The Abortion Case Roe vs Wade Essay

1332 Words Nov 5th, 2013 6 Pages
The Abortion Case: Roe vs. Wade


Abstract
Roe vs. Wade is one of the most controversial cases in U.S. history. The historic decision made by the U.S. Supreme Court in 1973 legalized abortion on a federal level. Now more than thirty years later people all over the country are trying to overturn the decision as well as striving to keep it intact.

The Abortion Case: Roe vs. Wade
A Texas law that made abortion a crime except when in the case of saving the mothers life was overruled by the United States Supreme Court on January 22, 1973 . In 1970, abortion was illegal for women who live in many of the states of the U.S. until a woman by the name of Norma McCorvey also known as Jane Roe decided it was time to make a change. McCorvey was
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Since the Texas abortion laws were so unclear many doctors and hospitals turned away most abortion cases to avoid significant penalties such as, a felony sanction of up to five years in jail and/or revocation of their medical license.

The Original Case- May 23, 1970
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:
1. A pregnant woman lacked standing to sue over a law’s potential unconstitutionally since the law applied to medical practice (and not patients) (Dawn Stacey M.Ed, n.d.)
2. Given the lengthiness of court proceedings, the case may be declared no longer applicable and thrown out of court once McCorvey gave birth ( or at least passed the point where an abortion could be safely performed) (Dawn Stacey M.Ed, n.d.)
The case was filed anyway with the agreement that the 1859 Texas abortion law violated a women’s constitutional right to have an abortion. The attorneys in the case were Sarah Weddington and Linda Coffee who represented the plaintiff and John Tolle and Jay Floyd were chosen to represent the defendant; Tolle was selected to defend the enforcement of the Texas abortion law and…

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