Roe V. Wade 1973: A Legal Case Study
Muhammad Alharbi
Legal Writing
August2,2015
Roe v. Wade 1973
The Facts:
Abortion has been debated for many years. In 1967 the Committee on Human Reproduction wanted a policy against induced abortion except if the unborn child were not viable, in cases of rape, or for the mother's health. In 1973 a class action suit was filed against Texas, stating that the Texas abortion laws were against the constitution of the US. The plaintiffs were Roe, a couple named Doe and Dr. Hallford. Dr. Hallford had been performing abortions illegally and was going to be prosecuted by the state of Texas. Roe was a woman who was not married and she was pregnant. The Does were a couple who were worried that they might need an abortion in the future. The defendant …show more content…
It makes no difference between abortions done early in pregnancy and abortions done later in pregnancy. Therefore, the meaning of the law is not clear and because of this the law is not constitutional. Also, the Texas criminal abortion law limits abortion to saving the mother's life. This is against the Ninth and Fourteenth Amendment to the US Constitution. The Fourteenth Amendment and and the Ninth Amendment guarantee privacy and liberty. Therefore, a woman has a right to have an abortion, with a doctor's consent and no state interference, in the first trimester of pregnancy. In the second and third trimesters the state has a right to regulate abortions because at that point there is a viable fetus. The court decided these issues because the unborn have never been seen, by the law, as complete, whole people. Therefore, the unborn do not have the same rights as the babies who are born or the mother. The Supreme Court disagreed with the District Court when Declaratory Relief was given to Dr. Hallford, and the Supreme Court agreed with the District Court when it did not give Injunctive Relief to Dr. Hallford. This decision was made because there is a law that a person who is being prosecuted cannot challenge the same law that is being used to prosecute
Legal Writing
August2,2015
Roe v. Wade 1973
The Facts:
Abortion has been debated for many years. In 1967 the Committee on Human Reproduction wanted a policy against induced abortion except if the unborn child were not viable, in cases of rape, or for the mother's health. In 1973 a class action suit was filed against Texas, stating that the Texas abortion laws were against the constitution of the US. The plaintiffs were Roe, a couple named Doe and Dr. Hallford. Dr. Hallford had been performing abortions illegally and was going to be prosecuted by the state of Texas. Roe was a woman who was not married and she was pregnant. The Does were a couple who were worried that they might need an abortion in the future. The defendant …show more content…
It makes no difference between abortions done early in pregnancy and abortions done later in pregnancy. Therefore, the meaning of the law is not clear and because of this the law is not constitutional. Also, the Texas criminal abortion law limits abortion to saving the mother's life. This is against the Ninth and Fourteenth Amendment to the US Constitution. The Fourteenth Amendment and and the Ninth Amendment guarantee privacy and liberty. Therefore, a woman has a right to have an abortion, with a doctor's consent and no state interference, in the first trimester of pregnancy. In the second and third trimesters the state has a right to regulate abortions because at that point there is a viable fetus. The court decided these issues because the unborn have never been seen, by the law, as complete, whole people. Therefore, the unborn do not have the same rights as the babies who are born or the mother. The Supreme Court disagreed with the District Court when Declaratory Relief was given to Dr. Hallford, and the Supreme Court agreed with the District Court when it did not give Injunctive Relief to Dr. Hallford. This decision was made because there is a law that a person who is being prosecuted cannot challenge the same law that is being used to prosecute