Roe v. Wade case: Law & Morality

Presentation by Maxim SaudaCommunication in English

Legal background• The United States Constitution was created

in the end of the 18th century• Defined the balance of power between

Congress, The President and The Supreme Court

• A Bill of Rights followed the constitution• 1st amendment: right for free speech• 2nd amendment: right to bear arms• 9th amendment: protection of rights not

mentioned in the constitution (“unenumared”)

• 14th amendment: right to “due process”[3]

Abortion background• In that time, there were no

women’s rights or rights for privacy

• Laws banning abortion were common

• In Texas, a 19th century law banned abortion, unless the life of the mother is in danger

• It was still active in 1969 “Old Texas” by William Herbert Dunton (1878 – 1936)

Roe & Wade• In 1969 Norma L. McCorvey from

Texas was pregnant, and wanted to have an abortion

• Texas’ law banned abortion• Attorneys Linda Coffee & Sarah

Waddington filed a suit in her name

• She received the alias Jane Roe (the female version of John Doe)

• The suit was against Texas District Attorney Henry Wade

The first ruling• The local Texas court agreed that stopping Roe

from having an abortion is wrong• However, the law banning abortion was not

cancelled• 9th amendment: “The enumeration in the

Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”[3]

• Based on that, the judge decided that despite the fact that there was no right to have an abortion in the Constitution, it was still wrong to prevent Roe from having an abortion

Reaching the Supreme Court

• Roe and her attorneys appealed this decision, until it eventually reached the Supreme court

• The final decision was given in 1973• One of the most important and

controversial decisions in legal history• Divided into an introduction and 12

sections• Part 1 mentions the existing Texas laws

banning abortion

Justice Harry Blackmun

Standing issue

• Section 2 discusses the standing problem:

• It took the case 4 years to reach the Supreme court

• Roe is no longer pregnant, this decision won’t affect her

• Why should this case be discussed?• The ruling clamed there should be

an exception here, otherwise there would always be standing problems in such cases

Right for privacy• Section 5 mentions the claims that the

abortion ban violates the right for privacy, and therefore it is unconstitutional

• The right for privacy, or even the word “privacy”, does not exist in the Constitution

• However, in the case on “Griswold v. Connecticut”, 8 years before this case, the Supreme Court decided that this right exists

• Where?

Right for privacy-cont.

• One judge said that the right for privacy could be understood from the constitution in general

• Another judge claimed that this is an “Unenumerated” right, as mentioned in the 9th amendment

• Most common view today is that it comes from the “due process” mention in the 14th amendment

Reasons for banning abortionSection 7 explains 3 reasons for banning

abortion:1. To “discourage illicit sexual behavior”.

The ruling cancelled that reason, since “no court or commentator has taken the argument seriously”[1]

2. “protecting the women from an inherently hazardous procedure”. This reason was partially excepted, but the ruling said that early abortion is less hazardous[1].

3. “protecting prenatal life” (of the fetus). Also partially excepted, yet the ruling did not agree that life begins with conception[1].

Balance of rights• Section 8 tries to balance between the

different rights, setting the principle:“The right for personal privacy includes the abortion decision, but that right is not unqualified and must be considered against important state interests in regulation”[1]

• Section 9 dismisses the idea that a fetus deserves the legal right of a person: “the unborn have never been recognized in the whole sense”[1]

New rules for abortionSections 10 & 11 set new rules for

abortion:• In the first 3 months of pregnancy,

abortion must be decided only according to the doctor’s medical judgment

• In moths 4-6, abortion may be limited “in ways that are reasonably related to maternal health”[1]

• In the last 3 months, abortion may be banned because of state “interest in potentiality of human life”[1]

Conclusion

• The Roe v. Wade case demonstrate the interesting way the American legal system makes decisions in moral matters.

• This ruling was questioned many times after 1973

• In general, the legal status of abortion today is the same as decided in this ruling

References

1. ROE V. WADE, 410 US 113 (1973), retrieved May 1,2010 from the world wide web: http://laws.findlaw.com/us/410/113.html

2. Helscher, David, 1994.”Griswold v. Connecticut and the Unenumerated Right of Privacy”. Northern Illinois University Law Review.

3. AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA, retrieved May 1,2010 from the world wide web: http://www.gpoaccess.gov/constitution/pdf/con001.pdf