The Roe V. Wade Court Case

Few Supreme Court decisions have stirred up as much controversy, vitriolic debate, and even violence as the one delivered in Roe v. Wade in 1973. Four decades later, it remains a touchstone for the culture wars in the United States and a pivot upon which much of American politics turns. In fact, the authors of “Roe v. Wade: The Abortion Rights Controversy in American History” state that even today, the case (and its companion cases) “remains the most divisive and controversial judicial decision of the twentieth century” (3). Although it is a landmark case in itself, its continuing influence on American law and politics proves that its legacy lives on far beyond its formal resolution in a court of law. Essentially, the most important points are that the cause of the case’s complexity and drama is the legal relationship between men and women that the ruling mirrored and compounded, the way the medical profession was impacted, and the political significance that the issue still holds presently.

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 the dubious case, Roe v. Wade, a pregnant lady who was given the name Jane Roe to shroud her personality endeavored to get an abortion yet they were unlawful in Texas so she sued the state for attack of protection. Roe 's genuine name is Norma McCorvey; she assaulted and got to be pregnant. In 1969, when she moved back to her home state, she was denied an abortion on grounds that her wellbeing was not undermined. She had surrendered hunting down a safe clinical abortion when two legal counselors reached her about her story. These attorneys were Linda Coffee and Sarah Weddington. John and Mary Doe, a couple that had offered their administrations in a past abortion case, drew nearer Coffee and Weddington who immediately included them for the situation. Espresso and Wellington made an impeccable couple of legal counselors to head up the battle against the District Attorney of Texas, Henry Wade. Henry Wade picked one of his most skilled legal advisors, John Tolle, to guard him in this suit.

Judicial activism is based on political or personal considerations. Also, Judicial activism. allow judges to arrive at decisions and based on personal and political considerations, as opposed to a law. For many decades, women have advocated for fair treatment, and to hold the same position and jobs that men do. For a considerable number of woman, the Wade v. Roe case has signified a appropriate use of judicial activism, as well as an stepping stone for women’s rights and equality.

Since the landmark court case of Roe v. Wade in 1973, the controversy of abortion has only increased. Though the court subjected the act of abortion a fundamental right under the United States Constitution, pro-life activists continue to prevail. The Constitution protects the natural rights of citizens, including the freedom of choice in abortion, thereby the right to abortion should be protected.

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.

Adams, E. Jill. (2005). THE ABORTION RIGHTS CONTROVERSY IN AMERICA: A LEGAL READER. Berkeley Journal of Gender, Law & Justice, 20, 308-320. Retrieved on February 26, 2017, from EBSCOhost database

FACTS The prosecution, Jane Roe, a pregnant single women brought a class action lawsuit in an effort to challenge the laws in Texas surrounding abortion and their constitutionality. Texas laws made it illegal to have an abortion without the medical direction of a medical professional, in which case it would be for the health and well-being of the pregnant mother. The respondents made up of Dr. Hallford who was criminally charged with for violating Texas abortion laws; and a married couple with no children, the Does, who sought to fight the enforcement of Texas abortion laws by the government for being unconstitutional. The defendant was Henry Wade, the county District

Kelly Fadden Business Law Professor Saunders 4/20/2015 Style of Case Roe v. Wade Citation 410 U.S. 114(1973) Factual Background Roe was an unmarried woman looking to get an abortion. The law in Texas, where she lived and the case was decided, was that a woman could get an abortion if, and only if, she was in a life threatening situation because of the pregnancy. Roe brought forth the case to speak on behalf of all women in the same position she herself was. There were also two other cases being brought before the court on the same matter with the plaintiffs being Hallford and the Does. Hallford was a doctor facing criminal charges for performing abortions on three women. The Does were a childless couple who were not expecting, though Mrs. Doe, if she were to become pregnant might face complications,

Prior to the ruling of Roe v. Wade, the issue of abortion was already put on the political agenda, gaining support from the public opinion. Women’s movements and pro-choice movements had already mobilized in terms of gaining women’s abortion rights, as well as focusing on other women’s issues. The case of Roe v. Wade originated when Norma NcCorvey (Jane Roe) became pregnant as a result of rape, and was unable to receive an abortion, as the procedure was illegal under Texas law. Being denied by her doctor, NcCorvey fought her right to get an abortion with lawyers Wellington and Coffee, who argued that the right to privacy includes a woman’s right to receive an abortion. The arguing side representing the state disagreed; stating

Many Pro-Life activists believe their law is higher than any state or nation, and that they are obeying to their higher ruler of law, God. (Cauthen, 24). Most of the time, the protestors decide to gather around clinics or hospitals where abortions are normally performed, and attempt to harass the patients with threats or physically harass them. They believe that no matter what stage in the pregnancy you are in, the child is still a child. By getting an abortion, the mother is eliminating any chance for the child to make any benefits to the society and she is taking away his/her rights to live his/her life and become someone in the community. As I stated earlier in the Roe vs. Wade case the judge made a ruling stating similar, the United States

The U.S. Supreme Court’s decision on the 1973 Roe v. Wade interpreted the constitutional right to privacy portion to entail a woman’s right to abortion. This case gave rise to the most intense and political debate in the U.S. today. This debate was further complicated in the 1992 decision in the Planned Parenthood of Southeastern Pennsylvania v. Casey, which allowed for states to enact legislation to restrict and regulate abortion. The dispute over abortion rights has remained constant over the last 20 years between 1973 and 1994 (Carmines, & Woods, 2002). Moreover, there is a sharp divide between Democratic and Republican parties. Democratic party elites have taken a pro-choice approach while Republicans are pro-life. According to a survey

Roe v. Wade the Supreme Court case has been agonized over for years upon years. Should abortion be legal is the million dollar question. In 1973 the decision was cast that yes abortion is a legal right for women. Now over forty years later, a very similar case is back in the Supreme Court. In late 2015 the new case centered on Texas abortion laws was brought to the forefront of the media. After forty years of legal abortion, people are continually protesting the issue. Why are we revisiting this issue today?

That abortion is a part of a woman’s unwritten right to privacy, and it has grounds in amendments 1, 4, 5, 9, and 14. Also that, activities related to “marriage, procreation, family relationship, and child rearing and education,” are “implicit in the concept of ordered

Hillary Clinton is Pro-Abortion and said, "I will defend Planned Parenthood. I will defend Roe v. Wade, and I will defend women's rights to make their own healthcare decisions." She said that the 1973 Helms Amendment, which prohibits the use of foreign assistance funds for abortion, should be reconsidered in conflict zones where rape is used as a weapon of war. Clinton supports permitting individuals to voluntarily pay to join Medicare and receive health coverage at age 55. Under her affordable healthcare and prescription drug plan, a patient would be able to visit a doctor three times without it counting toward their annual deductible, families ineligible for Medicare would receive a tax credit for out-of-pocket healthcare expenses, prescription