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Roe Vs Wade

Essay by   •  November 17, 2010  •  763 Words (4 Pages)  •  1,462 Views

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ROE VS WADE

The debate on abortion continues after the landmark decision Roe vs Wade.

There is talk on the television news shows as well as in the newspapers that the U.S. Supreme

Court Justice will overturn the landmark decision Roe vs Wade. News media reports religious

groups are insisting the President of the Unites States appoint Justices who will overturn Roe vs

Wade. (CNN, Times Picayune) There were laws enacted prior to the 1970's banning abortion;

however, abortion is legal if proceeding with the pregnancy is detrimental to the mother's health.

According to the lawsuit, Roe vs Wade, Roe was an unmarried pregnant woman who wished to

terminate her pregnancy. She was unable to procure an abortion by "a competent licensed

physician" in the state of Texas because her life was not in danger, nor could she "afford" to

travel outside the state to procure an abortion. (Planned Parenthood vs Casey, P3) Ms. Roe and

others brought a class action lawsuit against the state of Texas "challenging the constitutionally

of Texas criminal abortion laws. The other plaintiff's complaint was not relevant to the case.

(Planned Parenthood vs Casey, p6,7) The U.S. Supreme Court heard arguments on the case in

1972 and decided in January 1973 that the State of Texas had denied Roe the right to terminate

her pregnancy. The State of Texas was infringing on Roe's right to personal privacy;

furthermore, the Supreme Court Judges fount that "Texas Penal Code swept too broadly in

that the statue only reason was for saving the mother's life with no other distinction"

(Roe vs Wade, p19)

The Supreme Court Judges addressed privacy right given in the U.S. Constitution and the Bill of

Rights; furthermore, other abortion cases were considered before the Supreme Court and Roe vs

Wade was one of the precedent cited in reaffirming their decisions.

The Supreme Court ruled that Roe had a right to privacy, In Roe vs Wade, the U.S.

Supreme Court judges "recognized that a right of personal privacy or a guarantee of certain areas

or zones of privacy do exist under the Constitution." This right of privacy was found in the

"First, Fourth, Fifth, Ninth, first section of the Fourteenth and in the penumbras of the Bill of

Rights." (Roe vs wade, p15)

The Supreme Court Justices must deem the rulings in Roe vs Wade to be outdated. So

far, this is not the case. Roe vs Wade is the determinant case for dealing with abortion and is the

guideline for abortion cases. The guidelines in Roe vs Wade are: "Decisions about an abortion

prior to the end of the first trimester must be left to the woman and her attending physician."

"The states may enact reasonable laws in the interest of the

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