Roe V. Wade Case Study

In an attempt for agreement to legalize abortion in the state of Texas, Norma McCorvey, better known as, “Jane Roe,” fought Henry Wade in the court case known as, Roe v. Wade. Roe v. Wad was decided by the United States Supreme Court in agreement to the legality of woman’s rights to have an abortion under the Fourteenth amendment. The Fourteenth amendment guarantees American citizens the privileges and immunities of citizenship, due process and equal protection. This case was ruled upon in front of a three-judge district court. Roe, at the time of her pregnancy, could not afford to take care of another child, leading her to seek abortion. “McCorvey carried her pregnancy and gave up the child she bore for adoption.” Texas, like most of the …show more content…
“It is undisputed that at common law, abortion performed before ‘quickening’- the first recognizable movement of the fetus in the utero, appearing usually from the 16th to the 18th week of pregnancy- was not an indictable offence. . .” The state would no longer be able to interfere at this point. During the mother’s second trimester, the states would have a compelling interest as long as it was protecting the mother’s health and well-being. If it were to harm the mother, the state would have a compelling interest to be involved in the decision, as long as it would protect the mother’s health. If the procedure were to harm the mother, the state would no longer allow for the abortion to take place. Once the woman’s pregnancy reached the third trimester, the fetus would be able to survive outside of the mother’s uterus. This would allow for the state to step in and regulate the abortion. They would have a reasonable cause to either allow or prohibit the abortion. If the mother was trying to abort the fetus during the third trimester, it could result in a criminal charge filed by the state …show more content…
Planned Parenthood of Southeastern Pennsylvania v. Casey took place to revisit the ruling of Roe v. Wade, where the state prohibited from presiding over abortions. Like Roe v. Wade, this case came with numerous provisions. It imposed several stipulations and obligations on a woman seeking an abortion in the state of Pennsylvania. Planned Parenthood of Southeastern Pennsylvania went to court and fought these provisions and obligations burdening mothers seeking an abortion. If an expecting mother were seeking an abortion, she would have to follow certain stipulations that could and would put a burden on her. If the mother were to be married at the time, she must notify her spouse and contain spousal consent. This could perhaps lead to marital violence between a husband and wife. An underage mother would have to receive her parent’s approval and consent in order for her to follow through with the procedure. All mothers would have to go through a twenty-four hour waiting period. During the twenty-four hour waiting period, the mother would receive information regarding abortions from their doctors. Lastly, the mother would have to publicly disclose any information and requirements on the doctor who performed the procedure. The trimester framework, previously reported during the Roe v. Wade case, was soon discarded during the Planned Parenthood trial. “We concluded that the basic

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