Preview

Roe vs. Wade Case Study

Powerful Essays
Open Document
Open Document
2346 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Roe vs. Wade Case Study
Babes Bolyai University,
Faculty of European Studies,
American Studies, second year

ROE v. WADE 410 U. S. 113 (1973)

Prof Coordinator: Student: Adela Horatiu Damian Marina Riza

Year: 2007 - 2008

Roe v. Wade is one of the most controversial and politically significant cases in U.S. Supreme Court history. This case resulted in a landmark decision regarding abortion. The parties involved were: the plaintiff- Jane Roe( Norma L. McCorvey) a single woman who was residing in Dallas County, Texas, James Hubert Hallford- physician, John and Mary Doe, a married couple and the defendant: - Dallas County District Attorney Henry Wade, representing the State of Texas.

Facts Articles 1191-1194 and 1196 of the State's Penal Code make it a crime to "procure an abortion," as therein defined, or to attempt one, except with respect to "an abortion procured or attempted by medical advice for the purpose of saving the life of the mother." England’s first criminal abortion statute came in 1803. It made abortion of a quick fetus , 1, a capital crime, but in 2 it provided lesser penalties for the felony of abortion before quickenig- which is the first recognizable movement of the fetus in uretro, appearing usually from the 16th to the 18th week of pregnancy, and thus preserved the quickening distinction. Jane Roe was an unmarried and pregnant woman who wished to terminate her pregnancy by an abortion "performed by a competent, licensed physician, under safe, clinical conditions"; she claimed that she was unable to get a "legal" abortion in Texas because her life did not appear to be threatened by the continuation of her pregnancy; and that she could not afford to travel to another jurisdiction in order to

You May Also Find These Documents Helpful

  • Good Essays

    Abortion Vs Pro Life

    • 708 Words
    • 3 Pages

    Many people believe abortion is not only a moral issue, but a constitutional issue as well. Several cases have been fought for the right to choose. Many of these cases have been hard cases with extremely personal feelings attached to them. One of the most important cases that involve abortion is Roe vs. Wade. This case took place in 1973. The state of Texas had outlawed abortions. The Supreme Court declared the law unconstitutional. On…

    • 708 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Abortion is a practice that has been seen in history for thousands of years. “Abortion was recorded in 1550 B.C.E. in Egypt, recorded in what is called the Ebers Papyrus and in ancient China in about 500 B.C.E. as well… Hippocrates also offered abortion to his patients” (Fox). More recently, Roe v. Wade made abortion legal in the United States. “In a 7-2 ruling on January 22, 1973, the justices declared laws prohibiting…

    • 883 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Abortion is one of the most divisive moral issues of America today. The Roe vs. Wade court case in 1973 made the debate national. This case was filed by a pregnant woman, Norma McCorvey, against Henry Wade, the district attorney of Texas. In Texas, abortion was illegal. This court case overturned the previous law on abortion and made it a right to privacy between a woman and her doctor up until the third trimester in order to coincide with the 14th Amendment and also balance with why the state wanted it to be illegal in the first place; to protect prenatal life and women’s health. Now a day, 2% of women between the ages 15-44 will have an abortion. Out of all the teens that partake in sexual intercourse, 19% of them will become pregnant with 78% of those pregnancies unplanned and about 4 out of 10 unplanned pregnancies result in abortion.…

    • 659 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Abortion: Roe V. Wade

    • 508 Words
    • 3 Pages

    Abortion has always been an extremely controversial issue. There are, and will probably always be many different views concerning the ethical acceptability as well as the social policy aspects of abortion. In fact, before the decision made in the famous court case of Roe v. Wade, abortion was morally wrong and was constituted as a crime that could lead to a prison sentence of up to five years. In Roe v. Wade, many unsettled questions were avowed and discussed.…

