Planned Parenthood vs. Casey (1992) In Planned Parenthood vs. Casey, a Supreme Court case which took place in 1992, five provisions of the Pennsylvania Abortion Control Act of 1982 were being challenged as unconstitutional under another case, Roe vs. Wade. Roe Vs. Wade was the case that first recognized a constitutional right to abortion a legal liberty under a clause in the Fourteen Amendment. The five provisions being challenged were the "informed consent" rule, the "spousal notification" requirement, the "parental consent" rule, a 24-hour waiting period, and imposition of certain reporting requirements on abortion facilities. The "informed consent" rule required that all doctors are to provide women with information about the complications and health risks of having an abortion before one could be performed. The "parental consent" rule required that women 17 years of age and younger get permission from their parent or guardian prior to having an abortion. The fourth provision required that a woman wait 24 hours before obtaining an abortion. The last provision challenged was the imposition of specific reporting requirements of facilities where abortions were performed. When the case was brought before the Supreme Court, Pennsylvania defended the Abortion Act of 1982 in part by urging the Court to overturn Roe as having been wrongfully decided. At this point, there were only two obvious supporters of Roe out of the nine Justices, so due to these circumstances, everyone was gearing up for a subsequent state-by-state campaign against the passing of specific anti-abortion laws. This case was important because it challenged a previous case that was thought to be perhaps unconstitutional, which we as Americans should not stand for... ... middle of paper ... ...case or the Court's decision because I do not agree with the case of Planned Parenthood vs. Casey's foundation: Roe vs. Wade. I believe that if you allow yourself to get into a situation where you choose to make a decision that could bring an innocent life into existence, with the exception of incest and rape, and you do not want the child, it isn't fair to the life inside of you or the public, for the positive contributions it could make, to kill it. It's also not fair to you to harm yourself in that way. Instead, I believe that you should have the baby and then give it up for adoption, and give the baby to someone who doesn't have the ability to have a child of their own. That way, you do not commit murder and you don't have the unnecessary burden of guilt later. Instead, you make the new guardian happy, the new life happy, and you save yourself a lot of depression.
On June 7th 1965, married couples in the State of Connecticut received the right to acquire and benefit from contraceptive devises. In a majority decision by the United States Supreme Court, seven out of the nine judges believed that sections 53-32 and 54-196 of the General Statues of Connecticut , violated the right of privacy guaranteed by the Fourteenth Amendment. The case set precedence by establishing marital (and later constitutional) privacy, and had notable influence on three later controversial ruling=s in Roe v. Wade (1973), Bowers v. Hardwick (1986) and Planned Parenthood of S.E. Pennsylvania v. Casey (1992) . The issue at hand was, and is still, one that still causes debate, wether a state has the authority to restrict the use and sale of contraceptives. Though it is not contraceptives, anymore, that is at the heart of the abortion debate, this ruling was the first step to the expectation of constitutional privacy.
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.
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.
In 1973, in what has become a landmark ruling for women’s rights, the U.S. Supreme Court ruled in favor of a woman’s right to an abortion. Ever since, individual states have adopted, altered, and/or mutilated the edict to fit their agendas – Texas included. However, the decision made by the justices in Roe v. Wade didn’t set clear cut, inarguable demarcation lines, which has allowed the fiery debate to consume the nation. Rather than establishing a legal ruling of what life is, or is not, the Supreme Court has remained silent on the issue.
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)
The Supreme Court case, Planned Parenthood of PA v. Casey, wasn’t known for what it did, but mainly for what it did not do, which was not overruling Roe v. Wade, but reaffirming a woman’s right to an abortion; it questioned a state’s right to impose or place an “undue burden” on women. Planned Parenthood of PA v. Casey was argued on April 22, 1992 and the official decision was reached on June 29, 1992. The case dealt with a couple of “hot topics” including privacy and abortion. At the time, Pennsylvania had made a new abortion control law in 1988 and it was finalized in 1989. This law requires all women to get informed consent and wait twenty-four hours before they are allowed to get an abortion.
