Roe v. Wade

Topics: Roe v. Wade, Supreme Court of the United States, Abortion Pages: 5 (1157 words) Published: December 19, 2014
Rebecca Isaac
American Government
Mr. Long
Roe v. Wade

“Roe v. Wade ruled unconstitutional a state law that banned abortions except to save the life of the mother. The Court ruled that the states were forbidden from outlawing or regulating any aspect of abortion performed during the first trimester of pregnancy, could only enact abortion regulations reasonably related to maternal health in the second and third trimesters, and could enact abortion laws protecting the life of the fetus only in the third trimester. Even then, an exception had to be made to protect the life of the mother.” 

Abortion was illegal in the United States and as a result many women would do “black market abortions.” A black market abortion was done by an unlicensed physician; many women would also perform the abortion themselves. A couple states, such as California and Newyork began to legitimatize abortions. These states would perform abortions in a safe manner with no real ruling from the supreme courts. A woman named Norma McCorvey also known was “Jane Roe” was single and pregnant women from Texas. McCorvey wanted to have an abortion but this was illegal in Texas unless it was for a medical reason to save the mother’s life. McCorvey did not want to have another baby. McCorvey had already given two children up for adoption and she felt she couldn’t go through the pain of giving another one of her children up. In order to get a legal abortion she would have had to fly to California or Neywork because the illegal balc markey abortion clinic in her town had been shut down. McCorvey did not have the funds in order to fly to either of these different states. In hopes to get a legal abortion McCorvey said she had been raped and that gave her a right to have a legal abortion. This plan was unsuccessful because there had been no police report of the alleged rape. In turn McCorvey decided to fight for what she wanted in court. Her two attorneys, Sarah Weddington and Linda Coffee, had just recently graduated law school and were looking to challenge the abortion laws in Texas. McCorvey was the perfect fit for this case.

On January 22nd of 1973 in the Roe v. Wade case the court held that a women right to an abortion fell into place with the Fourteenth Amendment. The Fourteenth Amendment states: No state would be allowed to abridge the "privileges and immunities" of citizens. No person is allowed to be deprived of life, liberty, or property without "due process of law. No person can be denied "equal protection of the laws. In roe’s defense it was also said that the 1st , 4th, and 9th, amendments were being violated by taking away her “rights” to an abortion. The First Amendment states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. The Fourth states: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The ninth states: The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people. This case gave women the choice to decide if they want to keep or terminate their pregnancy during their first trimester. No state could restrict abortions during the first three months, or trimester, of a pregnancy. States were permitted to adopt restrictive laws in accordance with respecting the mother's health during the second trimester. The practice could be banned outright during the third trimester. Any state law that conflicted with this ruling was automatically overturned. 46 states...

Cited: 1."Abortion Facts." Students for Life. Web. 17 Dec. 2014. .
2. Lewis, Jone. "Roe v. Wade Supreme Court Decision: Facts and Effects." Web. 17 Dec. 2014. .
3. PBS. PBS. Web. 17 Dec. 2014. .
4. "Roe v. Wade – Case Brief Summary." Lawnix Free Case Briefs RSS. Web. 17 Dec. 2014. .
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