Roe v. Wade

Chloe, Corey and Haley

Background to Case• Around 1973, it was up to

certain states to make laws about abortions

• Many states outlawed abortions

• Jane Roe (pseudonym) challenged Texas law. Wade was the DA for Texas (Claimed Pregnancy was due to rape)

• Case had significant impact on abortion laws

Background of Roe’s Lawyer

• Ms. Roe’s lawyer, Sarah Weddington, had an interesting background, as well as personal interest in case

• Some believe her personal passion in this case won the Supreme Court

Procedure: Court 1• The trial was first

held in Texas, District Court for the Northern District of Texas

• Three Panel Judge decided that the law violated Ms. Roe’s rights, but did not change the law for all pregnant women

Procedure cont: Supreme Court• Roe V. Wade was moved to

Supreme Court• When the Supreme Court came to

a decision, it concluded:– During the first Trimester of

pregnancy, a abortion was permitted without any interference with the state

– During the second trimester, a state could regulate them for safety but couldn’t prohibit abortion

– During the third trimester, an abortion is illegal except if the mother’s life is in danger

What Constitutional Amendments did the Case Deal With?

• Roe used many Amendments to argue in favor for her, but the main one was Amendment 14

• The Supreme Court felt this law also violated Amendment 9, and this is the Amendment they based their decision on.

Majority Opinions

• Recognized a right to privacy (not absolute): 9th & 14th

• State regulation in areas is protected by that right is appropriate. – States have the right to safeguard

health, maintain medical standards and protect potential life.

• These become the facts of the abortion decision in some point of a pregnancy.

Majority Opinion• Denying the right for an abortion can

cause serious problems.– The health of the pregnant

women (mental, physical): specific and direct harm that is medically diagnosable

– Distress in bringing an unwanted child into an unprepared family (and their life or future)

– Psychological harm for the pregnant women.

• ….We, therefore, conclude that the right of personal privacy includes the abortion decision, but that this right is not unqualified, and must be considered against important state interests in regulation.

• Three Stages of the Decision.

Concurring Opinion (Justice Stewart, Chief Justice Burger and Justice

Douglas)• Stewart:

– Ferguson v. Skrupa and Griswold v. Connecticut, etc.

– The Due Process Clause of the Fourteenth Amendment: protects the freedom of personal choice in matters of marriage and family life.

• Burger: – nonconsensual pregnancies

(rape or incest) – Dissenting view: Physicians

must give careful medical judgments based on life and health.

• Douglas: (3 parts)– Recognizes the issue of

vagueness , and that the 9th Amendment does not create enforceable laws.

Dissenting Opinion (Justice White and Justice Rehnquist)

• Rehnquist:– Does not belief the right of privacy is involved

(4th Amendment: privacy to searches)– 14th Amendment, and its Due Process Clause,

is too vague to have strong influence on the subject.

– Very strong opinion, attacking the concurring views.

• White:– The issue of actual danger to health vs.

for other reasons: i.e. inconvenience, embarrassment of illegitimacy, economics, etc. The Court overlooks this.

– The Constitution history/language shows no support.

– Court values convenience of pregnant mother rather than the development or existence of life or potential life in her.

– Roe does not claim threat to mental or physical health

Ramification

• Anniversary: Protests in front of Supreme Court (35th Anniversary)

• Elections/ Democratic v. Republic views:

• For Roe: Pro-Choice• Against Roe: Pro Life

-Presidential: Obama vs. McCain

Cartoon Analysis

35th Anniversary: Jan 22, 2008