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Roe v. Wade
Roe v. Wade was a United States Supreme Court case. The outcome of the case gave legal definitions to things such a viability of a fetus, and set many regulations involving abortion.
230 Questions
What did Roe v Wade block states from doing?
Roe v. Wade blocked states from banning abortion during the first trimester of pregnancy. The landmark Supreme Court case established that a woman has a constitutional right to choose to have an abortion, and any state laws that imposed an undue burden on that right were deemed unconstitutional.
What rights did Roe vs Wade establish?
Roe v. Wade, a landmark Supreme Court decision in 1973, established a woman's constitutional right to have an abortion. The case determined that a state law banning abortions, except to save the life of the mother, was unconstitutional, as it violated a woman's privacy rights under the Fourteenth Amendment. The decision held that a woman is entitled to have an abortion in the early stages of pregnancy without undue government interference.
Continuation of back-alley abortions, which often result in a significant health care crisis or death. While the US and state governments aren't required to use tax money for abortions; they can't refuse to treat someone suffering the after-effects of a botched abortion.
There would probably be a black market for abortion pills, which women intent on having an abortion would likely purchase over the internet, if necessary. The internet has thus far proven impossible to regulate effectively.
Women who might have had abortions because they didn't have the means to care for a child would live in poverty and require significant social services and other government support to survive.
Adoptions would increase, but supply might overwhelm demand, allowing adoptive parents to be choosier about selecting a baby, and leaving those with health and potential emotional problems (based on known background, drug exposure, etc.) wards of the state.
Like it or not, there would be a pool of unwanted children who may not be absorbed by the foster care system, and who would grow up in institutions without loving parents to care for them.
The social and financial burden on society would be huge. Those who are pro-life would probably complain about big government and deficit spending, without realizing the policies they promote would be largely responsible for the situation.
In summary: making abortion illegal would not stop abortion, only make it more dangerous or change the way abortion is accomplished; making abortion illegal would create a black market for abortion drugs; making abortion illegal would increase the burden on society through higher costs of health care and other social programs. Someday, people may recognize that certain negative aspects of society will endure, regardless of laws or individual religious beliefs.
Which issue was addressed in the Supreme Court Decision Roe v Wade?
The Supreme Court decision Roe v. Wade addressed the issue of abortion and established the constitutional right to privacy, which includes a woman's right to have an abortion. This landmark decision legalized abortion nationwide and prohibited states from banning or significantly restricting access to abortion.
Who pressed charges in the Roe v Wade court case?
No one pressed charges; that only happens in a criminal case, and Roe v. Wade was a civil case contesting an anti-abortion law in the State of Texas.
Roe (Norma McCorvey) was the plaintiff who brought the complaint (like pressing charges), and later petitioned the US Supreme Court to review the case.
Case Citation:
Roe v. Wade, 410 US 113 (1973)
Constitutional issue faced in roe v wade case?
The main constitutional issue in Roe v. Wade was whether a woman's right to have an abortion is protected under the Fourteenth Amendment's right to privacy. The Supreme Court ultimately ruled that a constitutional right to privacy does exist, and that it encompasses a woman's decision to have an abortion. However, the Court also acknowledged that states have an interest in protecting the potential life of the fetus, and therefore, state regulations on abortion are permissible as long as they do not place an undue burden on the woman.
Is Roe v Wade a case were wrongful due process was used?
Opinion
The answer is a simple yes. The guidelines used to determine the outcome of Roe v. Wade were completely unconstitutional. John Ely wrote in the Yale Law Journal and condemned the outcome "because it is bad constitutional law, or rather because it is not constitutional law and gives almost no sense of an obligation to try to be". Whenever you bring suit to Supreme court, it has to fall under any part of the constitution or be amended to the constitution. Under the constitution you have a "right to life" This means that your life cannot be taken from you, that would be murder. A fetus cannot defend or represent itself and is notcovered under the constitution.
