Abortion Laws: Roe V. Wade

Roe v. Wade (1973) 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. Controversial from the moment it was released, Roe v. Wade politically divided the nation more than any other recent case and continues to inspire heated debates, politics, and even violence today ("the culture wars"). Though by no means the Supreme Court's most important decision, Roe v. Wade remains its most recognized.

Wade is a famous case that has set the foundation for legislation in regards to abortion. After 1973, the numbers of illegal abortions declined and the number of legal abortions rose. This helped prevent medical related deaths and it also increased the number of facilities that were available to women, making it easier for them to get an abortion closer to home. This facilitated the fundamental right of abortion that women have. But, somehow, states have found ways to go around abortion and complicate the process.

A 21-year-old carnival worker, Norma McCorvey, claimed to have been raped which resulted in pregnancy. As McCorvey wanted an abortion, her doctor refused to perform the procedure and stated that it violated the Texas law. The law stated that it was a crime to procure an abortion unless it was necessary to save the life of the mother. As McCorvey was unhappy with the doctor’s decision she decided to fight the Texas law. McCorvey attorneys challenged the law stating that the law violated one’s privacy, women’s rights, and due process. The lower courts ruled in favor of McCorvey, however the case did not overturn the state law so McCorvey used her pseudonym, Jane Roe, decide to appeal to the U.S. Supreme Court. As the case argued the controversial topic of pro-life and pro-choice, many organization began to become involved and argued that abortion was a fundamental right under the Griswold doctrine. The states argument was that it had compelling interest in protecting human life. Furthermore, the court ruled in favor of Jane Roe and came to the decision that a women’s right to abortion was a right of privacy that was supported by the fourteenth

Even to this day, women have not reached maximum equality, but the landmark Supreme Court case Roe v. Wade has helped the women’s equality movement drastically take a step in the right direction. Prior to the case, women had their rights very limited and restricted. Everyone was and still is entitled to their basic rights, however pregnant women were not. Their first, fourth, fifth, ninth, and fourteenth amendment rights were violated and were not addressed until Jane Roe testified in court. The decision made by the court still has a lasting impact even to this day. The landmark Supreme Court case Roe v. Wade was not just a win for Jane Roe, but a win for all women as it helped break the barrier that surrounded women’s equality.

Norma McCorvey who was the plaintiff took on “Jane Roe” as her alias to protect her real identity. The case was originally filed on Roe’s behalf but it was transformed into a class action suit so that McCorvey could represent all pregnant women. The defendant was Henry B. Wade, the district attorney of Dallas County, Texas. Roe had two major hurdles to get over:

Abortion, the “early ending of a pregnancy” (“Abortion - Topic Overview” 1), was and remains a controversial topic all across the world. Most states, such as Texas, had made abortions illegal. However, Norma L. McCorvey was a Texas resident with an unwanted pregnancy. “At the time, Texas law only allowed for abortion in cases of rape, incest, or to save the life of the mother” (“On This Day” 1). With this, McCorvey was forced to give birth to a child she truthfully did not want; she could not afford to travel to a state where abortion was legal. Therefore, McCorvey, using the alias Jane Roe, sued a man named Henry Wade, a Dallas County State Attorney, who enforced the law of abortion.

The American public turned to the Supreme Court to seek a resolution for the abortion conflict. Interest groups from both sides of the abortion spectrum realized their ability to effect abortion policy was much greater if fought in the courtroom, “litigation offered the

Alternatively, McCorvey’s friends encouragingly suggested she lie and say that her pregnancy was the result of her being raped. McCorvey was not able to provide evidence of which would prove her claim of rape to be true so she was not granted the right to abort her fetus. She then was left with a limitation of options, one being an illegal abortion clinic that she soon found out had been shut down by the police, and the other option being an old abandoned building where McCorvey stated "dirty instruments were scattered around the room, and there was dried blood on the floor.” McCorvey believed it was against the constitutional rights of american citizens to restrict the rights of abortion. These restricting laws were believes by many women to trap them into unfavorable alternatives such as self abortion or abortions performed by unlicensed beings with unsanitary surroundings and equipment. Desperate, McCorvey agreed to participate in a lawsuit against Henry Wade in efforts to make a difference for women around the world with the hopes of retaining her anonymity. An article on encyclopedia.com concerning the Roe v Wade case and it’s background states, “McCorvey chose to remain anonymous for several reasons: she feared publicity would hurt her five-year-old daughter, her parents were against abortion, and she had lied about being raped” (p.9) thus Norma McCorvey was known as Jane Roe in the now infamous case of as Roe v.