    • 508 Words
    • 3 Pages
    Good Essays
  • Good Essays

    This case is an extremely known case that discusses how Roe was dealing with violence to secure her rights as a lady. Roe had tested the Texas State Laws because it stated that an abortion could not occur unless the mother’s life was in a deathlike situation or at risk. After listening to confirmations during a two year time period, the Court had capsized the Texas Law by a 7-2 vote.…

    • 450 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The way abortion is treated in the Courts provides an example of the disregard for abortion procedures and how it affects the rights specified in Roe (Whitman 1985). This lack of appreciation for the impact Roe v. Wade had on American women has led to a woman’s right to choose to become compromised (Whitman 1985). The Supreme Court essentially gave women the right to an abortion, allegedly free from state coercion, without offering any evidence as to why it is important to women (Whitman 1980). The consequences of not being able to obtain an abortion are hard to envision without the understanding required to think rationally about the subject. The lack of understanding of the ethical obligations that women are forced to consider is perhaps…

    • 625 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Roe Vs Wade Summary

    • 1301 Words
    • 6 Pages

    Deciding whether the abortion laws should be upheld and enforced in Texas or if they should be repealed was an important decision that the Supreme Court had to make in the Roe vs Wade case. Roe, whose real name was Norma McCorvey was a pregnant women that lived in Texas in the early 1970’s. She wanted to get an abortion so she said she got raped since that was the only way she would be able to get an abortion. She wasn’t allowed to get one since their was no police report about the rape. She thought that the abortion laws in Texas criminalized abortions after she couldn’t have a legal abortion. When the case was finally decided upon the social impact created a lot of change. Because of Roe vs Wade abortions were changed for the better.…

    • 1301 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    A largely discussed topic and argument as we are in prime presidential election season is abortion. Are you pro-abortion or anti-abortion? Roe v. Wade is a decision that was made by the Supreme Court in the 1970's. Roe V. Wade allows women the right to privacy and the right to choose abortion, that is up until the third trimester. While Supreme Court Justice Antonin Scalia claimed that the Constitution does not grant women a so-called right to abortion many disagree with his claims. Scalia called Roe V. Wade an “absurdity,” he claims that the Constitution’s 14th Amendment doesn’t guarantee equal protection for women that allows abortion on demand. On one side of the controversy Roe V. Wade did not allow any states to prohibit abortion and…

    • 190 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Roe Vs Wade Case

    • 171 Words
    • 1 Page

    The precedent of Roe v. Wade has been challenged on a number of occasions and the Supreme Court has reaffirmed the decision based on stare decisis. One of the primary purposes of stare decisis is that it ensures impartiality and "if the law on a subject is well settled, someone bringing a case can usually rely on the court to rule based on what the law has been in the past" (Cross & Miller, 2016, pg. 27). I also think of settled law in terms of being a parent and the important decisions I make to ensure the safety of my children. Once a decision has been made in the best interest of my children, it becomes a rule and is considered settled law in my household. If need be, I will revisit those decisions and apply them to similar situations…

    • 171 Words
    • 1 Page
    Good Essays
  • Powerful Essays

    Roe v. Wade research paper

    • 2154 Words
    • 9 Pages

    In the controversial case, Roe v. Wade, a pregnant woman who was given the name Jane Roe to hide her identity attempted to get an abortion but they were illegal in Texas so she sued the state for invasion of privacy. Roe's real name is Norma McCorvey; she was an ex-carnival worker who was raped and became pregnant. In 1969, when she moved back to her home state, she was denied and abortion on grounds that her health was not threatened. She started to look for other options, such as an abortion clinic out of the country, but those were too risky. She had given up searching for a safe, clinical abortion when two lawyers contacted her about her story. These lawyers were Linda Coffee and Sarah Weddington. Weddington had herself been through the search for an abortion clinic that was decent. She was lucky; she was able to live in Mexico for several weeks and could pay the high price for a safe abortion. Weddington did not want others to go through the insecurity of an illegal abortion like she had. Coffee was a practiced lawyer who was a strong supporter of abortions. John and Mary Doe, a couple that had offered their services in a previous abortion case, approached Coffee and Weddington who quickly included them in the case. Coffee and Wellington made a perfect couple to head up the fight against the District Attorney of Texas, Henry Wade. Wade had been the District Attorney for twenty years and on March 6, 1970 he received the paper that stated Jane Roe and John and Mary Doe were suing him. He had shown many times before his firm beliefs in preserving the Texas abortion laws. Henry Wade chose one of his most capable lawyers, John Tolle, to defend him in this suit.…

