Abortion : A Common Law Crime Essay

704 Words Mar 1st, 2015 3 Pages
In 1973 one of the most historic, controversial, and strange cases was being heard in the Supreme Court about the extremely sensitive issue known as abortion. In this case Norma L McCovey, also known as Jane Roe, was suing the state of Texas for not allowing her to have an abortion on her unwanted child. At the time abortion was considered a common law crime, and unfortunately many women, being forced to extremes, were attempting to have illegal abortions known as, “Clothes hanger abortions” that were extremely dangerous to perform. At the end of the case, the court ruled in a 7-2 vote that Roe was entitled to an abortion and that the state of Texas and any other state outlawing abortions must change their rules. The court defended their ruling by siting the 14th amendment of the constitution and stating “That a right to privacy under the due process clause extended to a woman 's decision to have an abortion.(1)” The courts also felt that this right had to be balanced by the states right to protect the life of the unborn baby, the longer the pregnancy has lasted the stronger states’ rights will become. A test was created by the court system in order to determine whether the woman’s right to an abortion were stronger than the states right to protect the life of the unborn baby. They said that in the first trimester it was the woman’s right to choose what she wanted. In the second semester it depended on the situation such as if it were rape or if the pregnancy would put…

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