Roe v. Wade was the Supreme Court decision that granted the right to a legal abortion in the United States. Prior to 1973, procuring or attempting an abortion was a criminal offense under many state statutes, except when medically advised for the purpose of saving the life of the mother. This prohibited women who wanted to obtain an abortion from legally getting one. Roe v. Wade was filed in Texas in March 1970 on behalf of the plaintiff Jane Roe, a single and pregnant woman without the means or funds to access an abortion.
According to the common law tradition, abortion before quickening was not a crime, and it is doubtful that abortion was ever an established common law crime. By the 1950s, almost every state banned all abortions except …show more content…
The appellant filed a lawsuit against Henry Wade, the Dallas Country District Attorney of the time, claiming that the statutes were unconstitutionally vague and abridged her right of personal privacy. Wade appealed to the U.S. Supreme Court, which decided that the Texas statute violated Roe’s constitutional right to privacy (Napikoski). Although the Constitution does not explicitly list a right to privacy, the Supreme Court used the living document interpretation of the Constitution when making its decision. In the past, cases ruling that marriage, contraception, and child rearing activities were within the “zone of privacy”. In fact, the First, Fourth, Fifth, Ninth, and Fourteen Amendments protect the right to personal privacy and a person’s “zone of privacy”. Since the decision to get an abortion involves economic, psychological and physical stresses, restricting a women’s means to an abortion is an invasion of privacy. Thus, Roe argued on behalf of herself and all other women that the law banning her from having an abortion violated her right to privacy. This right should be protected by the Due Process Clause of the Fourteenth Amendment and by the combination of the Bill of Rights (Roe v. Wade (1973) - Bill of Rights …show more content…
If a fetus is able to survive on its own, it should be treated like a human being, and should be given a fair opportunity to live. Performing an abortion during the third trimester unjustly takes the life of a defenseless human being. I agree with pro-life advocates that the dignity of a viable fetus’ life should be respected because a premature-born baby can survive on its own during the third trimester. Therefore, the restriction on abortions during the third trimester of a pregnancy, which is part of the Roe v. Wade decision, is completely justifiable. However, I do not agree with restrictions on abortions prior to the fetus being able to exist on its
According to the common law tradition, abortion before quickening was not a crime, and it is doubtful that abortion was ever an established common law crime. By the 1950s, almost every state banned all abortions except …show more content…
The appellant filed a lawsuit against Henry Wade, the Dallas Country District Attorney of the time, claiming that the statutes were unconstitutionally vague and abridged her right of personal privacy. Wade appealed to the U.S. Supreme Court, which decided that the Texas statute violated Roe’s constitutional right to privacy (Napikoski). Although the Constitution does not explicitly list a right to privacy, the Supreme Court used the living document interpretation of the Constitution when making its decision. In the past, cases ruling that marriage, contraception, and child rearing activities were within the “zone of privacy”. In fact, the First, Fourth, Fifth, Ninth, and Fourteen Amendments protect the right to personal privacy and a person’s “zone of privacy”. Since the decision to get an abortion involves economic, psychological and physical stresses, restricting a women’s means to an abortion is an invasion of privacy. Thus, Roe argued on behalf of herself and all other women that the law banning her from having an abortion violated her right to privacy. This right should be protected by the Due Process Clause of the Fourteenth Amendment and by the combination of the Bill of Rights (Roe v. Wade (1973) - Bill of Rights …show more content…
If a fetus is able to survive on its own, it should be treated like a human being, and should be given a fair opportunity to live. Performing an abortion during the third trimester unjustly takes the life of a defenseless human being. I agree with pro-life advocates that the dignity of a viable fetus’ life should be respected because a premature-born baby can survive on its own during the third trimester. Therefore, the restriction on abortions during the third trimester of a pregnancy, which is part of the Roe v. Wade decision, is completely justifiable. However, I do not agree with restrictions on abortions prior to the fetus being able to exist on its