Should We Outlaw Abortion? Essay example

Nebraska 1923, in which the Nebraska Law restricted foreign language education that violated the Fourteenth Amendment Due Process Clause (Lecture, Week 6). It was extended through the case of Griswold v. Connecticut 1965, in which the Court ruled that banning of contraceptives contravened the right to marital privacy. This is an example of how the government invaded “the area of protected freedoms” (Article, Griswold v. Connecticut (1965), Week 7). The penumbra of this case delivers a “wide range of questions that implicate the Due Process Clause of the Fourteenth Amendment” (Article, Griswold v. Connecticut (1965), Week 7). Ultimately, Roe v. Wade 1973 expanded on the right to privacy for women to abort their child prior to when life begins, and if it risks their own life (Article, Roe v. Wade (1973), Week

In the controversial case, Roe v. Wade, a pregnant woman who was given the name Jane Roe to hide her identity attempted to get an abortion but they were illegal in Texas so she sued the state for invasion of privacy. Roe's real name is Norma McCorvey; she was an ex-carnival worker who was raped and became pregnant. In 1969, when she moved back to her home state, she was denied and abortion on grounds that her health was not threatened. She started to look for other options, such as an abortion clinic out of the country, but those were too risky. She had given up searching for a safe, clinical abortion when two lawyers contacted her about her story. These lawyers were Linda Coffee and Sarah Weddington. Weddington had herself been through

"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

It also did not sit well in a social climate that was becoming known as the dawn of the woman's rights era. He then began by saying the case should be moot because Jane Roe no longer obtained the status of pregnant. This immediately was shut down by Justice Stewart as he said her personal bearing had no affect directly with the case. Inexplicably, Floyd pursued the mootness issue until Justice Steward again interrupted to ask him what he thought would constitute legal standing for a woman who wanted to challenge the state's restrictions on abortion. He responded "no remedy is provided." The response provoked a biting retort from Justice Stewart that perhaps the real moment of choice occurred when a woman decided to live in Texas. The courtroom then erupted with laughter. Somewhat miffed, Floyd attempted a weak comeback by saying "there's no restriction on moving, you know." He once again had insulted the Court even though he may not have realized it during the time it occurred. Floyd did not intend for his response to sound flippant, the court did take it that way however and it made the courtroom begin to believe that Floyd continually belittled women, which in this case obviously severely hurt him (Romaine 64-66) (Encyclopedia) (Legal Information Institute).

Roe v. Wade remains one of the most prominent cases regarding abortion in the U.S due to the fact it was so controversial and impacted the lives of many american woman. The case transpired in Texas, a state which outlawed any form of abortion unless a mother's health became endangered. Norma McCorvey, famously known as Jane Roe, became pregnant for a second time with a child she was unable to care for, she seeked a form of legal abortion in Texas with no luck which lead her to two lawyers who could help bring a lawsuit to assist women in obtaining a legal means for abortion. In the case they used the name Jane Roe to protect her identity and were challenging an attorney from Dallas County Texas, Henry Wade. The case came before the supreme court in 1973, in which the court decision ruled 7 to 2 for abortion to be legal due to the 14th amendment as well as the right to

This controversial case ruled that a woman’s ability to be able to chose to get an abortion is considered a protected liberty. It also concluded that this

During the years leading up to and after 1973, there were numerous events and situations that occurred. Before 1965, the idea of right to privacy was barely used, but Griswold v. Connecticut (1965) changed that. “The case involved a Connecticut law forbidding the use of contraceptives” (Edwards III, Wattenberg, and Lineberry 131). A doctor and a family-planner were arrested for distributing the use of contraceptives for couples in need. They were eventually brought to court by the state and were convicted. The case was taken to the Supreme Court and was later decided that everyone is entitled to their “right to privacy.” This set the precedent for Roe v. Wade because without Griswold v. Connecticut, the decision might be completely different than what it is now. A court case called Rust v. Sullivan was related to abortion. It specified that “family planning services receiving federal funds could not provide women any counseling regard abortion” (Edwards III, Wattenberg, and Lineberry 131). This decision created public scrutiny as the decision would violate the First Amendment. President Clinton eventually lifted the ban on abortion counseling as it

Norma McCorvey who was the plaintiff took on “Jane Roe” as her alias to protect her real identity. The case was originally filed on Roe’s behalf but it was transformed into a class action suit so that McCorvey could represent all pregnant women. The defendant was Henry B. Wade, the district attorney of Dallas County, Texas. Roe had two major hurdles to get over:

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.

This case challenged the rights of marital privacy within the home. In 1961, Griswold and her partner, Dr. Buxton, opened a birth control clinic in New Haven, Connecticut. A law enacted in 1879 made it illegal to use anything to prevent contraception in the state. That’s right, nothing could be used to prevent pregnancy. Consequently due to their actions, Griswold and Buxton were arrested, tried, found guilty, and fined to pay $100. Griswold appealed her conviction to the United States Supreme Court, arguing that the state was in breach of multiple amendments including the fourteenth, first, and of course, the third amendment. The argument based on the third amendment was that the home is and should be a private place. No one is to know what happens in the home, or in the bedroom for that matter. The only way to prove that the women who visited the clinic were actually using birth control would be storm their homes. In the end, it was found that Connecticut's actions were unconstitutional and this court case paved the way for future cases such as the famous Roe vs Wade

While all the Court Justices in Griswold v. Connecticut agreed that the legislation prohibiting the use of contraception was purely irrational, Justices Douglas and Black differed with the Court’s judgment about the case decision. Justice Douglas expressed the majority’s opinion in which he stated that the Connecticut law that banned the use or supply of contraception was unconstitutional because it failed to obey the “right to privacy” derived from certain privacy rights listed on the Bill of Rights. On the other hand, Justice Black disagreed with Justice Douglas by stating that the rights enumerated by Douglas were a mere implication of privacy and that the “right to privacy” didn’t reflect anything stated directly on the Constitution.

Supreme court struck down all criminal abortion laws when they realized that a women’s decision to terminate a pregnancy was protected under the “right of privacy” founded in the Fourteenth Amendment (Justia US

Thus, by focusing on the decision of abortion and constructing that as the sole choice a woman has in pregnancy, the law functions to render the woman vulnerable to having the range of her other choices related to issues in pregnancy constrained due to their involving matters other than abortion. The effect of the law here is then to privilege the ideas, goals, and opinions of members of the medical establishment over individual women themselves. In this sense, while the law allows women to have abortions, in doing so, it deeply constricts their ability to maintain their autonomy and make other choices about their pregnancy. Women are thus rendered vulnerable to a whole host of medical interventions during pregnancy that they may not want or

of rape or incest may not want to have the baby, as it would remind

Abortion is a debatable question that has been argued over a long period of time. The controversy of abortion has caused or may cause deaths and several violent conflicts between, should abortion be legal or illegal. Abortion is one of the most common medical procedures performed worldwide also known as elective termination of pregnancy (History,2016). Abortion is the destruction of the fetus or unborn child while the child is still in the mother’s womb. This procedure can be done almost anyone from the mother herself to back alley, most common, abortion clinics. More than 40% of all women will end a pregnancy by abortion and remains common in the US. But the questions is should abortion be legal or illegal?