In 1971, Norma McCorvey or Jane Roe, filled a case against the district attorney of Dallas County, Henry Wade, because he enforced a Texas law that prohibited abortion unless the abortion was needed medically, to save the mother’s life. Being a single, pregnant woman , Roe did not have the choice to have an abortion because the pregnancy was not endangering her life. Plus, Roe could not afford to travel to have the operation done safely. As a result, Linda Coffee and Sarah Weddington, two lawyers that graduated from the University of Texas Law School, claimed a lawsuit against the abortion laws in Texas because they violated Roe’s constitutional rights. Besides Roe’s two laywers, Hallford, a licensed physician, and a childless married couple known as the Does supported Roe’s case. The lawsuit against Wade was filed in a Texas Federal Court. The Texas Federal Court heard the case on December 13th, 1971 and again, on October 11th, 1972. After the examination of Weddington and Coffee’s argument against Jay Floyd’s, the lawyer for Wade during the first argument, and Robert C. Flower’s, the lawyer for Texas in the second argument, the court ruled in Roe’s favor by claiming that the law did violate the Constitution. Consequently, Wade appealed to the U.S. Supreme Court.
When it comes to abortion I believe that it should always be left up to the woman to make the decision on whether to keep her baby or not. Having a baby is no eas...
Roe v Wade is a famous trial that made abortion within the first trimester of pregnancy legal nationwide. The final jurisdiction of the trial took place in 1973, a time when women had to fight especially hard for their rights and freedoms. The Supreme Court looked at three different cases, all centered around abortion. The parties included plaintiffs Jane Roe (Norma Leah McCorvey), husband and wife John and Mary Doe (David and Marsha King), and Dr. James Hubert Hallford; the defendant was Texas in all three cases (Pan). At first all of the issues were heard in Texas courts, and eventually all taken to the Supreme Court. Roe went to court because she believed that the state of Texas was infringing upon her personal rights to get a safe clean
Contrary to common beliefs, abortion has been a hot topic 200 years prior to 1972 Roe vs Wade. According to an article by Brian Young, “Life before Roe”, “the first US law against abortion, adopted by Connecticut in 1821, criminalized the administration of poison or of any "destructive substance" to induce a miscarriage…In 1840, however, Maine became the first state to pass a law that expressly protected all babies…” In 1859 The American Medical Association did their own investigation on how to protect the unborn fetus. From 1821 to January 1973 when the Supreme Court handed down the Roe vs Wade there were many laws passed and many laws amended. However, after many disagreements, laws and amended laws by 1973 abortions was the law of the land. Although an abortion was law, there was another huge organization that stirred up even more controversy, Planned Parenthood. According to an article, “Ex...
St. Olaf College's theme for Women's History Month is "Women in Politics." The featured guest speaker was Sarah Weddington, the attorney who, in 1973, argued the winning side of Roe vs. Wade before the United States Supreme Court. This decision significantly influenced women's reproductive rights by overturning the Texas interpretation of abortion law and making abortion legal in the United States.
Abortion may appear ethical or unethical depending on various viewpoints and circumstances. The fetus is considered a person and bringing it to term may be unethical as the act is considered as murder. In some situations, the mother may require to terminate a pregnancy for her bodily autonomy (Johnston, 2003). In such positions, the resolution to terminate a pregnancy may be argued as the most ethical choice. The mother is also considered to having a reasonable level of ethical responsibility to the fetus, because she did not take enough precaution to ensure avoiding conception (Cline, 2014). The mother’s ethical responsibility to the fetus may not be enough to deprive her choice of abortion; it...
A person being pregnant and wishing they weren't is probably the worst feelings a woman can have. A women knowing that if they brought a child into the world and they didn't want it, or they would have to give it up for adoption is such a disheartening way to start off, and mother and the un-born child would be so much better off if they were to terminate the pregnancy and wait for a more appropriate time, or in the case of rape, put the past behind them and move on. Women should have the choice because not everyone knows what the situation was. In today’s society people have attached shame with the word abortion. When people hear of abortions they automatically assume it was the mothers fault and she didn’t use protection or may...
A dispute in the abortion or no abortion case would be should abortion ever be okay. According to I believe that a baby that only has a two percent chance of even making it to birth, and then if it is born will only likely live for a day the parents should have the option of abortion. That being said I think that if someone is in that situation they can have the bab, give it all the love you can in its short life. That baby is yours, and there is nothing that could upset me more than giving a baby that could have one amazing day on earth no chance at all. Either way the baby is going to die, in one way it is murder and for what?