Roe V. Wade: A Woman's Right To Abortion

Is the right to privacy, protected by the Fourteenth amendment, allow a woman to have an abortion ? Is the Texas law constitutional ? • Holding : The decision gave a woman a right to abortion : a woman's right to an abortion fell within the right to privacy protected by the Fourteenth Amendment. It is a fundamental right and the Texas law is unconstitutional based upon this right to privacy.

There were a number of court cases that were used as precedents for Roe v. Wade. Since the Marbury v. Madison case in 1803, the Supreme Court was mandated the power to interpret the Constitution and consider any law unconstitutional known as judicial review. The next stepping stone for abortion was Griswold v. Connecticut that was enacted in 1965 that ruled contraceptives as a couple 's right to privacy. The first Supreme Court ruling that legalized abortion throughout every state in the United States was the case of Roe v. Wade. Under the alias of Roe, a pregnant woman secured her rights to an abortion under marital privacy as an extension of her right to privacy.

Intro I will be discussing Abortions in the USA, I will discuss Roe v Wade, What the conflict is, and what effect the overturning made last year. What is Roe vs Wade? Roe v. Wade, 410 U.S. 113 (1973) was a court case in 1973 argued by Sarah Weddington and Linda Coffee.

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.

Wade "permits abortions right up to the day of delivery. " That is an inaccurate and highly misleading statement. ~There is additional misinformation about the constitutional basis for the High Court 's decision. Many writers contend that abortion rights are based on the equal protection clause of the Fourteenth Amendment. That is only partly correct.

“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).

In Roe v. Wade, the woman 's right to abortion was upheld (American History). It resulted to wide disparity among those who believe that life is considered as sacred. Such individuals included large number of Catholics,

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.

The motivations for anti-abortion laws varied from state to state. But in 1973 the supreme court “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 Roe) This was called Roe v. Wade.

With almost half the nation divided among their views, abortion remains one of the most controversial topics in our society. Since Roe v. Wade, our views in society as well as following court cases have been progressing toward the woman’s right to choose. The precedent set by Roe v. Wade made the Supreme Court acknowledge that it cannot rule specifically when life begins and it also affirms that it is the woman’s right to have an abortion under the 14th Amendment. In the 1st Amendment, the Establishment Clause forbids the government from passing laws “which aid one religion, aid all religions, or prefer one religion over another”. Many Christian pro-lifers use their religious beliefs to dispute when life begins.

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.

Wade case of 1973, it declared most state anti-abortion laws unconstitutional and that decision should be overturned. This decision has cost the lives of 56 million innocent babies cruelly torn from their mother’s womb. How is this not like the Hitler’s Germany and Stalin’s Russia? The right to privacy defended Roe v. Wade and that is “utterly idiotic” according to US Supreme Court Justice Antonin Scalia. Justice William H. Rehnquist also believes that an abortion “is not ‘private’ in the ordinary usage of that word.

The issue about this case was that pro-life or pro-choice made an argument about which is the best choice. For me I feel like it’s better to be pro-choice just because of different situation such as being raped, or having a tough pregnancy. After, the court held that woman rights to get an abortion fell within the right to privacy that is in the Fourteenth Amendment. This decision allowed women to have total autonomy over their pregnancy in the first trimester. After this case 46 stated allowed abortion to take