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 …show more content…
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 Given the lengthiness of court proceedings, the case may be declared no longer applicable and thrown out of court once McCorvey gave birth ( or at least passed the point where an abortion could be safely performed) (Dawn Stacey M.Ed, n.d.) The case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
There is one remarkable legal battle that changed the American abortion laws to what they are now, Roe v. Wade. It took place in 1973 in Texas. Roe, Norma McCorvey, was an anonymous plaintiff against the State. The ruling, abortion is legal. It gives the mother the right of whether or not to terminated her pregnancy. However, that does not give the woman the right to terminate her pregnancy for any reason during all nine months. ?The court said that the woman may have an abortion until fetal viability, the time at which it first becomes realistically possible for a fetus to live outside the woman?s body. At that point the state?s interest
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
At the time Roe was decided, most states severely restricted or banned the practice of abortion. However, these restrictions were challenged amid the sexual revolution and feminist movements of the 1960s. In 1970, two recent graduates of the University of Texas Law School, Linda Coffee and Sarah Weddington, brought a lawsuit on behalf of a pregnant woman, Dallas area resident Norma L. McCorvey ("Jane Roe"), claiming a Texas law criminalizing most abortions violated Roe's constitutional rights. The Texas law banned all abortions except those necessary to save the life of the mother. Roe claimed that while her life was not
Abortion, the “early ending of a pregnancy” (“Abortion - Topic Overview” 1), was and remains a controversial topic all across the world. Most states, such as Texas, had made abortions illegal. However, Norma L. McCorvey was a Texas resident with an unwanted pregnancy. “At the time, Texas law only allowed for abortion in cases of rape, incest, or to save the life of the mother” (“On This Day” 1). With this, McCorvey was forced to give birth to a child she truthfully did not want; she could not afford to travel to a state where abortion was legal. Therefore, McCorvey, using the alias Jane Roe, sued a man named Henry Wade, a Dallas County State Attorney, who enforced the law of abortion.
January 23, 2000 marked the twenty-seventh anniversary of the Roe v. Wade case. It all started out in a small town in Texas where a woman under the alias Jane Roe filed a case in district court for a woman’s right to choose abortion. At this time law in Texas prohibited abortion. Eventually the case moved to Supreme Court.
Abortion has always been an extremely controversial issue. There are, and will probably always be many different views concerning the ethical acceptability as well as the social policy aspects of abortion. In fact, before the decision made in the famous court case of Roe v. Wade, abortion was morally wrong and was constituted as a crime that could lead to a prison sentence of up to five years. In Roe v. Wade, many unsettled questions were avowed and discussed.
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 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
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
Henry Wade represented the Texas state law to prohibit abortion. Eventually, the case came to a close and was decided on January 22, 1973. Ever since the case of Roe v. Wade, there have been approximately 1.5 million legal abortions each year (Edwards III, Wattenberg, and Lineberry 131).
In 1970, Norma McCorvey, a single and pregnant woman in Texas wanted to get an abortion. The state laws of Texas at that time stated that it was illegal to have an abortion in Texas. Even though the state told her that she could go to one of the four states in which abortion was legal to have the procedure done, she decided that she could not afford to travel to another state to receive the procedure. Norma McCorvey decided that she would sue the state of Texas, claiming that her
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
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 Roe v. Wade, the court looked at a Texas law that did not permit abortion
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).