personal privacy includes the abortion

The Supreme Court Case Planned Parenthood vs. Casey stated this, a married woman is required, except in limited circumstances, to notify her husband before going forward with the abortion of their baby or babies. Planned Parenthood vs. Casey was mostly to help the basic ruling of the Roe vs. Wade Case, the state is prohibited from banning most abortions. The Planned Parenthood part in the case was from the Planned Parenthood of Southeastern Pennsylvania. They filed a lawsuit against the state, arguing the Abortion Control Act was violated in the Supreme Court’s ruling of the Roe vs. Wade Court Case. Casey’s part in the court case ruled that the states should be given the right to regulate abortions to protect the health of the mother or the fetus that is growing inside of her. The Supreme Court's decision of this case ruled they were staying with their first ruling in the Roe vs. Wade Case, which stated that women have the right to privacy if they wanted an abortion and the state could not interfere with the decision of the woman and her family. The Court put in place five provisions. These provisions, as they applied, had to be met in order to receive an abortion.