Roe v. Wade brief - George Dorfman Marika Dunn Law And...

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George Dorfman Marika Dunn Law And Politics November 13, 2007 Roe et al. v. Wade, District Attorney of Dallas County 410 U.S. 113 (1973) FACTS: Jane Roe, a resident of Texas, wanted to terminate her pregnancy by having an abortion performed. Article 1196 of the Texas Penal Code at that time proclaimed the criminalization of abortion, citing the theory that life starts at the conception of the child, and it is the State’s responsibility to adhere to the safety of the fetus. In 1969, Roe filed a case against the Dallas County district attorney. In 1971, Article 1196 was removed from Texas’ penal code, when a federal circuit court case ruled that governmental regulation of the right of women to have an abortion violated the 9 th Amendment, which states that “[T]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” QUESTION: Is the issue of personal privacy pertinent when addressing the termination of a pregnancy? Does the United States government have any right to regulate abortions? REASONING: Blackmun: “Our conclusion that Article 1196 is unconstitutional means, of course, that the Texas abortion statutes, as a unit, must fall.” Common law at this time implied that it was not an indictable offense to have an abortion, as long as it was performed before the first movements of the child. One argument Blackmun addresses is America’s treatment of abortion as a medical procedure. He states that
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This note was uploaded on 04/03/2008 for the course LAW AND PO 106 taught by Professor Levine during the Spring '08 term at Rutgers.

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Roe v. Wade brief - George Dorfman Marika Dunn Law And...

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