Abortion is the act of deliberately causing death to an unborn baby (Abortion 1). When dealing with genetics and other life sciences it can be proven that a new and completely unique human being comes into existence within the instant of conception (When Does Life Begin? When Does 1). Within 5-6 weeks the baby will have begun to live inside his or her mother. During this time, which is when the mother usually discovers the pregnancy, the baby will have already begun to metabolize nutrition, excrete waste, move, grow, and numerous other acts. As early as 21 days after conception a baby's heart can begin to beat. About 40 days after conception brain waves of the baby can be read on devices such as an electroencephalogram (When Does Life Begin? When Does 2). The question then becomes the much debated issue in modern society, should a woman be allowed the right to an abortion (When Does Life Begin? When does 3)?
On January 22, 1973, the United States Supreme Court ruled that a woman's right to an abortion is protected under the Fourteenth Amendment of the U.S. Constitution and this ruling has been a highly controversial issue ever since. This decision was reached due to the court case known as Roe vs. Wade, where Norma McCorvey (Roe) filed a law suit against the district attorney of Dallas County, Henry Wade (Wade). McCorvey was filing the suit against Wade who supported the Texas laws that prohibited abortion making it challenging for McCorvey to obtain the procedure. The court ruled in a 7-2 decision that a woman's rights are protected under the Fourteenth Amendment, which included the medical procedure of abortion. The court also stated that all states must allow the woman the right to an abortion, though each state may place spec...
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...e. Web 5 Mar.2014. direct=true&db=a9h&AN=84739651&site=ehost-live>. Quindlen, Anna. "How Much Jail Time?." Newsweek 150.6 (2007): 68. Business Source Complete. Web. 5 Mar. 2014. login.aspx?direct=true&db=bth&AN=25972382&site=ehost-live>. "Roe v. Wade Fast Facts." CNN. Cable News Network, 04 Nov. 2013. Web. 08 Mar. 2014. .
"When Does Life Begin?." New Scientist 189.2543 (2006): 8. Science Reference Center. Web. 5 Mar. 2014.
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"Background on Abortion." OnTheIssues.org - Candidates on the Issues. On The Issues.org. Web. 23 July 2011. .
Ultimately, Roe v. Wade is the case that brought about the legalization of abortion. At this time all of the United States prohibited abortion, as previously stated it was only prohibited if it were to save a woman’s life, or for a handful of reasons such as instances of rape, incest, or fetal abnormality. Roe helped make these laws illegitimate, which made abortion services safer and more accessible to women all over the country. The decision was also set as a legal precedent that affected more than thirty future Supreme Court cases involving restrictions on abortion. The ruling of the case brought up the shift of American tradition and noted that times were officially changing.
The 1973 Roe v. Wade is one of the most controversial cases in United States in not only the abortion issue, but also in American government. In this paper, I will discuss the case, argument, the decision, and the significance of Roe V. Wade. The Historic decision made by the United States Supreme Court in 1973 legalized abortion on a federal level. As the federal court- particularly the circuit courts and the Supreme Court have become more important in determining American public policies. (Greenberg 435) Now more than thirty years later people all over the country are trying to overturn the decision as well as striving to keep in intact.
The historic case of Roe v. Wade was a pivotal case that changed the way the court system viewed a woman’s reproductive rights. To this day the topic of abortion has people torn between the legal rights of the woman and her right to choose what to do with her own body. This side is known as the pro- choice side. The other side of the debate wants to protect the moral rights of the fetus stating that the unborn child must have rights as well. The hard thing to do was to determine for some is when the life of the fetus can be considered a living person with rights. The state of Texas that was arguing on the rights for the fetus also known as the pro-life side. The state believed that the unborn child should have rights to life. For this reason
No other element of the Women’s Rights Movement has generated as much controversy as the debate over reproductive rights. As the movement gained momentum so did the demand for birth control, sex education, family planning and the repeal of all abortion laws. On January 22, 1973 the Supreme Court handed down the Roe v. Wade decision which declared abortion "fundamental right.” The ruling recognized the right of the individual “to be free from unwanted governmental intrusion into matters so fundamentally affecting a person as the right of a woman to decide whether or not to terminate her pregnancy.” (US Supreme Court, 1973) This federal-level ruling took effect, legalizing abortion for all women nationwide.
Over the duration of the last century, abortion in the Western hemisphere has become a largely controversial topic that affects every human being. In the United States, at current rates, one in three women will have had an abortion by the time they reach the age of 45. The questions surrounding the laws are of moral, social, and medical dilemmas that rely upon the most fundamental principles of ethics and philosophy. At the center of the argument is the not so clear cut lines dictating what life is, or is not, and where a fetus finds itself amongst its meaning. In an effort to answer the question, lawmakers are establishing public policies dictating what a woman may or may not do with consideration to her reproductive rights. The drawback, however, is that there is no agreement upon when life begins and at which point one crosses the line from unalienable rights to murder.
