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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
Could the Congress under Bush have overturned Roe v Wade?
Yes, the Supreme Court has the authority to overturn its own decisions (although it would have to be as the result of a different case, not Roe, specifically).
Bear in mind that Roe v. Wade was not just about declaring abortion legal, but also about the right to privacy and the right for medical decisions to remain between patient and doctor, which the Supreme Court extrapolated from the Due Process Clause of the Fourteen Amendment.
Roe v. Wade also stands on the merits of other Supreme Court decisions, most notably Planned Parenthood v. Casey, from which sprang the "Casey standard," a doctrine supporting the rights of the mother over the right of the state to protect a fetus prior to viability (being able to live outside the womb). Although Casey essentially supported abortion rights, it scaled back the age of viability from 24 to 22 weeks, creating a narrower window for legal abortion.
On the other hand, Chief Justice William H. Rehnquist and Associate Justice Byron White wrote a compelling dissent to the 7-2 ruling, indicating there may be other valid interpretations of rights and protections granted by the Constitution.
The Supreme Court has reversed earlier opinions in past cases, so it's possible Roe v. Wade could be overturned at some point. Most Constitutional scholars find this outcome unlikely, however.
Who did the Supreme Court rule in Roe vs Wade?
They decided that (1) the Constitution does not forbid abortion or define "person" to include a fetus; and (2) the sperm donor who got a woman pregnant does not have a right to override her decision about her own body.
What was the point of law that brought Roe vs Wade before the Supreme Court?
- Norma McCorvey (Roe) became pregnant and wanted an abortion, prohibited by Texas law. Her attorneys alleged that the abortion law in Texas violated her Constitutional rights and the rights of other women. The defendant was the district attorney of Dallas County, Texas, Henry B. Wade.
As it was a Constitutional case claiming state law violated the Constitution, the Supreme Court decided to hear it.
- Because Jane Roe felt that her rights as a woman were being restricted. She felt that a woman should have the right to the health and care of her own Reproductive System.
Why was the decision Roe vs Wade important feminsts?
It means the government has no right to interfere with the personal health decisions a woman make about her body during the first trimester. It says the government must respect a woman's constitutional right to privacy.
Which civil right issue was involved in the roe vs wade?
The right for women to have access to legal abortions.
If there are counterclaims, then pro se plaintiff needs to file his own answer. You also want to consider any afformative defenses asserted by the defendant and their merit.
How did the court rule in roe v wade?
Abortion was made legal in the US until the point of viability which is about 21-23 weeks.
and fewer women die now in the US of illegal abortions than before Roe v. Wade.
However the anti-abortion people have since rallied and passed many laws making abortion difficult to access and many counties do not have abortion providers and for many women, abortion is not a choice b/c they can't afford it or can't get it.
What year did the US Supreme Court decide Roe v Wade?
The Supreme Court decided the case on January 22,1973.
Roe v. Wade, 410 U.S. 113 (1973) was a landmark United States Supreme Court case establishing that most laws against abortion violate a constitutional right to privacy, overturning all state laws outlawing or restricting abortion. It is one of the most controversial decisions in U.S. Supreme Court history.
Argued December 13, 1971
Reargued October 11, 1972
Decided January 22, 1973
The sitting Court for Roe v. Wade, (1973):
Chief Justice
Warren Burger................1969 - 1986..........Nixon (R)
Associate Justices
William O. Douglas..........1939 - 1975..........Roosevelt (D)
William J. Brennan, Jr......1956 - 1990..........Eisenhower (R)
Potter Stewart................1958 - 1981..........Eisenhower (R)
Byron White...................1962 - 1993..........Kennedy (D)
Thurgood Marshall...........1967 - 1991..........Johnson (D)
Harry Blackmun..............1970 - 1994..........Nixon (R)
Lewis F. Powell, Jr............1972 - 1987..........Nixon (R)
William H. Rehnquist........1972 - 2005..........Nixon (R)
What was the US Supreme Court case Roe v. Wade about?
Roe v. Wade, (1973), was a landmark United States Supreme Court case establishing that most laws against abortion violate a constitutional right to privacy, overturning all state laws outlawing or restricting abortion. It is one of the most controversial decisions in U.S. Supreme Court history.
