Roe V. Wade Case Brief

The Supreme Court issued its decision on January 22, 1973. The Supreme Court ruled 7-2 in favor of Jane Roe. The Court said abortion is a fundamental right and affirms the legality of a woman's right of abortion under the Fourteenth amendment to the Constitution, in the right to privacy. • Issue : Does the Constitution allow women the right to have an abortion ? Is a woman's right to an abortion a fundamental right ?

Blackmun and Stevens also wrote concurring opinions, stating that they did not agree with all aspects of the final decision. The justices that did not advocate for and were part of the dissenting opinion were Chief Justice Rehnquist, White, Scalia, and Thomas (“Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833,” 1992).

Struggle with Roe v. Wade Justice Blackmun is most well known for rendering the majority opinion in Roe v. Wade decision. The decision marked a historical and significant rule of law in the United States that brought both praise and criticism. Which held that women have the constitutional right to have an abortion In researching his decision in Rove v. Wade Blackmun spent a lot of time reviewing the practice and medical procedures involved for abortions. He came to realize that the law was vague when it came to the health rights of women.

From 1848 to 1920, an outrageous span of 70 years, women fought for equal rights, to have their voices and opinions heard. Little by little women have gained rights they have so passionately fought for. In 1973, about 50 years after women became eligible to vote, and began to be taken more seriously, the case of Roe v Wade granted women to have one of the most impactful rights to date, to terminate an unwanted pregnancy. Now, it is safe to say that all women and perhaps most men would not want women to lose the rights they have today, especially because there have been many influential women around the world who have been given the chance to be impactful because of the rights they possess. So, if we do not want to take away women’s rights and

Roe vs. Wade is the highly publicized Supreme Court ruling that overturned a Texas interpretation of abortion law and made abortion legal in the United States. The Roe v. Wade decision held that a woman, with her doctor, has the right to choose abortion in earlier months of pregnancy without legal restriction, and with restrictions in later months, based on the right to privacy. As a result, all state laws that limited women 's access to abortions during the first trimester of pregnancy were invalidated by this particular case. State laws limiting such access during the second trimester were upheld only when the restrictions were for the purpose of protecting the health of the pregnant woman. Roe v. Wade legalized abortion in the greater United States, which was not legal at all in many states and was limited by law in others.

This case is known as Roe v Wade. In Roe v Wade the court was asked to vote on whether or not abortion should be legalized throughout the United States. Rehnquist, along with justice White, were the only two justices that voted against the legalization of abortion. Rehnquist stated that the Constitution did not embrace a woman’s right to an abortion. Another case that demonstrates his interpretation of the Constitution is shown in Furman v Georgia.

In the case of Roe v. Wade, the Supreme Court ruled that multiple U.S. amendments give Americans the right to privacy. Although the case ruled abortion a right for women, many states still implement rules and regulations that make a professionally administered abortion very hard, if not nearly impossible to obtain (Abortion). I believe that abortion should be legalized and made readily available all over the world. The easy availability of professional abortions reduces the rate of maternal death (Abortion).

“On January 22, 1973, the U.S. Supreme Court announced its decision in Roe v. Wade, a challenge to a Texas statute that made it a crime to perform an abortion unless a woman’s life was at stake. The case had been filed by “Jane Roe,” an unmarried woman who wanted to safely and legally end her pregnancy. Siding with Roe, the court struck down the Texas law. In its ruling, the court recognized for the first time that the constitutional right to privacy “is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy” (Roe v. Wade, 1973).

The Right to Abortion On January 22, 1973, in a 7-2 ruling, the U.S. Supreme Court handed down it’s landmark decision in the case of Roe v. Wade, which recognized that the constitutional right to privacy extends to a woman’s right to make her own personal medical decisions — including the decision to have an abortion without interference from politicians (Planned Parenthood). There are many moments in history when Roe v. Wade has been so close to being overturned, yet it is still in place. Abortion should stay legal, or not overturned, for the health of women everywhere. First, this important case took place at the time of abortion being illegal in most states, including Texas, where Roe v. Wade began.

In the case Roe v. Wade the involved parties were Linda Coffee and Sarah Weddington on behalf of Norma L. McCorvey (“Jane Roe”). The second party was Henry Wade. The issue upon this case was that “Jane Roe” wanted to have an abortion but the court thought that this breaks the constitution. “Jane Roe” thought that this was an invasion of her privacy that is assured in the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. The decision grants women the right to have an abortion in the first trimester of their pregnancy.

Before Roe v. wade the number of deaths from illegal abortions was around 5000 and in the 50s and 60s the number of illegal abortions ranged from 200,000 to 1.2 million per year. These illegal abortions pose major health risks to the life of the woman including damage to the bladder, intestines as well as rupturing of the uterus. The choice to become a mother must be given to the woman most importantly because it’s her body, her health, and she will be taking on a great responsibility. A woman’s choice to choose abortion should not be restricted by anyone; there are multiple reasons why abortion will be the more sensible decision for the female.

Women’s rights have been a long struggle in America’s legal system, as well as in the religious world, for many decades and women continue to have challenges, concerns, and struggles today. Fighting for what is best for their bodies such as a woman’s right to contraceptives to control whether she will get pregnant or not was not ideal for religious and personal reasons but would find a worthy advocate in a woman who would dedicate her life for women’s reproductive rights. The right for a woman to have an abortion became a legal battle that went all the way to the Supreme Courts in a very well-known case. It has always been a double standard in what was right and wrong, moral or immoral, towards women than men. A man was looked at with respect

56. Webster v. Reproductive Health Services (1989): The Court upheld Missouri restrictions on abortions that “public employees and public facilities were not to be used in performing or assisting abortions unnecessary to save the mother 's life; encouragement and counseling to have abortions was prohibited; and physicians were to perform viability tests upon women in their twentieth (or more) week of pregnancy.” It was a fractured decision that seemed to contradict Roe v. Wade but the court decided to not revisit any parts of Roe v. Wade after this case. The Missouri restrictions did not violate the right to privacy or the Equal Protection Clause of the 14th Amendment.

The Court ruled that the states were forbidden from outlawing any aspect of abortion performed during the first trimester of pregnancy, could only enact abortion regulations reasonably related to maternal health in the second and third trimesters, and could enact abortion laws protecting the life of the fetus only in the third trimester (McBride). At the time Roe was decided, most states severely restricted or banned the practice of abortion. My thoughts on the abortion debate fall in between conservative and liberal views. I believe that women have aright to have an abortion under certain circumstances. If the mother needs an abortion to live it should be legal.

Doris Gudino Professor Chounlamountry Political Science 1 27 July 2015 Pro-Choice Anyone? A woman has, undoubtedly, the freedom to procreate, but once a woman chooses to retreat from that freedom, a commotion arises. Abortion is a woman’s choice for many reasons. It’s her body, therefore, no one else can decide for said person.