Preview

Analysis Of The Supreme Court Case Of Roe Vs. Wade

Better Essays
Open Document
Open Document
1332 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Analysis Of The Supreme Court Case Of Roe Vs. Wade
Roe vs. Wade Roe vs. Wade is a very well-known court case about abortion in the United States. It broke the news in 1969 when a divorced, poverty stricken, high school dropout, Norma McCorvey, desired for an abortion.1 In the state of Texas during this time, abortion was prohibited unless it jeopardized a woman’s health. So, Norma decided to have her child and set the child up for adoption. Then, she met Sarah Weddington and Linda Coffee. Dictating on whether Texas’ Law was constitutional, the women testified against it. Becoming Jane Roe, the three women were battling against Henry Wade, who was the criminal district attorney for Dallas, Texas. Wade agreed to go to court, and from then on became the start of Roe vs. Wade. Texas in 1969 …show more content…
This era used minimum protection for the little ones. Also Supreme Court included Connecticut because it was the first state to ordain abortion legislation. In the 1950s abortion was banned in exception of jeopardy to the life of the mother. Justice Blackmun included three reasons to explain criminal abortion laws. One reason is to discourage illicit sexual conduct.4 Another is medical procedures.5 During the 1970s, the state was concerned with the medical procedures and medicines that physicians provide to their patients because it could put the mother in harms way. Past days, the medicines and procedures are not as sterile as they are today. The procedures present day are far more innocuous. The state has an important state interest when dealing with health and safety. The state also has a legitimate state interest when the procedure is performed under maximum safety for the patient.6 The last reason is the states interest.7 The state believes that only an abortion should occur when the mother is at risk for health. Unless that exception, no abortion should be performed. The embryo should not subsist when the mother is at risk even though the moment of conception is the start of a human life. Although whether that sentiment is true or false, it should not rest on the states legitimate …show more content…
In the 4th amendment, it states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause...”9 This amendment protects the right to privacy of search and seizure. Also in amendment 5, it states “no person shall be held for a capital, or otherwise infamous crime unless on a presentment or indictment of a grand jury...”10 This amendment protects the privacy not to talk, or the right to remain silent. None of these amendments including the others not stated say anything about the right to privacy, but the right broader than the actual

You May Also Find These Documents Helpful

  • Powerful Essays

    The Popol Vuh

    • 1678 Words
    • 7 Pages

    It seems important that before the issue is debated from my viewpoint that the question should be asked: how did such a hot and debatable topic come to be. The decision by the Supreme Court of United States of America in Rowe v Wade sets the stage for this controversial topic which led to legislation legalizing abortion in 1973. Consider an excerpt from the book ABORTATION OPPOSING VIEWPOINTS edited by Mary E. Williams:…

    • 1678 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Abortion is one of the most divisive moral issues of America today. The Roe vs. Wade court case in 1973 made the debate national. This case was filed by a pregnant woman, Norma McCorvey, against Henry Wade, the district attorney of Texas. In Texas, abortion was illegal. This court case overturned the previous law on abortion and made it a right to privacy between a woman and her doctor up until the third trimester in order to coincide with the 14th Amendment and also balance with why the state wanted it to be illegal in the first place; to protect prenatal life and women’s health. Now a day, 2% of women between the ages 15-44 will have an abortion. Out of all the teens that partake in sexual intercourse, 19% of them will become pregnant with 78% of those pregnancies unplanned and about 4 out of 10 unplanned pregnancies result in abortion.…

    • 659 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The US constitution does not contain a specific right to privacy but the Bill of Rights does imply it. The ninth amendment of the Bill of Rights reads “the bill of rights shall not be construed to deny or disparage other rights retained by the people”. This amendment states that the rights of the people that are not specifically named are still equally important as the ones that are. Since the constitution does not give the government the right to violate privacy, it is said to be the same as retaining the right to privacy for the citizens. It is more of an implied right than an expressed one.…

    • 1489 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    During the 1970’s the U.S. Supreme Court reviewed the case Roe vs. Wade, which involved a Texas woman named Norma McCorvey, who wanted the right to have an abortion. The historical events of the 20th century laid the groundwork for Roe vs. Wade. Norma McCorvey and her lawyers brought their case to the Supreme Court, hoping the Texas Abortion Law would be revoked. They used the U.S. Constitution’s 9th and 14th amendments to prove that abortion is a constitutional right, which every women should be allowed to have. The Supreme Court carefully reviewed the case, and formed a majority and dissenting opinion. Roe vs. Wade and the decision to legalize abortion continues to have a significant impact on the U.S. today. Roe vs. Wade became one of the…

    • 139 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Roe Vs. Wade Case

    • 171 Words
    • 1 Page

    I think that Roe v. Wade case was rightly decided because every woman has the right to choose either abortion or childbirth. I also think abortion should be decided by the pregnant woman and her physician , other people should respect the woman’s decision instead of population vote. Zoila has the same opinion. However, Cristina disagrees the opinion. She states, “the decision to this case is wrongful because a life incapable of deciding is being taken away, by a decision of another person”. In her opinion, she thinks a baby shouldn’t die by a choice. I deeply respect her view, but we have few disagreements. First, the legalized abortion is a feminist movement in the history. Second, the legalized abortion lower the women’s death rate from the…