The decision in Roe v. Wade prompted a decades-long national debate over whether terminating pregnancies should be legal (or more precisely, whether a state can deem the act illegal if it chooses to do so); the role of the Supreme Court in constitutional adjudication; and the role of religious views in the political sphere. Roe v. Wade became one of the most politically significant Supreme Court decisions in history, reshaping national politics, dividing the nation into "pro-choice" and "pro-life" camps, and inspiring grassroots activism.
Opposition to Roe comes primarily from those who viewed the Court's decision as illegitimate for straying too far from the text and history of the Constitution, and those possessing beliefs about the personhood of fetal human life.
Support for Roe comes from those who view the decision as necessary to preserve women's equality and personal freedom, and those who believe in the privacy of individual over collective rights, although the opposition to Roe often reference the privacy of the individual when referring to the unborn child. Also law enforcement and health care professionals supported legalizing abortions because before Roe v. Wade, illegal abortions were the number one cause of preventable deaths for women of childbearing age. Workers were tired of scraping dead teenagers off back alleys who tried to get abortions from irreputable sources, and health care workers saw countless women die trying to get what could be a safe and legal procedure.
Answer
Roe (the legal pseudonym used by a pregnant single woman) was a single woman who wanted to get an abortion in the state of Texas in 1971, but couldn't because the procedure was illegal.
Roe v. Wade centrally held that a mother may abort her pregnancy for any reason, up until the "point at which the fetus becomes 'viable.'" The Court defined "viable" as being "potentially able to live outside the mother's womb, albeit with artificial aid. Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."
The age of viability is currently 24 weeks, approximately six months.
Answer
Any discussion of Roe v. Wade requires mentioning Justice Sandra Day O'Connor's plurality/majority opinion from Casey v. Planned Parenthood, 505 U.S. 833, 112 S.Ct. 2791 U.S.Pa., 1992. This may come as a surprise to most, but Roe v. Wade does not reflect the current state of the law regarding abortion. What someone else may tell you notwithstanding, Roe is little more than an easily remembered symbol. Of the many abortion cases the US Supreme Court has decided since Roe, some have significantly altered the legal relevance of Roe. Of those cases, Casey had the greatest affect. Casey actually modified Roe in the following ways:
The idea that the right elucidated in Roe emanated from the Constitution was affirmed, but not enthusiastically. Instead, Justice O'Connor stated that the judicial doctrine of stare decisis required reaffirmation of Roe's essential holding; that a woman's right to choose an abortion before the fetus becomes viable overrides the state's opposing interest in protecting a potential life. While this may sound obvious, as it is an accurate and concise restatement of Roe, it led to increased tension among those who follow Roe. For the first time the high court explicitly voiced the idea that Roeturned on the balancing of competing interests. In so doing, the court explicitly recognized that the state had a reasonable and legitimate interest in protecting a potential life.
The bright line trimester approach of Roe was rejected due to the fact that the state of medical science is not static. [Casey reduced the legal age of viability from 24 to 22 weeks.] In its place, Justice O'Connor specified that if the state regulation did not impose an "undue burden" on a woman's right to choose an abortion, the law would not be struck down. In other words, before a state law regulating an abortion procedure would be struck down as unconstitutional, it would have to impose a substantial obstacle to the woman's effective right to elect the procedure.
Since Casey, the US Supreme Court weakened Roeeven further when it refused to find the 2003 ban on so called "partial-birth abortion" unconstitutional. Gonzales v Carhart, 550 U.S. 124, 127 S.Ct 1610 U.S., 2007. Before Gonzales, it was generally accepted that any regulation that prohibits an abortion procedure after the fetus has become viable will be deemed unconstitutional unless it contains an exception to protect the life or the health of the mother. By refusing to find the 2003 ban on "partial-birth abortion" unconstitutional, the majority in Gonzales rejected the necessity of requiring any post viability prohibition of an abortion procedure contain an exception for the life or the health of the mother.
Case Citation:
Roe v. Wade, 410 U.S. 113 (1973)
For more information, see Related Questions, below. am i wrong or nah
Roe v. Wade was a court case defending a woman's rights to abortion.
