final research paper
docx
keyboard_arrow_up
School
Polk State College *
*We aren’t endorsed by this school
Course
1020
Subject
History
Date
Feb 20, 2024
Type
docx
Pages
8
Uploaded by AgentMagpie2780
1
U.S. History 1877 to Present
By:
Diamond Sloan
Date
December 2023
2
The history of Roe. Wade
Let's dive into the history of Roe v. Wade. Roe v. Wade, a landmark Supreme Court decision, is a crucial ruling that recognizes a woman's constitutional right to make decisions regarding her own reproductive health, protects individual autonomy, and plays a pivotal role in shaping the ongoing discourse surrounding women's rights and reproductive freedom in America. This landmark Supreme Court case, decided in 1973, significantly impacted reproductive rights in the United States. The case centered around a woman named Jane Roe, a pseudonym for Norma McCorvey, who challenged the constitutionality of a Texas law that criminalized abortion unless it was for saving the life of the mother. The Court's ruling in Roe v. Wade determined a woman's constitutional right to access abortion based on the right to privacy. It sparked intense debates and continues to be a topic of discussion and controversy to this day. Shall we explore this historic case more?
What is roe v. wade?
Roe v. Wade is a Supreme Court case related to the Constitution's amendments. Specifically, it pertains to the Fourteenth Amendment's Due Process Clause, which protects a person's right to privacy. In the case, the Court recognized that a woman's decision to have an abortion falls within this right to privacy. This landmark ruling has had a lasting impact on reproductive rights and continues to shape the ongoing conversation surrounding women's autonomy and constitutional protections.
What happened in roe v. wade
Here's a brief overview of the order of events in Roe v. Wade. The ruling for Roe v. Wade took quite some time to decide. It was argued before the Supreme Court on December 13, 1971, and the final decision was issued on January 22, 1973. So, it took a little over a year for the
3
Court to reach a decision. In 1970, Norma McCorvey, using the pseudonym Jane Roe (fake name), filed a lawsuit against Henry Wade, the district attorney of Dallas County, Texas. McCorvey challenged the constitutionality of the Texas law that criminalized abortion, except to save the life of the mother. The case made its way to up the Supreme Court, and on January 22, 1973, the Court issued its landmark ruling. In a 7-2 decision, the Court held that a woman has a constitutional right to choose to have an abortion based on the right to privacy. The ruling established a framework for evaluating state laws on abortion and set guidelines for the trimester system. This decision had a profound impact on reproductive rights and ignited ongoing debates about the balance between a woman's right to choose and the government's interest in regulating abortion.
Why is this case still relevant today?
Roe v. Wade remains a vital case today because it established a constitutional right to abortion in the United States. The decision recognized that a woman's right to privacy includes the right to make decisions about her reproductive health. This landmark ruling has had a significant impact on women's access to safe and legal abortion services. It continues to shape the ongoing debate surrounding reproductive rights. The case has been a focal point of political and legal discussions, with various challenges and attempts to restrict or overturn the ruling. Advocates for reproductive rights argue that preserving the principles of Roe v. Wade is crucial to safeguarding women's autonomy and ensuring access to comprehensive reproductive healthcare. The case also has broader implications beyond abortion rights. It has influenced the development of constitutional privacy rights and the interpretation of individual liberties. The principles established in Roe v. Wade have been cited in subsequent Supreme Court decisions on
issues such as contraception, same-sex marriage, and the right to refuse medical treatment.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
4
Why are people against Roe v. Wade?
Some people are against Roe v. Wade for various reasons. One argument is based on the
belief that life begins at conception, and therefore, abortion can be seen as morally wrong and equivalent to taking a human life. Those who hold this viewpoint believe that the unborn fetus has inherent rights that should be protected. They argue that Roe v. Wade disregards the rights of
the unborn and undermines the value of human life. Another argument against the case is the concern that it gives too much power to the federal government and the judiciary rather than leaving the decision on abortion regulations to individual states. Critics argue that the ruling infringes upon states' rights and hampers their ability to create laws that align with their constituents' values. Additionally, some opponents of Roe v. Wade express concerns about potential negative societal consequences, such as the devaluation of family and the erosion of traditional values. It's important to note that these arguments represent the perspectives of those who are against the case, and the debate surrounding Roe v. Wade continues to be complex and multifaceted.
Why do people support Roe v. Wade?