    • 2154 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    In the United States of America abortion is one of the most controversial cases. Starting with Roe V. Wade in this case Norma McCorvey was a high school dropout and was divorced with a five year-old. She couldn’t have an abortion in the states of Texas like in most of the states at that time. In fact, in this case she could not have an abortion unless her life was in danger.…

    • 512 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Sarah Weddington, a lawyer who represented Jane Roe, once said, “It is time to renew the battle for reproductive rights. We have been outmaneuvered, outspent, out postured, and outvoted by a group of single-issue activists…Let’s make sure it takes us a shorter time to replace protection for reproductive choice” (“Sarah Weddington Quotes”). The 1973 Supreme Court case of Roe v. Wade was a controversial turning point because it defined a woman’s constitutional right to privacy. While it gave women the right to control their own bodies it also sparked decades of ethical debate over a woman’s right to choose…

    • 3793 Words
    • 16 Pages
    Powerful Essays
  • Good Essays

    roe vs wade

    • 506 Words
    • 3 Pages

    In the 70’s a pregnant single woman (Roe) brought a class action challenging the constitutionality of the Texas criminal abortion laws, which proscribe procuring or attempting an abortion except on medical advice for the for the purpose of saving the mother’s life. In the 1960’s there was no federal law regulating abortions, and many states had banned the practice entirely, except when the life of the mother was endangered. Because women were not allowed to get abortions, it led many women of the time to seek black market abortions by unlicensed physicians or to perform the procedure themselves. As a result, several states such as California and New York began to legitimize abortions. Because abortions related to the feminist movement, women’s groups looked for the opinion of the United States Supreme Court. The anonymous Jane Roe Challenged the Texas law on December 13, 1971, the case slowly made its way to the highest court. After Two long years of the Jurors hearing evidence, the court invalidated the Texas law by a vote. The same system was used in the decision of the Griswold vs. Connecticut vs. decision; the right to privacy was implied by the 9th and 14th Amendments which the majority of the justices maintained. No state could have restrictions on abortions during the 1st three months, or trimester of a pregnancy. States from there on out were permitted to adopt restrictive laws, respecting the mothers health during the 2nd trimester. The practice could be banned outright during the 3rd trimester. Any state law that conflicted with this ruling was automatically overturned. Although women rights groups were thrilled, immediately an opposition emerged. The Roman Catholic churches had long criticized abortions as a form…

    • 506 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Roe Vs Wade Essay

    • 997 Words
    • 4 Pages

    Roe versus Wade originally started in 1970, but Supreme Court ruling was finally made in January of 1973. Norma McCorvey, who goes by Jane Roe for the case, goes against the District Attorney of Dallas County, Henry Wade. Wade is the one who enforced the anti-abortion law in Texas. Roe versus Wade is most famously known as the "abortion case" of the Supreme Court cases, but it also helps protect women's privacy rights. The main focus of this case is to determine if abortion is a right to a woman's privacy or if it is illegal.…

    • 997 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Roe V. Wade Case Study

    • 2113 Words
    • 9 Pages

    The case Roe v. Wade started off as judicial restraint. For the state of Texas denied Jane Roe on an abortion because she was not hurt or unhealthy. They denied her personnel wishes of disposing something that was in her being. Jane Roe thought this was wrong. She was thinking that women should have the right to do what they want with their…

    • 2113 Words
    • 9 Pages
    Better Essays