Roe Vs. WadeRoe Vs. Wade

19731973

Constitutional issueConstitutional issue

Roe sued based on the XIV Roe sued based on the XIV amendment which stated “nor shall amendment which stated “nor shall any state deprive any person of life, any state deprive any person of life, liberty or property.” She stated that liberty or property.” She stated that it was her life and her body and that it was her life and her body and that she could do whatever she wanted in she could do whatever she wanted in safe conditions.safe conditions.

Litigant: RoeLitigant: Roe

Norma Leah McCorvey (née Nelson, Norma Leah McCorvey (née Nelson, born September 22, 1947), better born September 22, 1947), better known by the legal pseudonym known by the legal pseudonym "Jane Roe", was the plaintiff in the "Jane Roe", was the plaintiff in the landmark American lawsuit landmark American lawsuit Roe v. Roe v. WadeWade in 1973. The U.S. Supreme in 1973. The U.S. Supreme Court overturned individual states' Court overturned individual states' laws against abortion by ruling laws against abortion by ruling them unconstitutionalthem unconstitutional

Litigant: WadeLitigant: Wade Wade, as Dallas County District Attorney, was the named Wade, as Dallas County District Attorney, was the named

defendant when attorneys Sarah Weddington and Linda defendant when attorneys Sarah Weddington and Linda Coffee took on a 1970 constitutional challenge to the Texas Coffee took on a 1970 constitutional challenge to the Texas criminal statutes prohibiting doctors from performing criminal statutes prohibiting doctors from performing abortions with the exception to save the life of the mother. abortions with the exception to save the life of the mother. Norma McCorvey ("Jane Roe"), The challenge sought a Norma McCorvey ("Jane Roe"), The challenge sought a declaratory judgment that the Texas criminal abortion declaratory judgment that the Texas criminal abortion statutes were unconstitutional on their face, and an statutes were unconstitutional on their face, and an injunction restraining the defendant from enforcing the injunction restraining the defendant from enforcing the statutes. The lower court refused to grant Roe's desired statutes. The lower court refused to grant Roe's desired injunction, but declared the criminal abortion statutes were injunction, but declared the criminal abortion statutes were void. Consequently, both side cross-appealed. The case void. Consequently, both side cross-appealed. The case worked its way through the appellate process, culminating worked its way through the appellate process, culminating in the Supreme Court's landmark 1973 in the Supreme Court's landmark 1973 Roe v. WadeRoe v. Wade decision which made abortion legal in the United States. decision which made abortion legal in the United States. Until that decision, Wade had never lost a case Until that decision, Wade had never lost a case

Background InformationBackground Information

In September 1969, Norma L. McCorvey In September 1969, Norma L. McCorvey found out she was pregnant. She returned found out she was pregnant. She returned to Dallas, where friends told her to falsely to Dallas, where friends told her to falsely acclaim that she had been raped, because acclaim that she had been raped, because then she could obtain a legal abortion. then she could obtain a legal abortion. However, this failed, since there was no However, this failed, since there was no police report proving the alleged rape. She police report proving the alleged rape. She attempted to obtain an illegal abortion, attempted to obtain an illegal abortion, but found the unauthorized site shuttered, but found the unauthorized site shuttered, closed down by the police. Eventually, she closed down by the police. Eventually, she was referred to attorneys Linda Coffee and was referred to attorneys Linda Coffee and Sarah Weddington.Sarah Weddington.

Background InformationBackground Information

In 1970, attorneys Linda Coffee and In 1970, attorneys Linda Coffee and Sarah Weddington filed suit in a U.S. Sarah Weddington filed suit in a U.S. District Court in Texas on behalf of District Court in Texas on behalf of Norma L. McCorvey (under the alias Norma L. McCorvey (under the alias Jane Roe). The defendant in the case Jane Roe). The defendant in the case was Dallas County District Attorney was Dallas County District Attorney Henry Wade,representing the State Henry Wade,representing the State of Texas.of Texas.

Majority opinionMajority opinion

The opinion of the Roe Court, written by The opinion of the Roe Court, written by Justice Harry Blackmun, declined to adopt Justice Harry Blackmun, declined to adopt the district court's Ninth Amendment the district court's Ninth Amendment rationale, and instead asserted that the rationale, and instead asserted that the "right of privacy, whether it be founded in "right of privacy, whether it be founded in the Fourteenth Amendment's concept of the Fourteenth Amendment's concept of personal liberty and restrictions upon state personal liberty and restrictions upon state action, as we feel it is, or, as the District action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's Court determined, in the Ninth Amendment's reservation of rights to the people, is broad reservation of rights to the people, is broad enough to encompass a woman's decision enough to encompass a woman's decision whether or not to terminate her pregnancy." whether or not to terminate her pregnancy."

