Supreme Court Case Roe Vs Wade example essay topic

Roe vs. Wade Have you ever wondered how abortion came to be legal? It was decided in the Supreme Court case of Roe vs. Wade. The 1973 Roe vs. Wade decision was a major landmark in not only the abortion issue, but also in American government. In 1970, Norma McCorvey, a single and pregnant woman in Texas wanted to get an abortion. The state laws of Texas at that time stated that it was illegal to have an abortion in Texas.

Even though the state told her that she could go to one of the four states in which abortion was legal to have the procedure done, she decided that she could not afford to travel to another state to receive the procedure. Norma McCorvey decided that she would sue the state of Texas, claiming that her constitutional rights were being taken from her. She then changed her name to the pseudonym "Jane Roe" to protect her right of privacy. The district court found that Roe did have grounds to file the suit against the state of Texas. They ruled on the grounds that the abortion laws in Texas infringed on the first, fourth, fifth, ninth, and fourteenth amendments of the constitution. The first amendment states that, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances" (web).

The fourth amendment states that, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (web). The Fifth Amendment states that, No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation (web). The ninth amendment states that, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people" (web). The fourteenth and the most important in this case states in Section 1 that, All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws (web ). It states in the decision of Roe vs. Wade that, "The constitution does not define "person" in so many words" (web 18). The amendment discusses "person" 3 times in it, but it does not indicate that it has any possible pre-natal relevance; this is what made the abortion issue so hard. The state court ruled in favor of Roe, but the verdict was not strong enough to change the arrest of abortion doctors in Texas because the exact part that dealt with the right to privacy could not be decided upon.

Roe and her lawyer, Sarah Weddington, then decided to take the case to the Supreme Court. The first hearing of the Supreme Court case Jane Roe V. Henry Wade, district attorney of Dallas County, took place on December 13, 1971. Sarah Weddington argued a very strong case for privacy, but again, the direct part of the constitution dealing with her case could not be pinpointed. The council for Wade, Jay Floyd, never really stated the real basis for why the Texas laws should be upheld. In fact, neither lawyer had a real idea constitutionally where they were going to base their arguments. The Supreme Court finally decided in favor of Roe.

Chief Justice Blackmun was chosen as the speaker for the case. The appointment of Blackmun to the Supreme Court was regarded by the general public as a terrible decision. The courts were not sure as to how they came to this decision. They were getting harsh criticism from the media and the lower courts, saying that they had made their decision based upon pro-choice beliefs of the justices instead of the basis of abortion rights in the constitution. The second hearing took place on October 11, 1972. Sarah Weddington still counseled Roe, but there was a new plaintiff, Robert C. Flowers.

At this time Weddington had efficiently concluded from where she was going to draw her constitutional points from. While in the state of Texas, the case helped Weddington in their decision to base their verdict in the ninth and fourteenth amendments. Knowing that the judges were going to be stricter this time around, Weddington made sure that she had everything covered. Her opponent, Flowers, did a lot more work than her previous opponent, Floyd, leaving no room for mistakes. The justices wanted to be fair and show the lower courts and the media that they were not making their decision based on pro-choice beliefs, so they did a lot more questioning. Like the first time the court heard the case, they decided seven to two on Jane Roe's side.

"For the first time, Roe placed women's reproductive choice alongside other fundamental rights, such as freedom of speech and freedom of religion, by conferring the highest degree of constitutional protection - "strict scrutiny" - to choice" (web rights. org / crt roe j bro. html 1). Justice Blackmun was again chosen to be the speaker for the court and he decided to base the decision on the right of privacy which was implied in the first and fourteenth amendments. Blackmun stated in his decision that, "This right of privacy, whether it be founded in the fourteenth Amendments concept of personal liberty and restrictions upon state action [... ] or in the ninth Amendment's reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy" (web 16). The courts decision changed the laws in 46 states. California, Colorado, New York, and North Carolina already allowed abortions. Even though it was legal for women to travel to any of these states, it was not always reasonable or practical.

Jane Roe A.K.A. Norma McCorvey could not afford to travel to one of those states because it was unfeasible. Under the final Roe decision, only a compelling reason will allow any part of government to interfere with the exercise of the right to have an abortion in any state. The decision was outlined in three trimesters. The government may not interfere with a woman's decision to terminate pregnancy in any way during the first trimester of pregnancy, except to insist that it be done by a licensed physician. In the second trimester, the government has the power to regulate abortion only to protect the woman's health.