    • 171 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Roe Vs Wade Case

    • 171 Words
    • 1 Page

    The precedent of Roe v. Wade has been challenged on a number of occasions and the Supreme Court has reaffirmed the decision based on stare decisis. One of the primary purposes of stare decisis is that it ensures impartiality and "if the law on a subject is well settled, someone bringing a case can usually rely on the court to rule based on what the law has been in the past" (Cross & Miller, 2016, pg. 27). I also think of settled law in terms of being a parent and the important decisions I make to ensure the safety of my children. Once a decision has been made in the best interest of my children, it becomes a rule and is considered settled law in my household. If need be, I will revisit those decisions and apply them to similar situations…

    • 171 Words
    • 1 Page
    Good Essays
  • Good Essays

    Roe V Wade

    • 589 Words
    • 3 Pages

    In Texas abortions weren’t aloud, and because of that women would get illegal abortions formed. These illegal abortions are highly dangerous meaning so many women died from trying this process. Roe was a 21 year old pregnant girl who struggled through life. Was a 10thgrade drop out, abused, and raped as a teenager. She spent some time in behavior school, to get her life back together because she abused alcohol and drugs. Though she had a hard life no mater how many kids she conceived she never could have an abortion, but she felt that she should get one because she wasn’t healthy , and she only had a 10th grade education how would she be ready to take care a child. Roe also didn’t have thee funds to obtain one.…

    • 589 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The Impact of Roe V. Wade

    • 1738 Words
    • 7 Pages

    Among the many landmark cases of the United States Supreme Court, Roe v. Wade, 410 U.S. 113 (1973), still is one of the most controversial and politically significant cases in U.S. Supreme Court history, greatly affecting political elections and decisions concerning women’s rights ever since.…

    • 1738 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Roe V. Wade Analysis

    • 1415 Words
    • 6 Pages

    FACTS: The plaintiffs, five abortion clinics, a class of physicians who provided abortion services, and one physician representing himself independently, challenged provisions of the Pennsylvania Abortion Control Act of 1982 which they argued were unconstitutional under Roe v. Wade, in which it was decided that abortion is a fundamental right protected by the Due Process Clause of the Fourteenth Amendment. The provisions challenged were the required informed consent, the 24 hour waiting period prior to the procedure, the requirement that a minor seeking an abortion must obtain consent, and the requirement that a married woman must indicate that she notified her husband of her intention to have an abortion. The District Court held that all of…

    • 1415 Words
    • 6 Pages
    Good Essays
  • Better Essays

    The Fourth Amendment

    • 1648 Words
    • 7 Pages

    The Fourth Amendment grants American citizens protection from illegal searches and seizures. The Fourth Amendment is designed to protect the right to privacy…

    • 1648 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    Roe V. Wade Analysis

    • 1619 Words
    • 7 Pages

    Wade, the justices erred in declaring that the abortion statutes of the state of Texas were unconstitutional. It based its decision on interpretations of the Ninth Amendment, through the Fourteenth Amendment. Though I believe that the right to having abortions is a right our society should continue to allow, I do not believe that the original intent of these amendments covered abortions.…

    • 1619 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    This paper describes the controversial issue with the Supreme Court decision of Roe v. Wade. It will include the background of the problem and the legal conflicts between woman and their privacy rights. There are certain factors that many people believe why abortion should be legal or illegal. Some solutions to this issue will be explain through both of pro-life and pro-choice perspective. Abortion is a serious decision and woman should have access to all the safe services provided by healthcare centers.…

    • 82 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Roe V. Wade Pros And Cons

    • 746 Words
    • 3 Pages

    There was also violence against the doctors themselves who performed abortions. Some states even lost their federal funds for abortions, abortions clinics and abortions educations materials. This in the Supreme Court’s most noticed cases concerning abortions.…

    • 746 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Roe V. Wade Summary

    • 392 Words
    • 2 Pages

    The judges ruled in favor of Roe and stated that the statues were unconstitutional, but they refused to grant declaratory relief. Thus, Roe bypassed the US Court of Appeals and went to the Supreme Court on expedited appeal for injunction. The Supreme Court ruled in favor of Roe and the district court’s judgement was affirmed. The court argued that Roe had a constitutional right to privacy and preventing her from getting an abortion violated her “zone of privacy.” Despite this, the court did not rule completely in favor of abortion. They agreed that during the first trimester of pregnancy, the decision for abortion is that of the doctor and and the patient. However, they concluded that states might regulate certain aspects of abortion during the second and third trimester of pregnancy to protect the health of the…

    • 392 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    The United States Supreme Court decision would render the state statute unconstitutional due to the judicial review process. Judicial review is defined as the power held by the judicial branch that permits courts to review the actions of the executive and legislative branches, and of the states, and declare acts that are in violation of the U.S. Constitution void (Hall, 2015, p. 16). The United States Supreme Court is the most powerful court in the United States, and the state statute would be invalidated by the Supreme Court’s decision in the Roe v. Wade case. Roe v. Wade established a precedent concerning abortion, and since the Supreme Court is the most powerful court in our country, all lower courts are required to comply with the ruling…

    • 149 Words
    • 1 Page
    Satisfactory Essays