People also support Roe v. Wade for several reasons. One key argument is that it recognizes and upholds a woman's right to make decisions about her own body and reproductive health. Supporters believe that women should have the autonomy to choose whether to continue or terminate a pregnancy, without interference from the government. They argue that restricting access to safe and legal abortion services can lead to harmful consequences, such as unsafe procedures and the infringement upon women's rights. Additionally, supporters of Roe v. Wade emphasize the importance of ensuring equal access to reproductive healthcare for all individuals, regardless of their socioeconomic status. They believe that reproductive rights are essential for
5
gender equality and the overall well-being of women. It's worth noting that these perspectives represent the viewpoints of those who support Roe v. Wade, and the ongoing support for the case
reflects a commitment to protecting women's rights and reproductive freedom.
In conclusion, Roe v. Wade is important to America because it established a constitutional right to abortion, recognizing a woman's autonomy over her own body and reproductive choices. This landmark case has had a significant impact on women's access to safe and legal abortion services. It has also shaped the ongoing conversation about reproductive rights, individual liberties, and the interpretation of privacy rights. Preserving the principles of Roe v. Wade is crucial for safeguarding women's rights, promoting gender equality, and ensuring
comprehensive reproductive healthcare. The case continues to be a significant part of America's legal and social landscape, reflecting the ongoing struggle for reproductive freedom and the protection of individual rights.
6
Biblography
Primary Sources
Roe v. Wade Case Summary: What You Need to Know
By Laura Temme, Esq. | Legally reviewed by Ally Marshall, Esq. | Last reviewed March 17,2023
Roe v. Wade is a 1973 lawsuit that led to the Supreme Court making a ruling on abortion rights. Jane Roe (false name) was an unmarried pregnant woman who decided to file a suit for herself and others to challenge Texas abortion laws. Shortly after, a Texan doctor joined Roe's lawsuit.
Doing so, the doctor argued that the state's abortion laws were too vague for doctors to follow. He was previously detained for violating the statute. While abortion
was illegal in Texas, the procedure could be done only to save the mother's life, and it
was a crime to get an abortion or to attempt one. In Roe v. Wade, the Supreme Court decided two important things: The United States Constitution provides a fundamental "right to privacy" that protects a person's right to choose whether to have an abortion. However, abortion rights are not absolute and must be balanced against the government's interests in protecting health and prenatal life. Britannica, The Editors of Encyclopedia. "abortion".
Encyclopedia Britannica, 23 Oct. 2023,
https://www.britannica.com/science/abortion-pregnancy
. Accessed 23 October 2023.
Abortion is the expulsion of a fetus from the uterus before it has reached the stage of
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
7
viability (usually about the 20th week of gestation). An abortion may occur spontaneously, in which case it is also called a miscarriage, or it may be brought on purposefully, in which case it is often called an induced abortion.
Britannica, T. Information Architects of Encyclopaedia. "Roe v. Wade." Encyclopedia Britannica, December 5, 2023. https://www.britannica.com/facts/Roe-
v-Wade
.
Secondary Sources
Ziegler Mary. Abortion and the Law in America: Roe V. Wade to the Present. Cambridge University Press 2020.
Mary Ziegler shows both opposing sides which battled about the policy costs and benefits of abortion and laws restricting it. This mostly unknown turn deepened polarization in ways many have missed. Never abandoning their constitutional demands, pro-choice and pro-life advocates increasingly disagreed about the basic facts.
Hull N. E. H and Peter Charles Hoffer. 2021. Roe V. Wade:
The Abortion Rights Controversy in American History Third updated ed. Lawrence Kansas: University Press of Kansas. Few Supreme Court decisions have stirred up as much political controv
ersy, vitriolic debate, and even violence as the one delivered in Roe v. Wade in 1973. Almost five decades later, it continues to be considered a touchstone for the wars of culture in
8
the nation and a pivot upon which much of our politics turns. N.E.H. Hull and Peter Charles Hoffer have taken stock of the abortion debates, controversies, and cases that have been brought up in recent years to update.
Feng, Shi Nan. "Single- Versus Multi-Payer Universal Healthcare: A Comparative Analysis." (2023). https://doi.org/10.17615/na9w-p963
.
Roe v. Wade | Summary, Origins, & Influence - GKSchools. https://gkschools.com/info/Roe_vs_Wade