Abortions after fetal viability must be available if the woman's health or life is at risk, but otherwise, the government can prohibit other abortions. Pretty much the Roe opinion was based on four constitutional pillars: 1. The decision to have an abortion was accorded the highest level of constitutional right; 2. The government had to stay neutral and the legislatures could not enact laws that urged women to lean towards one decision or another; 3. In the period before the fetus can live outside the womb, the government can restrict abortion only to protect the woman's health; 4. In the period after the fetus can live outside the womb, the government may prohibit abortion, but laws must make exceptions that permit abortion when necessary to protect a woman's life or health.

These rights that have come from the Roe vs. Wade decision have impacted the Nation and have legalized abortions for everyone. The impact of abortion on women has done more damage than good. Legalizing abortion was supposed to make child abuse cases more rare. It was assumed that most children that were abused were unwanted. Since abortion was legalized, child abuse has increased sharply as scientific studies have contradicted this theory.

Philip Ney states that, "Sadly enough, statistically speaking and I have to say this very carefully, statistically speaking women who have had abortions are less likely to bond with their children" (web 1). In the 1970's, the supporters of abortion believed that Roe vs. Wade would result in every child who was born wanted and cared for and the number of children who were abused and murdered would be sharply reduced. As a columnist points out, "Abortion has brought about exactly the opposite result. Thirty years after Roe vs. Wade, the child abuse rate is now 20 times higher and the infant death rate has doubled. In addition, the out-of-wedlock birthrate has soared to 33 percent for all children and 70 percent for black children" (web 1). Abortion supporters were wrong when they assumed that making abortion legal would decrease child abuse.

Another effect that abortion has had on our society is to the mother and to subsequent children. A major complication of abortions is subsequent premature deliveries. This is a very severe matter which is increasing as the years go by, because of legalized abortions. Not only are most abortions not medically necessary, but evidence grows that they are medically destructive to the mother and to subsequent children. For instance, abortion is almost without doubt adding to the growing number of premature babies born each year in hospitals. Most are low birth weight and at greater risk for birth defects, visual and hearing impairments, delayed speech, and subject to many other illnesses and therefore, a higher death rate.

Barbara Luke states that, "If you have had one or more induced abortions, your risk of prematurity with this pregnancy increases about 30 percent" (web vol 8 no 4 b 2000. html 2). In abortions, not only the cervix traumatized, but so is the lining of the uterus. Is it any wonder that it is much harder for a woman to maintain a pregnancy? Not only does abortion affect the mother, but it affects the children born after the abortion. Philip Ney talks about 'post-abortion survivor syndrome' in his interview with Frank Pavone. "So what is it like now to grow up in a home where you suspect or you know that one of your unborn siblings was aborted?" (web 2).

Ney says that it creates a huge range of deep conflicts. That is what they call post-abortion survivor syndrome. Some kids feel that it is not right that they are alive because of the guilt. Some kids even wonder why they were selected to live while their siblings were selected to die. These thoughts are embedded deeply and will haunt the children for the rest of their lives. Norma McCorvey has now become a Christian and has started a pro-life ministry called "Roe no more".

McCorvey, who joined the anti-abortion fight almost ten years ago, regrets what she did in Roe vs. Wade. She also thinks that the Supreme Court's decision is no longer valid because of scientific evidence and changes in law that has been discovered in the last 30 years. This evidence shows the very real negative effects of abortion. Parker, her lawyer, is representing "Jane Roe" in trying to overturn and reopen the 1973 decision. Parker is basing the overturning on three things: 1. That the Roe vs. Wade decision deprived women of protection from dangerous abortions and exposed them to a bigger risk of being pressured into an unwanted abortion.

Many women are pressured from their male partner, physicians, parents, or others. 2. The question, "When does life begin"? was an unanswered question in 1973. Now there are answers that say that life begins at conception. 3. People need to protect unwanted children after they are born.

Women should no longer be forced to dispose of unwanted children by ending human life. Whether you believe in legalized abortion or not, the Supreme Court case Roe vs. Wade has definitely changed the way most American women treat unwanted pregnancies. It will be interesting to see what changes may occur from the next "Roe" case.

Bibliography

Is Cerebral Palsy Ever a ' "Choice'?" Life issues. net. 2000.
31 July 2004.
Palmer, Gary. "Roe V. Wade Exposed. 22 Jan. 2003.
Alabama Policy Institute. 31 July 2004.
web. Pavone, Frank. Interview. Interview with Dr. Philip Ney. 16 Jan. 2001.
Roe vs. Wade". The case. 22 Jan. 1973.
12 July 2004.
Roe vs. Wade - Then and Now". Reproductive rights. org. Jan. 2003.
9 July 2004.