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Roe vs. Wade

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Alo Halo

on 10 December 2014

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Transcript of Roe vs. Wade

The Case of Roe v. Wade
The Case of Roe v. Wade
In 1971, Ms. Norma McCorvey or under her alias Jane Roe, challenged Dallas District Attorney Henry Wade, who enforced a Texas ordiance that prohibited abortion in the state except when saving a woman's life. Roe filed the case after she was refused an abortion, unknowling beginning a new turn for the female population.
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Effects of the Case
The Case of Roe v. Wade
By: Cristina Berron and Alondra Cervantes
AP Government/ Period 3
Mr. Conner
Abortion Before Roe v. Wade
The Court Decision
About 44 states made abortion illegal, unless the pregnancy was causing life-threatening issues for the mother.
1.2 million women would resort to unsafe, unsanitary, and illegal abortions every year before Roe v. Wade.
Abortion Before Roe v. Wade
Women would buy abortion pills in the black market and doctors would pretend to do a different medical procedure when carrying out an abortion.
The Comstock Law (1873) prohibited materials associated with contraception and abortion to be distributed through mail.
In 1969, groups of women initiated "Jane", an underground railroad in which women would have safe and economical abortions, and some were even taught how to carry out the procedure themselves.
Should laws against abortion be considered violations to the U.S. Constitution, specifically the Fifth and Fourteenth Amendments, which state that "[No person shall be].... nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws"?
Roe v. Wade Issues
Roe v. Wade Issues
Did States have the power to regulate the health, safety, and morals of the community?
Was the Texas law a biased invasion of privacy, or was it a reasonable exercise of the police power, in which the government has control over persons and property as long as it has "interest in the general security, health, safety, and morals"?
In 1971, Ms. Norma McCorvey or under her alias, Jane Roe, challenged Dallas District Attorney Henry Wade, who enforced a Texas Ordinance that prohibited abortion except when saving a woman's life. Roe filed a suit after she was denied an abortion in the state and wished to extend the right of abortion to all women without having to be in a dire need of an abortion. Roe believed women had the right whenever to terminate their pregnancy since a fetus wasn't actually a "human being".
Should women be permitted to end their pregnancies “at will,” or are fetuses “persons” with rights that should be protected by the State?
The Case
The Court agreed with Roe and upheld her right to terminate a pregnancy in the first trimester (90 days).
The Court observed that Section 1 of the 14th Amendment contained three references to "person." In his majority opinion, Justice Blackmun noted that, for nearly all such references in the Constitution, "use of the word is such that it has application only postnatally. None indicates, with any assurance, that it has any possible prenatal application."
Blackmun's decision revolved around the development of the fetus during pregnancy. He held that during the first trimester, or three months, of a pregnancy, the woman in consultation with her physician had an unrestricted right to an abortion.
During the second trimester, States could regulate abortion to protect a woman's health.
Finally, during the third trimester, the State's interest in protecting the potential life of the fetus was sufficient to justify severe restrictions.



Effects of the Case
After it was legalized, the number of abortion were high, until it started decreasing as the years went by.
In 1965, it was known that about 17% of the deaths due to pregnancy was a result to those illegal abortions.
However, Henry Wade and the state believed otherwise. The state induced it was its own duty to protect prenatal life, and that it's law is a valid exercise of police powers reserved to the States in order to protect the health and safety of citizens, including the unborn.
When the U.S. Supreme Court announced its decision in Roe v. Wade, it became the first court case to recognize 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 case was able to render many laws unconstitutional that multiple states placed against abortion and it made abortion services vastly safer and more accessible to women throughout the country. The decision was able to set a legal precedent that affected more than 30 subsequent Supreme Court cases involving restrictions on access to abortion. However opposition against abortion has increased over the years. Organizations such as Pro-Life has tried to hinder any support for abortion for many years. In addition, anti-abortion politicians have taken part in "junk science", which provides false information about the negative effects of abortion. An example would be the link between abortion and breast-cancer.
There were many supporters and opponents for the Supreme Court decision.
Supporters considered the ruling a success towards women's rights and their ability to make decisions that concern their own body.
Opponents and organizations, like those in Pro-Life, thought abortion went against the values of family.
Opponents like conservatives and the Church carried out movements to protect the unborn (Right to Life).
Many more women were injured and usually lost their reproductive capacity.
Questions
2. Do you think any person other than a woman who is pregnant should have a say on whether or not she should carry out an abortion?
3. Do you believe the fetus is actually a human being or just a growing mass developing within a woman's stomach?
1.What were the decisions of the case?
Full transcript