How did roe v wade impact the us?
Roe v. Wade was decided simultaneously with companion case Doe v. Boton, the Court ruled that a right to privacy under the due process clause in the 14th Amendment extends to a woman's decision to have an abortion, but that right must be balanced against the state's two legitimate interests for regulating abortions: protecting prenatal life and protecting the woman's health. Saying that these state interests become stronger over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the woman's current trimester of pregnancy.
How many abortions worldwide since Roe vs Wade?
Abortion statistics are never specific, as the procedure is protected under the right to privacy laws.
However, it has been estimated that 3,000 are done daily. If you multiply that by the number of years that aborion has been legal, you get a large number. If you're curious, I guess you could multiply 3,000 x (years abortions has been legal) x 365 (to show the daysin those years) + 3,000 x a few days (for Leap Days).
If you're not satisfied with this answer (I'm not), check this out. The Alan Gutmacher Institute, a leading proponent of abortion on demand, claims that there have been more than 50 million abortions in the U.S. since Roe Vs. Wade.
What started the Roe v Wade case?
Jane Roe, whose real name is Norma McCorvey, had three children. The first, by her husband Woody McCorvey, was allegedly kidnapped, then later adopted, by Norma's mother when Norma confessed her sexual orientation was either bi- or lesbian.
She got pregnant with a second child sometime in 1965. The child was adopted by the baby's father under the condition that McCorvey never attempt contact.
The Roe baby at the center of the abortion case was conceived in 1969.
McCorvey, who was homeless and living on the street during her pregnancy, wanted to get an abortion, but was prevented from doing so by Texas law. She gave birth to the Roe baby in June 1970, and gave her up for private adoption.
McCorvey claims she lent her name to the case because her circumstances fit a profile the pro-choice lawyers felt was compelling. She claims they approached her about challenging the Texas anti-abortion laws; she didn't contact them. McCorvey said she really had nothing to do with the case: never testified, never appeared in court, and only learned of the Supreme Court ruling sometime after-the-fact.
McCorvey's situation was used to create a pro-choice test case because she had inquired about an abortion and was prevented by law from receiving one. She has since become a staunch pro-life advocate.
Slightly Different Version
ROE v. WADE all started in 1969 when a young girl, Norma L. McCorvey, discovered she was pregnant then realized that she was in desperate need of an abortion. The state of Texas says that, "abortion is allowed and performed in the cases of rape and incest"; anti-abortion state.
That being her only problem her friends suggested that she claim the pregnancy to be from a product of rape. However, this plan failed; there was no police report on record documenting the alleged rape. McCorvey attempted to obtain an illegal abortion, but found the unauthorized site closed down by the police.
Later on she then was referred to attorneys Linda Coffee and Sarah Weddington. The next year, attorneys Linda Coffee and Sarah Weddington filed a law suit in a U.S. District Court in Texas on behalf of Norma L. McCorvey.
During this time, McCorvey was no longer claiming her pregnancy was the result of rape and then stated she had lied earlier about being raped. The defendant in the case was Dallas County District Attorney Henry Wade, representing the State of Texas vs. Norma McCorvey.
The US District Court ruled in McCorvey's favor on the merits, but declined to grant an injunction against the enforcement of the laws barring abortion. The District Court based their decision off a previous case, Griswold v. Connecticut, regarding a right to use contraceptives.
The case was subsequently appealed and eventually reached the US Supreme Court.
Which did the Supreme Court uphold in the case of Roe v. Wade?
In the case of Roe verses Wade, the Supreme Court ruled that all women have the right to get an abortion during the first trimester of a pregnancy. This was later changed to until the middle of the second trimester of pregnancy or anytime if the womanâ??s life is danger.
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.
Case Citation:
Roe v. Wade, 410 US 113 (1973)
What was one of the arguments opponents of the amendment made?
What was the Supreme Court's ruling in the Roe v. Wade case of 1973?
What is the importance of roe v wade?
- The Supreme Court's decision established that most laws against abortion violate a constitutional right to privacy, and overturned all state laws outlawing or unduly restricting abortion. It is one of the most controversial decisions in US Supreme Court history.