Answer
Actually it wasn't wrongful and covered in the Bill of Rights as right to privacy as the US Supreme Court interpreted it. Quote from Wiki:
Right of Privacy
"Right of a person to be free from intrusion into matters of a personal nature. Although not explicitly mentioned in the U.S. Constitution, a right to privacy has been held to be implicit in . . . providing protection from unwarranted government intrusion into areas such as marriage and contraception. A person's right to privacy may be overcome by a compelling state interest.?
Who is the defendant in roe v wade?
The plaintiff in Roe v. Wade, (1973) was identified as "Jane Roe," a common proxy for the name of someone who wishes to remain anonymous. The real plaintiff in the case was Norma McCorvey.
McCorvey never had an abortion. She gave birth to a baby girl who was immediately placed for adoption. McCorvey renounced her pro-choice stance in recent years and has become a Right to Life activist.
In the US Supreme Court case Roe v Wade was Roe pregnant?
Jane Roe, aka Norma McCorvey, was pregnant when she filed her case challenging anti-abortion law in the Texas courts, but gave birth to the Roe baby in 1971, two years before the case reached the US Supreme Court. She never had an abortion.
Case Citation
Roe v. Wade, 410 US 113 (1973)
What are opinions about whether Roe v. Wade should be overturned?
This is a hot question that can only be answered in the form of opinion. I personally believe that life begins at conception, therefore abortion is murder and Roe vs Wade should be overturned. I do not believe that there are exceptions, abortion is wrong. This is my opinion and is based on my beliefs and is no better than anyone else's.
And now for a woman's perspective. I believe Roe V Wade should be upheld. Mainly because no one else should be able to tell a female of child bearing age what she must do with her body. That is akin to holding her in slavery for a period of time. And I know people will say if she didn't want to get pregnant she shouldn't have had sex, but that is a ridiculous statement based in religious beliefs not based in science. We humans are sexual beings. We sometimes get pregnant when we don't want to or didn't plan on it. The assertions that it is murder is not something I agree with at all. That embryo/fetus is not viable or able to live on it's own. It depends on the body of the woman for it's survival. Once born is another story.
The choice to have an abortion is rarely an easy choice for anyone, but it is a choice that should be available because it does directly affect the body, life and health of the pregnant female. Very few, if any, women use abortion as a means of birth control. Accidental pregnancies do occur. A pregnancy takes a significant period of time, changes a woman's health and body and ends with either a child to care for or a heart wrenching decision to give a child up for adoption. I have heard from many of those who did choose adoption that they have been wracked with guilt and the agony of never knowing the child they gave up. They watch faces of children around the right age, wondering is this my child? I know that many on the anti-choice side say that many women are wracked with guilt after having an abortion. I cannot say they don't feel that way. I have not met any of those women, but I have met some who gave up a child for adoption.
Abortion is a medical procedure. I, and many others, don't believe a medical decision should have the government or religions involved in it. If it isn't their body they shouldn't have a right to make the decision. I do support making abortions less frequent with more birth control available and affordable. Family planning is a great way to cut down the demand for abortions. Birth control is expensive and not always available to all females of child bearing age. Make it easier to get a variety of birth control and abortions will be reduced. It is one of life's ironies, getting Viagra or another drug for E.D. is easier and cheaper than getting the birth control that can prevent the pregnancy that may occur when the Viagra works. Hmm.
The decision in Roe stated that abortion was a fundamental right; nobody should tell a person what they must and must not do with their body, subject to the usual public concern ideas. They further determined that an abortion should be permitted, until such time as the foetus was viable - viable meaning able to live independently of its mother, albeit with medical aid if necessary. This decision is an ideal middle ground. If the child couldn't live on its own, then can it be said to have its own life or is its life tied to the mother's? This author believes that at this point in development, it is as much a part of the mother as her arm or brain or liver, and thus it should be her decision as to whether she wishes to keep this part or not.
However, beyond this point and at the time it would be viable, it should be considered as a separate person, without regard to the fact it lives within another person. It is now a separate identity and allowing abortion at that stage is justifiably compared to murder: the deliberate ending of another human life, life that could have continued whether you were there or not. Additionally, by this point you have carried it for at least 6 months; even if you were not aware of it for a month after conception, you had 5 months to decide what to do and didn't want to make the choice, so you wouldn't really expect to make it now.
