Roe V Wade

Roe v. Wade

Have you ever wondered how abortion came to be legal? It was decided in the Supreme Court case of Roe v. Wade. The 1973 Roe v. Wade decision was a major landmark in not only the abortion issue, but also in American government.

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" (http://www.house.gov/Constitution/Amend.html). The Fifth Amendment states that,

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation (http://www.house.gov/Constitution/Amend.html).

The ninth amendment states that, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people" (http://www.house.gov/Constitution/Amend.html).The fourteenth and the most important in this case states in Section 1 that,

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws (http://www.house.gov/Constitution/Amend.html ).

It states in the decision of Roe v. Wade that, "The constitution does not define "person" in so many words" (http://www.tourolaw.edu/patch/Roe/ 18). The amendment discusses "person" 3 times in it, but it does not indicate that it has any possible pre-natal relevance; this is what made the abortion issue so hard. The state court ruled in favor of Roe, but the verdict was not strong enough to change the arrest of abortion doctors in Texas because the exact part that dealt with the right to privacy could not be decided upon. Roe and her lawyer, Sarah Weddington, then decided to take the case to the Supreme Court.

The first hearing of the Supreme Court case Jane Roe V. Henry Wade, district attorney of Dallas County, took place on December 13, 1971. Sarah Weddington argued a very strong case for privacy, but again, the direct part of the constitution dealing with her case could not be pinpointed. The council for Wade, Jay Floyd, never really stated the real basis for why the Texas laws should be upheld. In fact, neither lawyer had a real idea constitutionally where they were going to base their arguments. The Supreme Court finally decided in favor of Roe. Chief Justice Blackmun was chosen as the speaker for the case. The appointment of Blackmun to the Supreme Court was regarded by the general public as a terrible decision. The courts were not sure as to how they came to this decision. They were getting harsh criticism from the media and the lower courts, saying that they had made their decision based upon pro-choice beliefs of the justices instead of the basis of abortion rights in the constitution.

The second hearing took place on October 11, 1972. Sarah Weddington still counseled Roe, but there was a new plaintiff, Robert C. Flowers. At this time Weddinton had efficiently concluded from where she was going to draw her constitutional points from. While in the state of Texas, the case helped Weddington in their decision to base their verdict in the ninth and fourteenth amendments. Knowing that the judges were going to be stricter this time around, Weddington made sure that she had everything covered. Her opponent, Flowers, did a lot more work than her previous opponent, Floyd, leaving no room for mistakes. The justices wanted to be fair and show the lower courts and the media that they were not making their decision based on pro-choice beliefs, so they did a lot more questioning. Like the first time the court heard the case, they decided seven to two on Jane Roe's side. "For the first time, Roe placed women's reproductive choice alongside other fundamental rights, such as freedom of speech and freedom of religion, by conferring the highest degree of constitutional protection - "strict scrutiny" - to choice" (http://www.reproductive rights.org/crt_roe_jbro.html 1). Justice Blackmun was again chosen to be the speaker for the court and he decided to base the decision on the right of privacy which was implied in the first and fourteenth amendments. Blackmun stated in his decision that, "This right of privacy, whether it be founded in the fourteenth Amendments concept of personal liberty and restrictions upon state action [...] or in 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" (http://www.tourolaw.edu/patch/Roe/