Roe vs Wade Paper

Roe vs Wade Paper - 11/13/07 Roe vs. Wade In 1970, two...

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11/13/07 Roe vs. Wade In 1970, two Texas attorneys, Linda Coffey and Sarah Weddington, filed a suit in the U .S. District Court on Norma L. McCorvey’s behalf against defendant Dallas County District Attorney Henry Wade . The attorneys were arguing to reevaluate the Texas laws regarding abortion . The District Court ruled in favor of McCorvey, yet the court refused to give an injunction against the enforcement of the laws regarding abortion . The case eventually reached the U .S. Supreme Court on appeal. On January 22 nd , 1973, the U .S. Supreme Court handed down the decision in a seven to two majority to rule in favor of McCorvey, thus altering the Texas state laws and national laws surrounding abortion 1 . The Supreme Court’s decision in the Roe vs . Wade case granted abortion as a fundamental right under the U .S. Constitution, rendering all previous laws regarding abortion to be reviewed with strict scrutiny . The official decision consisted of several clauses . One of the clauses reads the following: State criminal abortion laws, like those involved here, that except from criminality only a life- saving procedure on the mother's behalf without regard to the stage of her pregnancy and other interests involved violate the Due Process Clause of the Fourteenth Amendment, which protects against state action the right to privacy, including a woman's qualified right to terminate her pregnancy. Though the State cannot override that right, it has legitimate interests in protecting both the pregnant woman's health and the potentiality of human life, each of 1 http://tourolaw.edu/Patch/Roe/
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which interests grows and reaches a "compelling" point at various stages of the woman's approach to term 2 The subsequent three sub-clauses that follow the above-mentioned clause elaborate further into the abortion legal process as it relates to the health of the pregnant mother . They describe how they state condones abortion to preserve to welfare of the mother: “For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician .” 3 The Supreme Court broke down the stages of pregnancy into trimesters, declaring that a woman, along with her doctor’s opinion, has the right to have an abortion before the fetus is considered viable prior to the end of the first trimester . During the subsequent two trimesters, an abortion is acceptable only to preserve the
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This note was uploaded on 04/15/2008 for the course MJ 021 taught by Professor Finucane during the Spring '08 term at BC.

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Roe vs Wade Paper - 11/13/07 Roe vs. Wade In 1970, two...

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