Dissenting OpinionDissenting Opinion

Justice White wrote:Justice White wrote: ““I find nothing in the language or history of the Constitution I find nothing in the language or history of the Constitution

to support the Court's judgment. The Court simply fashions to support the Court's judgment. The Court simply fashions and announces a new constitutional right for pregnant and announces a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its mothers and, with scarcely any reason or authority for its action, invests that right with sufficient substance to action, invests that right with sufficient substance to override most existing state abortion statutes. The upshot override most existing state abortion statutes. The upshot is that the people and the legislatures of the 50 States are is that the people and the legislatures of the 50 States are constitutionally disentitled to weigh the relative importance constitutionally disentitled to weigh the relative importance of the continued existence and development of the fetus, of the continued existence and development of the fetus, on the one hand, against a spectrum of possible impacts on on the one hand, against a spectrum of possible impacts on the mother, on the other hand. As an exercise of raw the mother, on the other hand. As an exercise of raw judicial power, the Court perhaps has authority to do what it judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review and extravagant exercise of the power of judicial review that the Constitution extends to this Court.”that the Constitution extends to this Court.”

Dissenting OpinionDissenting Opinion

Judge Rehnquist Judge Rehnquist ““To reach its result, the Court necessarily has had to To reach its result, the Court necessarily has had to

find within the scope of the Fourteenth find within the scope of the Fourteenth Amendment a right that was apparently completely Amendment a right that was apparently completely unknown to the drafters of the Amendment. As unknown to the drafters of the Amendment. As early as 1821, the first state law dealing directly early as 1821, the first state law dealing directly with abortion was enacted by the Connecticut with abortion was enacted by the Connecticut Legislature. By the time of the adoption of the Legislature. By the time of the adoption of the Fourteenth Amendment in 1868, there were at Fourteenth Amendment in 1868, there were at least 36 laws enacted by state or territorial least 36 laws enacted by state or territorial legislatures limiting abortion. While many States legislatures limiting abortion. While many States have amended or updated their laws, 21 of the have amended or updated their laws, 21 of the laws on the books in 1868 remain in effect today.laws on the books in 1868 remain in effect today.

SignificanceSignificance The decision in Roe v. Wade began a still-The decision in Roe v. Wade began a still-

continuing national debate over whether continuing national debate over whether terminating pregnancies should be legal, or terminating pregnancies should be legal, or rather can a state choose to deem the act rather can a state choose to deem the act illegal, the role of the Supreme Court in illegal, the role of the Supreme Court in constitutional adjudication, and the role of constitutional adjudication, and the role of religious views in the political sphere. Roe religious views in the political sphere. Roe v. Wade became one of the most politically v. Wade became one of the most politically significant Supreme Court decisions in significant Supreme Court decisions in history, reshaping national politics, dividing history, reshaping national politics, dividing the nation into "pro-choice" and "pro-life" the nation into "pro-choice" and "pro-life" camps, and inspiring grassroots activism.camps, and inspiring grassroots activism.

Our ReflectionsOur Reflections

We feel that this case was a very sensitive We feel that this case was a very sensitive issue, and we tried to inform everyone issue, and we tried to inform everyone without being byist. We Found that a basic without being byist. We Found that a basic layout of everything will provide enough layout of everything will provide enough information to all of you so that you can information to all of you so that you can draw your own conclusions. draw your own conclusions.

Weather you agree or disagree the courts Weather you agree or disagree the courts ruling was final and abortion is legal. ruling was final and abortion is legal. However in the future that could change. However in the future that could change. This is due to all the anti-abortion activist.This is due to all the anti-abortion activist.

BibliographyBibliography

Website #1- Website #1- http://en.wikipedia.org/wiki/Henry_Wadehttp://en.wikipedia.org/wiki/Henry_Wadethis webpage provided all the information we this webpage provided all the information we needed about Henry Wadeneeded about Henry Wade

Website #2- Website #2- http://en.wikipedia.org/wiki/Norma_McCorveyhttp://en.wikipedia.org/wiki/Norma_McCorvey this webpage provided all the information we this webpage provided all the information we needed on Jane Row.needed on Jane Row.

Website #3-Website #3-http://www.tourolaw.edu/patch/roe/http://www.tourolaw.edu/patch/roe/

This webpage provided information we needed This webpage provided information we needed on the court caseon the court case