Given these positions and how they accomodate both moral and technical standpoints, the decision in Roe should be allowed to stand: if it could live on its own, let it; if it is just another part of you, it is your choice what to do with it.
Who was affected by Roe v Wade?
Roe v. Wade, the landmark Supreme Court decision in 1973, affected pregnant women in the United States. The ruling established a woman's constitutional right to have an abortion, thereby ensuring increased access and legal protection for reproductive choices. It also impacted healthcare providers who could now offer safe and legal abortions, as well as activists and organizations pushing for women's reproductive rights.
What did Henry Wade want in the case?
He didn't want Jane Roe (Real name:Norma McCorvey) to get an abortion because he thought it was like killing a child he said. She never did get an abortion because they had a law suit. But, Norma did give her baby up for adoption. The real reason she didn't the baby is because she was not the reason she got pregnant. She was raped. And, she was only 21 years old with a 10th grade education. She was no where near ready to have a baby. But, to this day she regrets giving him/her up.
Why did the dissent disagree in Roe v Wade?
The dissent in Roe v. Wade disagreed with the majority's decision to recognize a constitutional right to abortion. They argued that the Constitution does not explicitly address the issue of abortion, and that the matter should be left to the states to decide through democratic processes. They also believed that the potential life of the fetus should be given more weight and protection by the state.
Who are the roe v wade lawyers?
Roe v. Wade, 410 US 113 (1973) had to be argued twice because both attorneys failed to make a strong case to the Court in the initial oral stage. Roe's attorney, Sarah Weddington, was unable to explain to Justice Potter Stewart why the Constitution would protect a woman's right to privacy. The attorney representing Texas, Jay Floyd, also had a weak argument.
Robert C. Flowers replaced Floyd as Jane Roe's Texas' lead counsel and withstood strenuous questioning from both Justice Stewart and Justice Marshall.
To access MP3 recordings of the oral arguments in Roe v. Wade, see Related Links, below.
Why did some people protest the ruling in Roe v Wade?
Some people protested the ruling in Roe v. Wade because they believe that abortion is morally wrong and that it violates the rights of unborn children. They also argue that the decision should be left to individual states to decide rather than being determined by the federal government.
What political party was in office during Roe v. Wade?
The US President, Richard Nixon, was Republican.
In the 93rd and 94th Congresses, which covers the period from 1973-1975, the Democrats had a slight majority in the Senate; and a signficant majority in the House.
Before you go blaming Democrats, bear in mind that neither the President NOR Congress had any ability to influence the Supreme Court's decision, nor to change it once made.
Consider the number of liberals a post-Vietnam-War spike reflecting the mood of more than half the population in many areas of the country. Nixon, a Republican, was elected, in large part, because he promised to end the war.
Why is roe v wade so controversial?
This controversial ruling struck down many of the legal restrictions that were (at that time) in place against abortion. It is hard to estimate the impact of the ruling itself, since it was tied in with a number of much broader movements: the sexual revolution, women's rights movement, feminism, and civil rights more generally. However, for a period of perhaps 100 years prior - beginning in the late 19th century and ending with RvW - abortion was a felony in most states in the US, punishable by fine or imprisonment. This meant that women who became pregnant were legally obligated to bring the child to term regardless of the conditions of their life or how they came to be pregnant. The only exceptions were for imminent risk to the woman's life. Abortions were still carried out despite the legal restrictions, but (because of the risks to those doing the abortions, who could also be jailed), abortions were often done secretively and without proper medical procedures. This carried an unfortunately high rate of medical problems, either from the treatment itself or from post-treatment infection, which could sometimes lead to permanent reproductive damage or even death.
