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Roe v. Wade - inconsistencies regarding the state of...

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Roe v. Wade Prior to this case, each state had its own law regarding what should be done about abortion. After the case, every state made it illegal to prohibit abortion. Who is Roe here? Roe is a hypothetical name (like John Doe). Wade is the one enforcing the law in Texas. Roe v. Wade is essentially a legal decision. When Jane Roe was suing she was suing the laws of the state of Texas for not allowing her to have an abortion. Texas’ argument was the RTL argument. It based its position on the idea that at conception a human being is formed, & it is the duty of the state of Texas to protect that right. Arguments against Wade: o When taking the census, fetuses are not counted. o In most states, if a fetus were to die no death certificate was required. But in all states, if an infant is to die, a death certificate is required. For our purposes, the most interesting part in the Supreme Court’s decision was a few
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Unformatted text preview: inconsistencies regarding the state of Texas’ position: o In the case of abortion, doctors in Texas were sentenced to 5 years in prison if caught administering an abortion. However, first-degree murder in Texas was punishable by life or the death sentence. o Even more peculiar, the woman is not prosecuted at all, only the doctor. But the woman, unless she was kidnapped and given an abortion, would be considered o Other interesting facts: the state of Texas allowed the sale of inter-uterine devices and other contraceptives. The inter-uterine devices did not stop conception but the continuing of conception. o More interesting: the state of Texas did allow abortion in cases of rape. It was bad enough that she was raped now she has to bear the child....
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