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Exemplar Landmark Case - Roe v Wade (2)

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Page 1: Exemplar Landmark Case - Roe v Wade (2)
Page 2: Exemplar Landmark Case - Roe v Wade (2)

A pregnant single woman (Jane Roe – alias given to Norma McCorvey) challenged the constitutionality of the Texas criminal abortion laws which outlawed obtaining or attempting an abortion except on medical advice for the purpose of saving the mother's life.

http://www.youtube.com/watch?v=YQzdMv6nW4o&feature=related

Page 3: Exemplar Landmark Case - Roe v Wade (2)

Whether the Fourteenth Amendment’s concept of personal liberty and the Ninth Amendment’s reservation of rights to the people is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.

Specific and direct harm medically diagnosable even in early pregnancy may be involved

Psychological harm may be imminent – mental ad physical health may be sacrificed by child care

Distress for all concerned associated with an unwanted child – problem associated with bringing a child into a family unable to care for it

Additional difficulties with the stigma attached to unwed motherhood

Page 4: Exemplar Landmark Case - Roe v Wade (2)

The ruling, based on the Due Process Clause of the 14th Amendment (which protects against state actions to deny the right to privacy, including a woman's qualified right to terminate her pregnancy), recognized the right of women to choose to have an abortion during the first 6 months (2 trimesters) of pregnancy when the foetus has little chance of survival outside the womb and to seek an abortion without unreasonable interference from the state.

But, it also allowed for state to restrict abortions during the last trimester (when a foetus could live outside the womb), except in situations where the mother's life or health is at risk. This ruling was performed the state is concerned with both the health of the woman and the life of the foetus.

January 22nd 1973 46 states abortion laws rendered unconstitutional

Page 5: Exemplar Landmark Case - Roe v Wade (2)

This Supreme Court landmark case is one of the most controversial court cases of all time. More than thirty years after Roe was argued and decided, people all over the U.S. are striving to overturn the decision as well as fighting to keep it intact.

With the advancements in IVF embryos can be tested for potential genetic or chromosomal disorders. Embryos can also be screened for gender. Should certain embryos be discarded (and not implanted) just because they test positive for a disorder or because they are of a particular gender? If abortion is allowed under any circumstance during the first two trimesters of pregnancy, should women also be able to decide to discard certain embryos (for any reason) and not have them transferred