Some have connected abortion with increases in sexual promiscuity, sexually transmitted diseases, and other social ills, though this is probably a function of the sexual revolution more generally, which legitimized non-marital sexuality and created an open environment for discussions and depictions of sexuality in media (such as advertising and entertainment). Frankly, the risk of pregnancy (despite what people may say) has never been much of a deterrent to sexual activity in people of any age. The debate over abortion has become a significant cultural phenomenon in its own right, with an impact on election campaigns and public policy nationwide, though it has generally focused on the question of rights (the rights of the mother against the rights of an unborn child) rather than on questions of sexuality.
The right to an abortion was seen as one of the lynch-pins of the women's rights movement not because abortion was needed as a form of contraception - there were many contraceptives available at the time, as there are today - but because abortion was seen as a necessary 'last-ditch' safeguard against a woman being forced to have a child against her will. Contraceptives might fail or be sabotaged, sexual intercourse might be forced, living conditions might make raising a child an untenable burden; all of these cases can result in a woman being reduced (to use the feminist's terminology) to a form of chattel slavery, in which she must dedicate her life to caring for a child she neither asked for nor wanted. The moral/ethical conflict, thus, lies between the inherent right any individual has to be free (which is well-established in moral and legal codes) and the right of an unborn individual to live (highly contentious uncharted territory, since the various religious and medical opinions can not agree at what point an unborn child becomes a living being). The most conservative opinions hold that a child becomes a living being at conception (which would make any abortion a form of murder); more common opinions believe fetuses become living beings when they begin to move (usually at the end of the first trimester, which is what current law and practice use); some religious beliefs go so far as to hold that a child is not a living being until it draws its first breath (which is the standard that most US courts use to distinguish between the crime of late-term abortion and the much more serious crime of infanticide, in cases where newborns are found dead).
Who was president when roe v wade was passed?
The President in office at the time the US Supreme Court made abortion legal in Roe v. Wade, (1973), was Richard Nixon. President Nixon had nothing to do with the decision, so it's unreasonable to suggest that he "made abortion legal." There was nothing he could do to prevent the decision.
Nixon was in office from 1968 until his resignation in 1974.
Who are the people involved in Roe vsWade?
Norma McCorvey was "Jane Roe" and Dallas County District Attorney Henry Wade was "Wade" prosecuting for the State of Texas.
Who was involved in the roe v wade case?
It was ostensibly against Henry Wade, District Attorney of Rockwell County, Texas, who was legally obliged to support the local laws that prohibited abortion. Jane Doe was found by supporters of abortion. She (real name Norma McCorvey, who is now pro-life) got pregnant in 1969 and was given some bad advice - she told people she was raped, hoping to obtain a legal abortion. Attorneys Linda Coffee and Sarah Weddington ended up taking her case and they brought it all the way to the Supreme Court where it was heard in October 1972. In January of 1973, abortion became legal in the United States.
Were you looking for more people than that?
To fully understand what happened with Roe v Wade, you also need to look at Doe v Bolton (same year) and Giswold v Connecticut (1965). There are other important ones, but those are the big supporting pieces of law.
What president signed into law roe v wade?
Roe v. Wade was not signed into law by any president; rather, it was a landmark Supreme Court decision issued on January 22, 1973. The ruling established a woman's legal right to have an abortion under the constitutional right to privacy. While President Richard Nixon was in office at the time, the decision was made by the Court, not through legislative action.
What court case modified roe v wade?
Doe v Bolton. It allowed abortion for the life or health of the mother. Health was defined so vaguely that abortion is legal up until birth in all 50 US states if a doctor approves it and claims the reason is health-related.
Roe v. Wade was not located in a specific physical location. It refers to a landmark Supreme Court case that was decided on January 22, 1973. The case took place at the United States Supreme Court in Washington, D.C.
Who wrote the Supreme Court majority opinion in Roe v Wade?
Justice Harry Blackmun wrote the opinion of the Court; Chief Justice Warren Burger and Justices Potter Stewart and William O. Douglas wrote concurring opinions; Justices Byron White and William H. Rehnquist wrote dissenting opinions.
Case Citation:
Roe v. Wade, 410 US 113 (1973)
