Roe V. Wade Essay
In 1973, the supreme court decided to rule abortion legal. How did it get to that point? Well, Jane Roe was an alias for Norma McCovey and Henry Wade was the District Attorney in Dallas at the time of the case. Roe was a single woman who got pregnant in 1970 and did not want to keep the baby, so she wanted to get an abortion in Texas. The law in Texas was that women could only get abortions if life was in danger, otherwise it would be considered a criminal case. By the time the case got to the supreme court, Roe had already given birth and gave the baby up for adoption.
A physician named James Hallford joined Roe on the case against Wade; Hallford had two state abortion prosecutions pending against him because he violated the law in Texas. The district court said that Roe and Hallford had standing to sue and presented justiciable claims. The supreme court took Roe’s case, even though it should have been muted, because pregnancy can happen again and could cause the same situation. Dr. Hallford’s case was dismissed, so Roe was the only person allowed to proceed in the case.
Texas raised the argument that the fetus is considered a person and they have the right to life under the fourteenth amendment, but the court disagreed and said that Texas should not …show more content…
Wade case, was against the idea of legalizing abortion. “The time has come to recognize that Roe V. Wade, no less than the cases overruled by the court in the decisions I have just cited, ‘departs from a proper understanding of the constitution’, and to overrule” (White). White argues that there is nothing in the constitution mentioning abortion and that the constitution did not aim to protect a right to abortion. His opinion was that since the liberty to abort is not fundamental, then the states can restrict abortion. He also states that the court made a new constitutional law for pregnant women and that the issue should be decided by voters, not the judiciary
A physician named James Hallford joined Roe on the case against Wade; Hallford had two state abortion prosecutions pending against him because he violated the law in Texas. The district court said that Roe and Hallford had standing to sue and presented justiciable claims. The supreme court took Roe’s case, even though it should have been muted, because pregnancy can happen again and could cause the same situation. Dr. Hallford’s case was dismissed, so Roe was the only person allowed to proceed in the case.
Texas raised the argument that the fetus is considered a person and they have the right to life under the fourteenth amendment, but the court disagreed and said that Texas should not …show more content…
Wade case, was against the idea of legalizing abortion. “The time has come to recognize that Roe V. Wade, no less than the cases overruled by the court in the decisions I have just cited, ‘departs from a proper understanding of the constitution’, and to overrule” (White). White argues that there is nothing in the constitution mentioning abortion and that the constitution did not aim to protect a right to abortion. His opinion was that since the liberty to abort is not fundamental, then the states can restrict abortion. He also states that the court made a new constitutional law for pregnant women and that the issue should be decided by voters, not the judiciary