Norma Mccorvey's Abortion Case Study

Improved Essays
This United States’ irrepressible emphasis on freedom constitutes for its attractiveness to immigrants from countless countries desperately seeking for a glimpse of the American Dream. Thomas Jefferson clearly stated in the Declaration of Independence that everyone is granted the right to the pursuit of happiness. However this was not always the case, as evidence to the decision debilitating laws that preceded the Roe v. Wade ruling, which granted Jane Roe the choice to have an abortion, mothers were stripped of their right to the pursuit of happiness. If a woman becomes pregnant and she feels as if having the child would be devastating to her or she wouldn’t be able to provide for the child, then she should have the choice of abortion. In …show more content…
She had decided she was in no position to take care of another child and wanted to have an abortion done. Texas state laws at the time stated: a woman could receive an abortion only if incest occurred, was raped, or if it was medically imposed. Norma said she had been raped but they overlooked the rape because she never filed a police report. Norma didn’t fit the criteria for getting an abortion so she uses the name Jane Roe to file a case against the state of Texas.
The main issue within this case is if Texas state laws go against the right to privacy as protected by the fourteenth amendment in regards to the right of a woman to obtain an abortion. Granting a woman the rights to obtain an abortion is important to our freedom. The fourteenth amendment protects our privacy and this is a private issue. The abortion law disregarded the needs of the mother.
The court held that the woman’s right to an abortion fell under the right to privacy, which is protected by the fourteenth amendment. Justices Warren Burger, William Orville Douglas, Potter Stewart concurred with the majority. Justices William H. Rehnquist and Byron White dissented. This landmark decision gave women a choice. Women can decide if they are ready to be mothers and if they will be good mothers to this child. They get to decide if they are ready and willing to take responsibility of another child before it has been

Related Documents

  • Superior Essays

    Roe Vs Wade Research Paper

    • 1275 Words
    • 6 Pages

    Roe v. Wade was the Supreme Court case that led to the legalization of abortion in the United States. By the time Roe v. Wade was introduced, abortion had seemed to be a settled social issue in America. However, by the 1960’s, political factions and campaigns were rising up and stirring the waters of reproductive rights. Abortion had changed during the courses of the Nineteenth and Twentieth Centuries, becoming a private practice of the people to a great political divide. Abortion was actually easily accessible during the Twentieth Century, but the ride of religious fundamentalism compelled citizens to become involved in either the protection of the fetus or the defense of reproductive rights.…

    • 1275 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    In the Supreme Court the ruling was overturned. Justice Blackmun who had medical background wrote the Court opinion. Blackmun wrote that the Constitution imagines the “right of privacy” that was “broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.” His opinion was the complete opposite…

    • 202 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    This gave women the right to choose to have an abortion without state laws to stop her. The Supreme Court took away the rights of individual states to stop abortion. As one, the whole country accepted abortion as a woman’s right to her own privacy.…

    • 1198 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    They then continued with asking that the state forbid the district attorney from prosecuting any other women under the same law (Roe vs. Wade, 2011). After the review of the case and to the surprise of many, the judge panel ruled to the favor of McCorvey. Their analysis on the case stated that the law did violate her constitutional rights to privacy. Following the case, the court ruled that the ninth and fourteenth Amendment of the Constitution guaranteed privacy rights that were large enough to protect a women 's rights to having an abortion. Although the first request was granted the second was not as easy.…

    • 718 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Casey, the Supreme Court’s decision was that the woman’s decision to have an abortion was not a liberty that was protected by the constitution as the appellant claimed. The reasons given for it not being a liberty were the facts that the constitution does not mention it and the traditions of the Americans who for a long time had permitted the practice to be legally proscribed. The Supreme Court was held by the decision it had made previously in the case of Roe vs. Wade since altering the decision, in this case, would prove an error in the eyes of the public as far as the court was concerned. The overall opinion of the court was that the issue was unconstitutional and enforced the decision fully (PLANNED PARENTHOOD OF SOUTHEASTERN PA. v. CASEY, 1992)…

    • 528 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Prior to this case, it was looked down upon for people to be supporting abortions. However, after this case interpreted the Constitution to respect the privacy of people, and for the privacy to include abortions, many more people began to be supportive of supporting them. This demonstrates how judicial review has allowed the constitution to be and continue to be relevant through numerous…

