Roe V. Wade Case Study

Roe v. Wade

I chose my second case, Roe v. Wade because it is one of the most referenced cases that I know in regards to abortion and the rights of women. The Constitutional question was… Do women have a right to terminate her pregnancy by abortion? The case actually had three appellants. Jane Roe was a pregnant unmarried Texas woman that wanted to terminate her pregnancy via abortion. The other complainants were a married couple, John and Mary Doe, also from Texas. At the time, Texas law only allowed abortions to women that were at risk of losing their lives due to the pregnancy.
An interesting fact that I did not know before listening and researching this case, was that it was actually argued twice. The case was argued December 13, 1971, …show more content…
In other words what constitutionally significance did Flowers have regarding his argument. Flowers responded to the Justices that they should take the medical research and apply it to the Constitution, he then even apologized for the burden the Court faced. Justice Marshall was quick to point out that there was no medical testimony given in the briefs. At this point it became evident to me that Flower’s was losing his argument on the basis of his claim that a fetus had rights over the mother’s. In the closing argument, Weddington solidified her case by using Constitutional provisions. She stated, “At this time, there is no indication to show that the Constitution would give any protection prior to birth.” She draws her conclusion home in stating her side is not advocating for abortion but for the right of a woman to have that freedom. The Roe v. Wade case was decided January 21, 1973 in favor of Roe, 7-2. The court ruled that the right for a woman to have an abortion fell under the privacy clause, (Griswold v. Connecticut was referenced for this decision). Women’s right to have an abortion was deemed to be protected by the Fourteenth Amendment, which pertains to the rights of citizens, due process and equal protection. The case of Roe v. Wade has become one of the most popular cases in regards to women’s rights, freedoms, and

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