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Roe v. Wade
Chloe, Corey and Haley
Background to Case• Around 1973, it was up to
certain states to make laws about abortions
• Many states outlawed abortions
• Jane Roe (pseudonym) challenged Texas law. Wade was the DA for Texas (Claimed Pregnancy was due to rape)
• Case had significant impact on abortion laws
Background of Roe’s Lawyer
• Ms. Roe’s lawyer, Sarah Weddington, had an interesting background, as well as personal interest in case
• Some believe her personal passion in this case won the Supreme Court
Procedure: Court 1• The trial was first
held in Texas, District Court for the Northern District of Texas
• Three Panel Judge decided that the law violated Ms. Roe’s rights, but did not change the law for all pregnant women
Procedure cont: Supreme Court• Roe V. Wade was moved to
Supreme Court• When the Supreme Court came to
a decision, it concluded:– During the first Trimester of
pregnancy, a abortion was permitted without any interference with the state
– During the second trimester, a state could regulate them for safety but couldn’t prohibit abortion
– During the third trimester, an abortion is illegal except if the mother’s life is in danger
What Constitutional Amendments did the Case Deal With?
• Roe used many Amendments to argue in favor for her, but the main one was Amendment 14
• The Supreme Court felt this law also violated Amendment 9, and this is the Amendment they based their decision on.
Majority Opinions
• Recognized a right to privacy (not absolute): 9th & 14th
• State regulation in areas is protected by that right is appropriate. – States have the right to safeguard
health, maintain medical standards and protect potential life.
• These become the facts of the abortion decision in some point of a pregnancy.
Majority Opinion• Denying the right for an abortion can
cause serious problems.– The health of the pregnant
women (mental, physical): specific and direct harm that is medically diagnosable
– Distress in bringing an unwanted child into an unprepared family (and their life or future)
– Psychological harm for the pregnant women.
• ….We, therefore, conclude that the right of personal privacy includes the abortion decision, but that this right is not unqualified, and must be considered against important state interests in regulation.
• Three Stages of the Decision.
Concurring Opinion (Justice Stewart, Chief Justice Burger and Justice
Douglas)• Stewart:
– Ferguson v. Skrupa and Griswold v. Connecticut, etc.
– The Due Process Clause of the Fourteenth Amendment: protects the freedom of personal choice in matters of marriage and family life.
• Burger: – nonconsensual pregnancies
(rape or incest) – Dissenting view: Physicians
must give careful medical judgments based on life and health.
• Douglas: (3 parts)– Recognizes the issue of
vagueness , and that the 9th Amendment does not create enforceable laws.
Dissenting Opinion (Justice White and Justice Rehnquist)
• Rehnquist:– Does not belief the right of privacy is involved
(4th Amendment: privacy to searches)– 14th Amendment, and its Due Process Clause,
is too vague to have strong influence on the subject.
– Very strong opinion, attacking the concurring views.
• White:– The issue of actual danger to health vs.
for other reasons: i.e. inconvenience, embarrassment of illegitimacy, economics, etc. The Court overlooks this.
– The Constitution history/language shows no support.
– Court values convenience of pregnant mother rather than the development or existence of life or potential life in her.
– Roe does not claim threat to mental or physical health
Ramification
• Anniversary: Protests in front of Supreme Court (35th Anniversary)
• Elections/ Democratic v. Republic views:
• For Roe: Pro-Choice• Against Roe: Pro Life
-Presidential: Obama vs. McCain
Cartoon Analysis
35th Anniversary: Jan 22, 2008