Essay on Roe V. Wade

Submitted By jaydeeu
Words: 914
Pages: 4
Open Document
410 U.S.113

Roe v. Wade (1973)
Parties involved in the suit
Parties involved in the suit Roe, Dr. Hallaford, a married couple with no children. Roe and plaintiffs felt at the time that their constitutional rights were being infringed on limiting their rights to carry out the procedure of an abortion and privacy violations. Texas laws state that it was unlawful to have an abortion only with exception if a mother life was in jeopardy. So Roe along with others filed a class action lawsuit against Wade the county district attorney implying that the law was unconstitutional.
Facts of the cases
In the 60’s, during these times there were no federals laws in place limiting states on abortion rights. In 1971 in the state of Texas it was a crime to have an abortion without it being medically necessary according to their state penal code. Roe who was a single mother who was pregnant could not have an abortion done because of the Texas state laws prohibiting her do so. Roe felt that this was unconstitutional for a state to have power over one’s personal privacy outlawing abortion. Roe was not the only one opposing to fact that this was unconstitutional. Dr.Hallarford who was undergoing pending charges of abortion who intervene with Roe case on abortion and privacy had to explain to the courts that he had pending charges against him at the time for performing abortions against state laws at the time but he as well felt that the state was infringing on his patient privacy act as well. The (does) Marry couple with no children who had they own personal view with possible future failures of contraceptive was a plaintiff as well in this case that agreed with Roe and was allowed to intervene with the case becoming plaintiff but the case was later dismiss without merit. Roe and plaintiffs felt the state was in violation of the 9th amendment that retains individual rights not mentioned for the people and the 14th amendments which explains who is a citizen; prohibits states from abridging privileges or immunities of citizens; tells states to uphold due process and equal protection under law.
Issue before the court was the state laws unconstitutional. Should a state be allowed to limit a women’s ability to terminate pregnancy in the first trimester?
In what trimester should the states be allowed to intervene in one’s pregnancy?

Courts Decision
The case was argued December 13, 1971_ _ Reargued October 11, 1972 and the court decided on January 22, 1973 a year and a month later. The supreme court ruled 7-2 that Texas state laws on abortion were unconstitutional and that it violated Roe 9th amendment that retains individual rights not mentioned for the people and the 14th amendments which explains who is a citizen; prohibits states tells states to uphold due process and equal protection under law.
Legal Reasoning for majority Concurring with the majority JUSTICE BLACKMUN delivered the opinion of the Court “we forthwith acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires. One's philosophy, one's experiences, one's exposure to the raw edges of human existence, one's religious training, one's attitudes toward life and family and their values, and the moral standards one establishes and seeks to observe, are all likely to influence and to color one's thinking and conclusions about
Show More

Related Documents: Essay on Roe V. Wade

Roe V Wade Essay

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…

Words 288 - Pages 2

Roe V. Wade Summary

women’s rights the ruling of the United States Supreme Court Case Roe v. Wade is typically front and center. This landmark case has become a pillar for many court decisions and changes in several state legislations. This case deals with the legality of abortion as a right and not a medical necessity. In 1970 Norma McCorvey also known as Jane Roe filed a class action law suit against the Dallas County district attorney Henry Wade in Texas (CNN, 2017). At the time McCorvey filed for the law suit she…

Words 1183 - Pages 5

Roe V. Wade Essay

Case Analysis of Roe v. Wade Approximately 22% of all U.S. pregnancies end in abortion. What percentages do you think that would be without Roe v. Wade? The case of Roe v. Wade was a case filed by “Jane Roe” an unmarried woman who wanted to safely and legally end her pregnancy. Fact and History On Jan 22 1973, the US Supreme Court came to a decision on the case Roe v. Wade. The Court ruled under the Fourteenth Amendment that the constitution right to privacy is general enough to include…

Words 627 - Pages 3

Roe V. Wade Case

Roe v. Wade is arguably the Supreme Court’s most controversial ruling, stirring up countless discussions as to whether or not the U.S. Constitution embraces a woman's right to terminate her pregnancy by abortion, and these arguments reached their pinnacle after this case. When talking about abortions, a debate is nearly always brought back to one’s interpretation of the Due Process Clause, and what, if any, Substantive Due Process rights are stemmed from this section of the 14th amendment. Throughout…

Words 1244 - Pages 5

Roe V. Wade Summary

constitutional right is under Roe v. Wade. The case began on March of 1970 in Texas when Jane Roe an unmarried pregnant woman challenged the state of Texas’s anti-abortion law, by stating that the laws are vague and did not follow the ninth and fourteenth amendments of the Constitution. At the time of her case she was pregnant and the final decision from the case was not made until after her baby was born and adopted by another individual. Her suit was fought against Henry Wade who enforced the state’s…

Words 834 - Pages 4

Roe V Wade Case Study

Norma McConey also known under the alias Roe in the Roe v Wade case. Roe v Wade was a historic case decision that happened on January 22, 1973. It was the court case that created the current abortion law in the United States. This case was created after Norma wanted to terminate her 3rd child at the age of 21 years old. She was currently living in Texas at the time and in Texas abortion was only legal under certain circumstances. "wished to terminate her pregnancy by an abortion 'performed by a competent…

Words 1267 - Pages 6

The Pros And Cons Of Roe V. Wade

misconception that the Super Courts 1973 ruling on Roe V. Wade just deals with the matter of if a women has a right to terminate her pregnancy. Although that right is protected under the courts ruling, Roe V. Wade covers a much broader spectrum of rights that are not only set aside for women, but for men as well. Most Americans fail to grasp the notion, including politicians, fail to realize that personal privacy is sheathed in the broad scope of Roe V. Wade. With election season swiftly approaching, it…

Words 247 - Pages 1

Roe V. Wade Case Analysis

called the “Sexual Revolution”. During this time, the taboo concepts, such as birth control, were being talked about freely and becoming more easily available. This decade of change had many effects on women, such as decriminalizing abortion. The Roe v. Wade Supreme Court case is historic because it gave women a choice and a right to the privacy of their bodies. In Texas, abortions would be performed under certain circumstances. Norma L. McCorvey was a 21 year old in Dallas, Texas and pregnant with…

Words 611 - Pages 3

Controversial Issues In Roe V. Wade

wrong, what a person should be able to do and what they should not. This is how cases reach the Supreme Court as was the case of Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. The issue in Roe v. Wade was if abortion was protected by the Due Process of the Fourteenth Amendment in which the court ruled in Roe’s favor. The case of Roe v. Wade initiated because Norma McCorvey wanted to get an abortion. At the time of her decision she already had a five-year-old girl and…

Words 1286 - Pages 6

Roe V. Wade Case Study

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…

Words 1276 - Pages 6