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Roe v Wade
Transcript of Roe v Wade
Wade Roe filed a law suit against the district attorney of Dallas County (Wade) stating that the law violated personal liberty and privacy protected by the 1st, 4th, 5th, 9th, and 14th Amendments. Alhough the Constitution does not clearly state the word "privacy" in the context, the argument for it is based off the Due Process Clause of the 14th Amendment. How the Case Moved Through the Court System In this case, the main conflict
was interpreting the content of the Constitution to review the privacy content and what falls into that category. In the earlier parts of the 1900's, abortions were outlawed in most states. After the "sexual revolution" in the 1950's, some states eased their anti-abortion laws. This made it easy to travel to another state to receive an abortion. However, many women in
poverty were not able to travel, increasing the question of equality. When the government
attempted to control the use of
contraceptions, the real question became that of privacy. After the Supreme Court case of Griswold v. Connecticut, it was decided that a state cannot outlaw access to contraceptions due to violations of the privacy of married couples. This raised concerns with abortions, soon leading to this case of Roe v. Wade. The case was argued on
December 13, 1971
Those opposed to Roe stated that abortion is not private, and people do not have that type of privacy, only that in the Fourth Amendment that protects against unreasonable searches and seizures.
In a 7-2 decision... ...the Supreme Court decided in favor of Roe on the cold afternoon of January 22, 1973. The majority opinion, written by Justice Blackmun, stated that the woman's choice of abortion is protected by her right to privacy under the Fourteenth Amendment. This declares that the states "cannot deprive any person...of liberty...without due process of law." The justices also decided that the definition of "person" does not include the unborn. The justices with concurring opinions were Stewart, Blackmun, Burger, Douglas, Brennan, Marshall, and Powell. Those with dissenting opinions were Justices Rehnquist and White. The main reason for their dissenting opinion was that the framers had no intention for the 14th Amendment to protect privacy, especially not protecting a woman's choice to abort. They concluded that it is not an appropriate decision for the Supreme Court to make, but should be left up to the states. Although the case has not significantly influenced any other cases, it increasingly fuels the fight to rid of abortion by pro-life activists, and gives pro-choice supporters an argument to support their opinions. Roe v Wade has made abortion one of the most controversial issues to date. Chief Justice Warren Earl Burger Burger served as Chief Justice of the Supreme Court for seventeen years, after taking over the job from Earl Warren. During his time in office, Burger's Court strengthened the separation of powers in government and limited the exclusionary rule that keeps illegally obtained evidence from being used in the courtroom. Some of his landmark decisions include United States v Nixon, which limited a lot of the president's powers, and Milliken v Bradley, which dealt with planned desegregation busing after segregation was outlawed. Jane Roe, an unmarried and pregnant Texas resident, wanted to have an abortion and challenged the state law that declared abortion a felony unless it was to save the mother's life. Those in favor of Roe argued that the First, Fourth, Fifth, Ninth, and Fourteenth Amendments protect the
right to privacy, as well as a guarantee to personal liberty. United States District Court for the Northern District of Texas (1970) A three-judge panel declared that the law violated Roe's rights but refused to issue an injunction that would have prevented the law from being enforced against all pregnant women. Supreme Court of the United States (1973) "How the Case Moved Through the Court System." Landmark Cases. Street Law, Inc.
24 March 2011. <www.streetlaw.org//en/Page.Landmark.Roe.diagram.aspx>. Vocabulary Terms Liberal
Constitutional v Do you think the baby was aborted?