She was living in Dallas Texas when she became pregnant with another child. There were no medical issues that would have prevented her from carrying this child to full term. The lack of income and already having a child was her deciding factor. In March of Jane Roe filed suit against the state of Texas. She declared that the Texas Criminal Abortion Statues were unconstitutional.
Jane Roe claimed that the Texas statue was vague and took away her right of personal privacy. These rights were protected by the first, fourth, fifth, ninth and fourteenth amendments as far as Jane Roe was concerned. Roe claimed that she was not suing for herself alone but for all women. Many cases went before Roe V. Wade but none as famous. To understand Roe V. Wade we first have to look back.
Ullman , Griswold V. Connecticut , United States V. Vuitch and Eisenstadt V. All these cases were about our rights. What right God gave us and what rights are in the Constitution and Bill of Rights. The first cases were about ending laws that kept contraceptives out of individual hands. Connecticut the decision was a land breaking mark. It gave the substantive Due Process new life and enhanced our rights to privacy. Since the beginning of time abortion has been controversial. To some it is a taboo to others it is a right that only a woman can decide for herself.
In the thirteenth century the termination of a fetus, no matter what stage of pregnancy was considered a homicide. Later in society abortion was looked at less harshly. By the s abortion was illegal in almost every state. If you had an abortion or performed one you would be prosecuted.
The decision whether or not abortion was legal was left up to individual states. Under these codes the only way a woman can have an abortion is if her life is in danger and she will die if one is not performed.
Texas has had anti abortion laws since Lesser punishments for an abortion done before quickening were enacted. This act by Lord Ellenborough was the bases for abortion laws in the United States.
Connecticut was the first state to pass abortion legislation. New York made all abortions illegal no matter what part of pregnancy the women were in. New York made it a misdemeanor to terminate a pregnancy in the first stages; in the latter stages it would be considered manslaughter.
Most States adopted this way of dealing with abortion statues. A committee on criminal abortions was put in place in May of This committee would watch over the large population at hand and decide why people have abortions and why people should not have abortions.
All abortions were illegal and penalties would be enforced for both women and the doctors who preformed the abortion. With the retirement of two Supreme Court Justices, Black and Harlem, the court would have to appoint two new justices. Blackmun worked night and day on the Roe case and it would be Blackmun who would write the ruling for the court.
The Supreme Court of the United States held that abortion was a constitutional right to all women. A fetus was not looked at as a human being. To look at abortion as murder the court decided that a fertilized egg should have the same traits as a full term baby.
The court looked at the principal of privacy and the fourteenth amendment and did not extend the rights to an unborn fetus. The court in Roe V. Wade turned to medical evidence this evidence led them to a three-tiered approach. In this approach they separated a pregnancy into three trimesters. The first trimester is when most abortions occur. In fact, in the first trimester is when ninety percent of the abortions occur.
In the second trimester greater restrictions were put into place. These restrictions in the second trimester would be left up to individual states. These restrictions would be for the health and safety of the woman pregnant only. This sparked great controversy out side the courts and inside the courts.
The seven to two decisions was delivered by Blackmum with the concurring opinion of Burger, Douglas, Brennan, Stewart, Marshell, and Powell. White, and Rehnquist gave the dissenting opinions. Rehnquist and White the two dissenting opinions contested this ruling for many years. They believed the ruling to be inadequate and disapprove of their fellow justices decision. Weddington had herself been through the search for an abortion clinic that was decent.
She was lucky; she was able to live in Mexico for several weeks and could pay the high price for a safe abortion. Weddington did not want others to go through the insecurity of an illegal abortion like she had. Coffee was a practiced lawyer who was a strong supporter of abortions. John and Mary Doe, a couple that had offered their services in a previous abortion case, approached Coffee and Weddington who quickly included them in the case.
Wade had been the District Attorney for twenty years and on March 6, he received the paper that stated Jane Roe and John and Mary Doe were suing him. He had shown many times before his firm beliefs in preserving the Texas abortion laws.
Henry Wade chose one of his most capable lawyers, John Tolle, to defend him in this suit. We will write a custom essay sample on Roe v. Coffee and Weddington stated that the fourth amendment, which protects a citizen from unreasonable search and seizure, should protect a person from being unlawfully questioned about their contraception. Coffee and Weddington used the eighth amendment which guards against cruel and unusual punishment, in this case placed by forcing a woman to go through the pregnancy of a child that was conceived through rape.
The lawyers thought that this was not the strongest reason but it was worthwhile to put in. The fourteenth amendment, which was the strongest case, prohibited vaguely written or confusing laws. Since life threatening can be interpreted different ways, one being deadly and the other being ruining a life, these laws were exceedingly vague. Once these were submitted to the court in the argument, Dr. James Hallford who had been sued by Wade for performing illegal abortions requested to be in the case.
Henry Wade who was an extreme abortionist was represented by Tolle who held the same views. Tolle had four main points to attack the prosecution with. The state only prosecutes abortion performers, not those who attempt to receive or receive abortions. This second point was deterred when Dr. Hallford joined the prosecution. He replied to the vagueness issue by stating that the laws had been on the books for a century and no one had challenged it so far. With both of the arguments stated and the representatives in place, the initial trial began.
There were several appearances in court for this case, which resulted in three rulings, the last one being in the Supreme Court. The Dallas Texas court threw out the case on the conclusion that the plaintiffs had no right to sue. Hallford had a reasonable case with the right to sue. The defense questioned Dr. She Weddington concluded that, just as there could be no presumption of life without proof, neither could there be a presumption of death without proof.
With all of these arguments, the Supreme Court justices met during the week of December 16, to decide whether Roe v Wade had enough merit to continue. The case was retried in the Supreme Court then the justices deliberated. Blackmun was to revise the courts opinion after getting input from other justices. He broke a pregnancy into trimesters to please Burger who shot down the first statement. The decision was not going anywhere so Stewart issued and ultimatum to Burger stating that he has to vote one way or the other or they would make the decision without him.
Burger would not have missed voting for a landmark cases so he decided to vote with the majority. The final verdict threw the Does out of the case because the case was not based on pregnancy; it was on abortion.
This was a groundbreaking decision that changed the lives of many people. Some citizens classified themselves as pro-choice pro-abortion and others as pro-life anti-abortion.
A new line was divided among the country. Just like slavery some hundred years go, abortion had its battles. The anti-abortionists had goals to again gain control of the abortion laws. They were going to do this by getting the fetus declared a legal person and giving it the same rights as a person.
May 17, · Before Roe v. Wade, abortion was not a crime and was common in the U.S. during the s and s. During this time, striking a pregnant woman’s stomach or placing foreign tools into the uterus to induce abortion, and it .
Wade and Its Revolutionary Impact on Crime Roe v. Wade, the court case to nationally legalize abortion, is one of the most ground-breaking Supreme Court cases throughout history. The legalization of abortion is a revolution in of itself; however, Roe v.
The free Abortion research paper (Roe V. Wade essay) presented on this page should not be viewed as a sample of our on-line writing service. If you need fresh and competent research / writing on Abortion, use the professional writing service offered by . Wade had been the District Attorney for twenty years and on March 6, he received the paper that stated Jane Roe and John and Mary Doe were suing him. He had shown many times before his firm beliefs in preserving the Texas abortion laws.
Start studying Research Paper: Roe v. Wade. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Analysis of Roe v. Wade: The State Should Protect the Potential Life of the Unborn Words | 11 Pages. ruling in Roe v. Wade in As of today, over 45 million legal abortions have been performed in the United States.