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A Summary Of Abortion In Texas Law

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A Summary Of Abortion In Texas Law
In 1859, the Texas legislature passed a law that prohibited abortions except those performed by a physician for purposes of saving the life of the woman (Mason & Stephenson 2012). The stipulation of this law stated legalizing abortion only when it involved saving the life of the woman. In 1970, a class action suit was filed by Roe and Weddington (Roe’s counsel) in a U.S. District Court in Texas. Roe was seeking restriction of enforcement of this Texas law on the grounds of unconstitutionality based on her right to privacy, not only for herself but also for all women and their bodies. She was looking for abortion services Texas law did not grant. The District Court decided that the state statute was invalid as it was unconstitutionally vague …show more content…
This also means that just because they are not listed does not mean they can be violated or stripped from the people. This Amendment was originated within the idea that there are some rights specified, or not, that the government did not have the authority to violate. No other amendment is harder to interpret than the Ninth Amendment. Supreme Court Justice John Marshal argues that the Ninth Amendment is too vague to have binding authority (Head). Justice Blackmun, in delving the opinion of the court, believes the Ninth Amendment protects implicit rights that are not listed elsewhere within the Constitution (Head). The right to privacy and basic unspecified rights (right to travel) are considered implicit rights. Implicit, or implied, rights are not specifically listed but are assumed. This amendment secures the right of a woman to choose whether or not to bare children. Contrary to what has historically occurred, especially prior to the women’s rights movement and also the women’s liberation movement. That right to bare children is implicit, an implied right. The Fourteenth Amendment protects all citizens to equal benefits of the law and allows no person to be deprived of life, liberty, or property without due process of law (Kelly). Also, …show more content…
Since the Roe v. Wade decision, women have exercised their “right to choose” more than 53.3 million times (UnBornInTheUSA). The decision of Roe v. Wade is stretched beyond recognition interpretation of the privacy provisions of the Bill of Rights. Where the Constitution is silent, the people get the final say, which is exactly what happened in the case of Roe v. Wade. Recently, an increasingly conservative Supreme Court has put into force numerous restrictions on a woman’s right to choose including waiting periods, education on the dangers of abortions, parental consent laws and bands on public funding for uninsured abortions. These are just a few arguments and views of the repercussions of the Roe v. Wade decision. Many people believe this decision will eventually be overturned. The aftermath of re-illegalizing abortions would be horrendous and likely cause many unwanted deaths, damages, and illegal

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