The Supreme Court Of The United States (otherwise known as SCOTUS), is the highest federal court in the country. The court hears many important cases throughout the United States, one of them being Roe v. Wade 410 U.S. 113 (1973). This case was monumental for women 's rights and the issue of abortion. Still to this day, it has been one of the most famous abortion cases in U.S. history. It all started in 1971 when Norma McCorvey (otherwise known as Jane Roe), filed suit against District Attorney Wade of Dallas County, for a Texas law that prohibited abortion, except to save the life of a mother if she was in some type of danger. This law was declared unconstitutional in the past at an earlier federal court case (United States v. Vuitch,

This case has greatly influenced the world today. The changed of the world due to this case are numerous. You here the mention of abortion daily whether it’s in daily conversation, political races, the Catholic Church and many other places. This topic is very much argued. Some people take the side of Jane roe and yet other believed in the side of Wade.

In 1973, Norma McCovery who is also known as Jane Roe brought a case to the Supreme Court. She and her defense team claimed that the 1859 Texas abortion law violated women’s constitutional right to have an abortion. Before reaching the Supreme Court, this case, which was a class-action suit, was argued in a Dallas Fifth Circuit Court on May 23, 1970. The judges in Dallas ruled that the Texas law violated Roe’s right to privacy which is found in both the Ninth and Fourteenth Amendment, so this case was then sent to the U.S. Supreme Court (Brannen and Hanes, 2001).

In 1973, the Supreme Court made a decision in one of the most controversial cases in history, the case of Roe v. Wade (410 U.S. 113 (1973)), in which abortion was legalized and state anti-abortion statues were struck down for being unconstitutional. This essay will provide a brief history and analysis of the issues of this case for both the woman’s rights and the states interest in the matter. Also, this essay will address the basis for the court ruling in Roe’s favor and the effects this decision has had on subsequent cases involving a woman’s right to choose abortion in the United States. The court’s decision created legal precedent for several subsequent abortion restriction cases and has led to the development of legislation to protect women’s health rights. Although the Supreme Court’s decision in Roe v. Wade was a historic victory for women’s rights, it is still an extremely controversial subject today and continues to be challenged by various groups.

These illegal abortions were unsafe, and could be fatal to most women, and put their lives at risk. Jane Roe was a twenty-one year old woman that was pregnant, who represented all of the women who wanted abortions but could not get one. Henry Wade was a Texas attorney General who had defended the state’s law. The Supreme Court ruled for Roe and stated that America’s right to privacy included: the right for a woman to choose whether or not to have her child; and the right for a woman and her doctor to make this decision without state involvement within the first trimester of the pregnancy. It made it possible for woman to get safe, legal abortions from well-trained medical practitioners. Consequently, there was a dramatic decrease in pregnancy related deaths.

The case of Roe vs. Wade was an example of an individual’s rights and privacy against long held doctrines based on religious beliefs. In 1973, a woman by the name of Norma L. McCorvey, using an alias of Jane Roe, was single and living in Texas. She got pregnant and wanted an abortion, but it was illegal. The case eventually made its way to the United States Supreme Court. The Court recognized in a 7 to 2 decision that the Constitutional right to privacy should include a person’s choice to terminate their pregnancy. This case became not known as one of a person’s right to privacy, but rather the case that legalized abortion (Roe v. Wade).

One major legal case in which feminism has influenced and continues to be a subject of interest is the decision in Roe vs Wade in 1973 that defined the choice of abortion as a fundamental constitutional right. Interestingly enough, to the majority of feminists, this case was not important due to the decision that abortion is a choice. Although, most feminists see it more as the mere principle that women have a right in general to make fundamental choices concerning their own well-being. Feminists have remained persistent in their support for the decision in Roe vs Wade. In fact, nineteen years later when the issue was reconsidered in Planned Parenthood of Southeastern Pennsylvania v. Casey, feminist rallied for their support for the right of choice.