    • 724 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Roe Vs Wade Research Paper

    • 1264 Words
    • 6 Pages

    This was a monumental case that went onto the Supreme Court and is still referenced today in Abortion politics. In this case they argued that the first, fifth, ninth, and fourteenth amendments were being violated. “They established their case on constitutional calculus based on the Trimesters of a pregnancy. ”(Tompkins 103) After the decision was made in this case Planned Parenthood generated from Roe vs Wade.…

    • 1264 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    Warren Court Influence

    • 1351 Words
    • 6 Pages

    Though this case could seem small to many, it lead to one of the leading most controversies within the United States of America, the right for a woman to have an abortion. The case of Griswold v. Connecticut declared the right to privacy which led to the Court to lay “the groundwork for the post-Warren Court decision in Roe v. Wade, which gave women the right to have an abortion”. Through the Warren Court decision a controversy was indirectly led to, which continues to impact many Americans each…

    • 1351 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    They also asked the court to forbid the district attorney from prosecuting anyone else under the Texas abortion law in the future. Texas ruled in favor of Roe on the grounds that the law violated her constitutional rights to privacy. The court ruled that the 9th Amendment and the 14th Amendment of the Constitution guaranteed privacy rights that were broad enough to protect a woman's choice to have an abortion because the district court refused to forbid future prosecutions for abortion. Roe and her attorneys appealed to the US Supreme Court. Wade also appealed the decision.…

    • 617 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    The 1972 Supreme Court case Roe v. Wade is arguably one of the most notorious Supreme Court cases of all time. Not only because of the specific issue of abortion, but in the more broad perspective of state laws, versus federal law. This landmark Supreme court case, which was ruled 7-2, upheld the right to privacy under the 14th amendment and protected women in the right to have an abortion within the first three trimester of a women pregnancy. Prior to the Roe v. Wade case in 1973 there was no federal law regulating abortions, and the overwhelming majority of states had prohibited the practice of abortion entirely, “unless the life of the mother giving birth was in jeopardy” (Roe v. Wade and Beyond, 2016).…

    • 2323 Words
    • 9 Pages
    Superior Essays
  • Improved Essays

    The Roe V. Wade Case

    • 1141 Words
    • 5 Pages

    Whether or not women should have the right to an abortion is an argument that is on the news a lot nowadays. This argument dates back to the early 1970s and the Roe v. Wade court case. In fact, the Roe v. Wade case is one of the most talked about supreme court cases to date. It took place in Texas, where state law only allowed abortion to save the life of the mother. “Jane Roe”, a pseudonym for the appellant, wanted to have an abortion.…

    • 1141 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    I.Introduction The topic of abortion is currently one of the most controversial issues. The 1973 supreme court ruling of Roe v. Wade allowed for women to legally obtain abortions throughout their entire pregnancy, however, conditions were put into place that allowed for states to regulate abortions during the second and third trimesters of pregnancy. The right to have an abortion is protected under the constitution’s 14th amendment which protects the basic rights of citizens. This ruling has left our country divided in half by those who are for and against abortion. Those who oppose Roe v. Wade are referred to as pro-life and those in agreement are pro-choice.…

    • 712 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Court held that a woman 's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. The decision gave a woman a right to abortion…

    • 1574 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    In 1973, the case Roe v. Wade made a huge impact on the future of abortion. The Supreme Court made a historic decision and sanctioned a person’s right to choose whether they want to terminate an unwelcome pregnancy. Women were since allowed to make the decision of whether they wanted an abortion during the beginning of a pregnancy. If a woman waits till a later date, there are restrictions on abortion policies. During the…

    • 2242 Words
    • 9 Pages
    Improved Essays
  • Improved Essays

    The case was in court for approximately 2 years, and finally a decision was made. The court was in favor of Jane Roe, with a 7-2 vote. The justices voted that taking away a woman’s right to have an abortion was a violation of the ninth and 14th amendments. But the practice of abortion was restricted during the third trimester of a pregnancy. As soon as this ruling was determined, an opposition was emerged.…

    • 1381 Words
    • 6 Pages
    Improved Essays

Related Topics