In 1970, Norma McCorvey, a single and pregnant woman in Texas wanted to get an abortion. The state laws of Texas at that time stated that it was illegal to have an abortion in Texas. Even though the state told her that she could go to one of the four states in which abortion was legal to have the procedure done, she decided that she could not afford to travel to another state to receive the procedure. Norma McCorvey decided that she would sue the state of Texas, claiming that her constitutional rights were being taken from her. She then changed her name to the pseudonym “Jane Roe” to protect her right of privacy. The district court found that Roe did have grounds to file the suit against the state of Texas. They ruled on the grounds that the abortion laws in Texas infringed on the first, fourth, fifth, ninth, and fourteenth amendments of the constitution. The first amendment states that, “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” (http://www.house.gov/Constitution/Amend.html). The fourth amendment states that, “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”
Abortion cannot be discussed unless you know the origin of the debate. In December 13, 1971, the argument of abortion surfaced (“Roe v. wade,”). The class action suit was brought by a pregnant single woman who challenged the constitutionality of the Texas criminal abortion laws, which proscribe or attempting an abortion except on medical advice for the purpose of saving the mother’s life (“Roe v. wade,”). Proceeding Roe v. Wade, abortion was illegal in almost every State. In 1973, the courts ruled and abortion became legal again.
The Roe v. Wade case originated in the state of Texas in 1970 at the suggestion of Sarah Weddington an Austin attorney. Norma McCorvey otherwise known as "Jane Roe" was an unmarried pregnant woman seeking to overturn the anti-abortion law in the state of Texas. The lawsuit claimed that the statue was unconstitutionally vague and abridged privacy rights of pregnant women guaranteed by the first, fourth, fifth, ninth, and fourteenth amendments to the constitution. (http://en.wikipedia.org/wiki/Roe_v._Wade)
"Roe v. Wade Fast Facts." CNN. Cable News Network, 04 Nov. 2013. Web. 09 Dec. 2013.
Wade was “the fetal right to life against a woman’s right to privacy,” and which right gets priority (“Roe v. Wade.” Roe v. Wade). An unmarried pregnant woman, Norma McCorvey, but known as Jane Roe, sought an abortion in the state of Texas where abortion, by law, was a criminal offense. Roe challenged the Texas statute arguing that it was unconstitutional (Landmark Supreme Court Cases 2). At the same time of Roe’s challenges, young lawyers, Sarah Weddington and Linda Coffee, were seeking a plaintiff to challenge the Texas abortion laws. The trial did not end in time for Roe to get an abortion, but she kept fighting for future women in her same situation ("Roe vs Wade." TheFreeDictionary.com). Up against the District Attorney of Dallas, Texas, and Henry Wade, Jane Roe argued that the statutes regarding abortion were unconstitutionally vague and violated her first, fourth, fifth, ninth, and fourteenth amendment rights (Landmark Supreme Court Cases 4). Roe was “unable to have a ‘legal’ abortion in Texas because her life did not appear to be threatened by the continuation of her pregnancy” (Landmark Supreme Court Cases 2). Although other jurisdictions offered legal abortions, Roe argued that she could not afford to travel to another jurisdiction and that she had a right to have an abortion “performed by a competent, licensed physician, under safe, clinical conditions” (Landmark Supreme Court Cases 2). Texas refuted the use of the
Roe v. Wade and the Right to Abortion. (2013, January 18). Retrieved April 21, 2014, from
Before abortions became legal, women felt the need to turn to someone for an abortion that was not sanitary or performed the correct way, many either died or left extremely ill. One specific woman felt the need to bring to everyone’s attention, that she should have the right to abort her baby if she wanted to. She fought for her right and many stood behind her and supported her. The case Roe v. Wade legalized abortions in 1973. Norma McCorvey, known as Jane Roe, fought for women’s rights against the state of Texas on two different occasions. Roe v. Wade made a huge impact to women around the country, by legalizing safe and reliable abortions.
Abortion has been performed for thousands of years, and in every society that has been studied. It was legal in the U.S. until the mid 19th century. In 1900, abortion was prohibited by law throughout the U.S. The only way a woman was able to have an abortion was if two or more physicians agreed that the procedure was necessary to save the life of the pregnant woman. In the late 1960s, state legislatures recognized changes in public opinion and began to reconsider the abortion legislation. In 1973, the U.S Supreme Court, in Roe v. Wade, ruled abortion as a sight under the United States Constitution.
In 1971 Linda Coffee and Sarah Wellington sued on Norma McCorvey behalf, arguing that the state of Texas abortion law was unconstitutional. Defending the state of Texas was Henry Wade, district attorney of Dallas. The state of Texas only allowed abortions in cases where the mother’s life was at risk or the women was sexually assaulted. After two years of hearing evidence, the US Supreme Court affirms legality, a women’s right to abort, and that a right to privacy being implied by the Ninth and Fourteenth amendments in a 7-2 decision in 1973. It had encompassed a woman’s decision whether or not to stop her pregnancy. No states could restrict abortion during first three months or trimester of a pregnancy.