POLS
CivilLibertiesFall2018.jbc (2).pptx

Wade case facts norma mccorvey jane roe a dallas

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Roe v. Wade: Case Facts Norma McCorvey (“Jane Roe”), a Dallas woman, sought an abortion But Texas (and other states) law prohibited abortions except when the health/life of the mother necessitated it, as determined by a physician Defendant (person getting sued) was Henry Wade, the District Attorney in Dallas County
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Roe v. Wade: The Ruling Justice Harry Blackmun wrote the majority opinion TX abortion law violated the right to privacy based on the due process clause in the 14 th amendment TX law too sweeping
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Roe v. Wade: Abortion by Trimester 1 st trimester: Government has no right to interfere; the decision about whether to terminate a pregnancy is for the woman and her doctor 2 nd trimester: Government can enact laws aimed at protecting the mother’s health 3 rd trimester: Government can intervene to protect the child; the child is now viable, i.e. can survive on its own, but the mother’s health must be protected
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The Aftermath Laws in 46 states invalidated as a result of the ruling Many states have passed laws that ban abortion effective immediately should Roe v. Wade be overturned The ruling led to the establishment of the pro-life and pro-choice movements
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Webster v. Reproductive Health Services (1989) Webster v. Reproductive Health Services (1989) Planned Parenthood v. Casey (1992) Planned Parenthood v. Casey (1992) Missouri law prohibited: Public funding of abortions Public employees/facilities from participating in abortion Exceptions if the abortion was necessary to save the mother’s life Supreme Court ruled in favor of Missouri Prohibition of “undue burdens” “The purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability” Subsequent Rulings
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Abortion Laws in Casey Abortion Laws in Casey: Spousal notice Informed consent Parental notification/consent 24 hour waiting period Reporting requirements by abortion providers Many of the upheld laws are now common nationwide Additional restrictions that are currently in effect in certain states: Ultrasounds Restrictions on the use of Medicaid to fund abortions for poor women Counseling about the ability of a fetus/embryo to experience pain
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Abortion Statistics Approximately 55 million abortions have occurred since Roe Abortion in the United States Additional statistics on abortion in the United Stat es 87 percent of U.S. counties lack abortion providers; about 1/3 of women live in these counties
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Abortion and Public Opinion Generally stable since Roe Also deeply conflicted; many Americans don’t fit squarely into either camp Candidates Fight Over Abortion, but Public H as Surprising Level of Harmony 2013 Pew Research Study Finds Geographical Differences in Public Opinion Surrounding A bortion
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The Pro-Choice Movement NARAL Pro Choice America Mission Statemen t Has gained momentum in recent years as states have imposed additional restrictions, but there are now deep rifts within it
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The Pro-Life Movement
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  • Spring '08
  • mcfaden
  • Government, Definition, Limitations

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