Roe v. Wade was able to change the way women obtained abortions before 1973. Before
1973, it was hard and almost impossible to find a doctor that would perform an abortion because it was illegal within most states (Herda 26). There was no such thing as internet, so they were not able to locate someone to perform the abortion, seeing that it was illegal. Newspapers did not advertise for it …show more content…
Wade, the Supreme Court did not use him to determine the ruling in Roe v. Wade (Herda 39). The argument that was brought to the court by
Roe was that women are guaranteed the right to abortion by constitutional rights and the state could not interfere with a woman’s decision to have an abortion because it was personal (Herda
31). The official suit against District Attorney, Henry Wade, was on March 16, 1970 and John
Tolle was appointed his lawyer in the case (Herda 36, 37). Tolle concluded after research that the fetus was a separate human being from the mother that was carrying it and said the fetus has just as much of a right to life as the mother did (Herda 37). Wade’s argument in the case and was that
Roe had no right to sue Texas because their laws only affected the people who performed the abortions and there was not any provisions to prevent women who wanted to obtain an abortion
(Herda 38). Once the case passed through lower courts, the Supreme Court heard the case …show more content…
Although everyone hoped for a quick decision, Roe v. Wade was a time consuming case, even when it reached the Supreme Court. Chief Justice Burger was a supporter of states rights and favored to uphold Texas abortion laws, although he felt laws were vague and possibly unconstitutional and Justice White thought Texas laws were valid and constitutional (Herda 67).
Justices Stewart and Blackmun favored overturning part of Texas’ laws, but on the other hand,
Justices Douglas, Marshall, and Brennan thought women had the constitutional right to obtaining an abortion (Herda 68). So, in 1972 the Supreme Court decided to hear the case again, which would take place on October 10, 1972 (Herda 69, 70). Weddington and Coffee had to strengthen their case in order to persuade the court in their favor and began to dig deeper into research.
They found that the growing national trend was denying legal rights to the fetus before birth, meaning they could argue the child was not a human until birth and by that abortion could not be denied because it would not be considered murder on those terms (Herda 70). When the case was heard for the second time, there were two new Justices hearing the case, Rehnquist and