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Does the Constitution embrace a woman's right to terminate h
Transcript of Does the Constitution embrace a woman's right to terminate h
Roe V. Wade 1973
Born sep, 22 1947 in Louisiana
In 1969 at the age of 21 Roe became pregnant for a 3rd time.
At this time abortion in texas was not legal unless by rape or incest.
She planned to say that it was rape but there was no evidence
Who, What, When, Where, Why?
At the US District Court for the Northern District of Texas on January 22, 1973 a 7-2 decision Court ruled that the Texas statute violated Jane Roe's constitutional right to privacy.
Who agreed or disagreed?
William O. Douglas
William J. Brennan
“We … 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.” — Justice Blackmun (1973),
-The Court also set up a framework in which the woman's right to abortion and the state's right to protect potential life shift.
first trimester: week 1- week 12: woman's privacy right is strongest and the state may not regulate abortion for any reason;
second trimester: week 13 - week 26 the state may regulate abortion only to protect the health of the woman;
third trimester: week 27- end of pregnancy
the state may regulate or prohibit abortion except where abortion is necessary to preserve the woman's life or health.
-41 states have laws that address post-viability abortion
-An estimated 1.2 million women each year resorted to illegal abortion
-The number of deaths per 100,000 legal abortion procedures declined from 4.1 to 0.6 between 1973 and 1997.
-these cases recognized the right of the individual "to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child"
-aspects of the right to privacy were established in Griswold v. Connecticut, 1965, and in Eisenstadt v. Baird,1972.
-The Supreme Court observed that “[t]he ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives."
-The First, Fourth, Ninth, and Fourteenth Amendments protect an individual's "zone of privacy"