research paper

Roe Vs. Wade, a Life Changing Decision
The case of Roe Vs. Wade legalized abortion in the United States in 1973. This was the first time women in the U.S had the right to choose between pregnancy and abortion. Roe. Vs. Wade has become one of the most controversial supreme court rulings in American History. Many rejoiced after the court case while others were severely against the court’s decision, saying abortion is murder. Passionate views on the subject are still very alive, Including protests on the anniversaries of the court’s decision. Access to a safe and clean abortion, then and now, is far more than a legal issue. Social, religious and family values, as well as finances and politics, still play a large role in the issue of abortion.
Public outrage for safe clean abortions performed by licensed doctors began in the 1960’s. The movement to decriminalize abortion was one of the fastest growing movements in American history. Women fought and protested for the right to choose. In 1967, Colorado became the first state to decriminalize abortion and was quickly followed by Hawaii, New York and California. This sent uproar through the legal system and statewide action needed to be taken.
In 1970, a pregnant women, Norma L. McCorvey aka” Jane Roe”, argued against Texas legislation regarding abortion. She brought forth a class action suit that challenged the constitutionality of the Texas criminal abortion laws. Her attorneys Linda Coffee and Sarah Weddington helped Roe file suit against in a U.S District Court in Texas, claiming her pregnancy was a result of rape. The defendant in the case was Dallas County district attorney Henry Wade who was representing the state of Texas. “Roe alleged that she was unmarried and pregnant; that she wished to terminate her pregnancy by an abortion ‘performed by a competent, licensed physician, under safe, clinical conditions’; that she was unable to get a ‘legal’ abortion in Texas because her life did not appear to be threatened by the continuation of her pregnancy; and that she could not afford to travel to another jurisdiction in order to secure a legal abortion under safe conditions. She claimed that the Texas statutes were unconstitutionally vague and that they abridged her right of personal privacy, protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.” (Unknown).
The District court ruled in Roe’s favor based on merits, but denied to grant an injunction against the laws banning abortion. The District court claimed their decision was based upon the Ninth Amendment and also referred back to a Supreme Court case ruling in 1965, Griswold Vs. Connecticut which was regarding the use of contraceptives. Although few states provided contraceptives to women after the Griswold case in 1965, abortion was widely proscribed by state laws in the early 1970’s.
Roe Vs. Wade ultimately reached the Supreme Court on appeal. The court issued its final decision on January 22, 1973 with a 7 to 2 majority vote to strike down Texas abortion laws. The court deemed abortion a fundamental right under the United States Constitution. This subjected all laws attempting to restrict abortion under the standards of strict scrutiny, in other words, any law trying to prevent abortion were now illegal.
Women were now allowed to receive safe legal abortions. Harry Blackmun wrote the Roe court’s opinion, stating women had “the right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, 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." (Unknown)
Although this was a life changing decision for many women, it has not been fully accepted and there are many who are trying to make it so abortion is illegal.
Works Cited
Unknown. "U.S Supreme Court Roe. Vs. Wade 410 U.S. 113 (1973)." Findlaw.com. 2008. Thomson Reuters business. 25 Nov. 2008 .