Roe V. Wade Essay

2308 WordsNov 24, 200910 Pages
Roe v. Wade Essay "The Court today is correct in holding that the right asserted by Jane Roe is embraced within the personal liberty protected by the Due Process Clause of the Fourteenth Amendment. It is evident that the Texas abortion statute infringes that right directly. Indeed, it is difficult to imagine a more complete abridgment of a constitutional freedom than that worked by the inflexible criminal statute now in force in Texas. The question then becomes whether the state interests advanced to justify this abridgment can survive the 'particularly careful scrutiny' that the Fourteenth Amendment here requires. The asserted state interests are protection of the health and safety of the pregnant woman, and protection of the potential…show more content…
At the time, the women's movement was only just getting started, and the wide majority of American males viewed and treated women as less than equals, both socially and economically. Undeterred, Weddington and Coffee appealed the decision and took it to the highest of legal levels; the Supreme Court. The Roe vs. Wade decision was first argued in December 1971, and had been before the Supreme Court for over a year. Although this decision would later be intensely analyzed and debated, little attention was brought upon the case at the time. Chief Justice Burger opened the Court's oral arguments, and each side had only thirty minutes to present their case and answer questions. Sarah Weddington argued that abortion needed to be legalized beyond in the case where a woman's life is threatened; the physiological and psychological harms to the mother also warranted an abortion, if she chose. However, since the Supreme Court has no jurisdiction over public policy, Weddington argued that current abortion laws violated the fourteenth amendment. The fourteenth amendment guarantees the right to liberty without due process of law, and the decision contended that this right was extended to a woman's right to choose to be pregnant. In her closing argument, Weddington stated that "if liberty was meaningful... that liberty to these women would mean liberty from being forced to continue an unwanted pregnancy". Jay Floyd, the assistant attorney general of Texas, next

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