- It returned the right to make medical decisions to the doctor and patient. States could not limit the right to abortion during the first trimester that was to be left to the "medical judgment of the pregnant woman's attending physician."
- Roe vs. Wade clearly ruled that the states do not have jurisdiction over the bodily functions of a US citizen, additionally it established that a fetus does NOT have legal status as a citizen and thus a 'Right to Life'. In short it legalized abortion, in the more complex sense it established that the state cannot restrict access to medical procedures based solely on the perceived morality of the procedure and nullified the argument that a fetus is also a US citizen and entitled to legal protection under law.
- This is highly significant in that the steps required to overturn Roe vs. Wade would require establishing that a fetus is legally defined as a human life and thus entitled to equal protection under US statute and thus has a 'Right to Life'.
- In terms of the long term consequences it's debatable, the original answer pointed out that there are quite a large number of persons that were not born as a result of the law, however if you look at the work of noted Socio-economist Steven Levitt, Row vs. Wade resulted in a highly significant lower crime rate. This is a result of the fact that many of the unborn children of Roe vs. Wade would have been born to women who could not properly care for them.
- As is generally accepted, neglected, abused, and unwanted children frequently grow up troubled and commit crimes, those children were not born thus they could not commit crimes. This resulted in a curious 'flat line' in crime rates in major cities and urban low income areas ( IE slums and projects) in the early 1990s when a whole new generation of poor urban children would have come of age to engage in self destructive and criminal behavior (age 16 to 17) and did not (as they had been aborted).
- Politically this lack of crime was highly significant in New York city where then Mayor Rudy Giuliani was able to take credit for a dramatic drop in crime rate that really, he had absolutely nothing to do with. This solidified his hold on the political process in New York for the next 10 or so years.
- The significance of Roe vs Wade was that since the decision, which supported a woman's right to choose abortion, was that the abortion process was being legally supported based on the Constitutional "right to privacy."
- It ruled that in the United States a fetus's life is not protected for at least the first three months.
- Consequently, approximately 48 million people were legally aborted since 1973. Given some would have died by now many others would have had children, easily 70 million people are not here today. As a reference the US population is close to 300 million people.
- Another important aspect is that it also gives a father no say in whether his child lives or dies giving that decision to the mother.
How can Roe v. Wade be reversed?
There are three ways Roe v. Wade, (1973) can be overturned:
- Since Roe vs. Wade was a Supreme Court decision, the Supreme Court can effectively overturn the decision by ruling against abortion in a future case.
- Congress can pass legislation protecting the fetus from the moment of conception (There are usually several bills addressing this issue in committee during each Congressional term. The 111th Congress (current) includes three House Resolutions and one Senate bill.).
- Congress and the states can amend the Constitution to include the definition of "person" to include the unborn (this is the least likely scenario).
What was the Supreme Court's ruling in the Roe v Wade case of 1973?
The right to an abortion was protected by a constitutional right to privacy.
Is roe v wade an example of judicial review?
Yes, Roe v. Wade is an example of judicial review, as it involved the Supreme Court assessing the constitutionality of state laws regarding abortion. In this landmark 1973 decision, the Court ruled that a woman's right to privacy, under the Due Process Clause of the 14th Amendment, extended to her decision to have an abortion. This case exemplifies how the judiciary can invalidate laws that it finds inconsistent with the Constitution.
What did the Supreme Court decide in the case Roe v Wade-?
The court assured the right to a legal abortion.
What was the vote of the roe v wade case?
The supreme court decision in the case Roe v. Wade was 7 votes for Roe, and 2 votes against Roe. ....... legal provision: Due process.
the judges in the case were ( by last name ):
Burger ( wrote a regular conurence..... voted for women to have a right to abbortion.)
Douglas ( wrote a regular concurence)
Brennan ( voted with the majority)
Stewart ( wrote a regular concurence)
White ( wrote a dissent ... voted that we should not have the right to abbortion.)
Marshall ( voted with the majority)
Blackmun ( wrote the majority opinion)
Powell ( voted with the majority)
Rehnquist ( wrote a dissent.)
