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Roe v Wade
By: Francesca Rubio
Before, abortion was ONLY permitted to save a pregnant woman’s life. However, a Texas woman by the name of Roe desired to interrupt her pregnancy by having an abortion. After granting certiorati, (higher court reviews the decision of a lower court) the case was revised twice.
FACTS OF THE CASE
QUESTION
Does the Constitution embrace a woman’s right to terminate her pregnancy by abortion?
OPINION
7-2 decision for Jane Roe. Seven out of nine judges (Burger, Douglas, Brennan, Stewart, Marshall, Blackman, and Powell) all agreed that this issue fell under a right every human being is granted: the right to privacy. 46 states were affected by the new ruling.
Justices White and Rehnquist, dissenting.
The reasoning behind their decisions had to do with the lack of argument on behalf of the Constitution to back-up such new right. They argued apropos how the Court valued the convenience of the pregnant woman more than the potential life she was carrying. The Court was criticized for involving itself in this issue by creating “a constitutional barrier to state efforts to protect human life and by investing mothers and doctors with the constitutionally protected right to exterminate it,” White objected.
DISSENT
This ruling made abortion legal under many circumstances. It protects woman's rights to choose a safer alternative to terminate their pregnancy.
HISTORICAL SIGNIFICANCE
- https://www.history.com/topics/womens-rights/roe-v-wade
- https://www.oyez.org/cases/1971/70-18
BIBLIOGRAPHY
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