Abraham Lincoln declared, “Don 't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties.” It is the extension of these liberties to include all US citizens that lead to the civil rights movement fooled by the feminist movement in the 1960’s. The rights of the citizens are outlined in the constitution and the US courts are set up to interpret the constitution and uphold it as it applies to different issues. In the midst of the feminist movement was the rights of the constitution apply to women in particular women’s rights as they applied in medical decisions. Roe v Wade (1973) was a case in which a pregnant single woman brought a class action suit against the Texas criminal abortion
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The Texas statutes that were named in the Roe v. Wade case: "procure an abortion," "an abortion procured or attempted by medical advice for the purpose of saving the life of the mother." Texas Laws 1854, c. 49, § 1, and although legal abortions pre Roe v. Wade may have been difficult to obtain there was still a large amount of abortions taking place either privately or through doctors performing the illegal abortions. This made this legality of abortion even more important as unregulated abortions led to higher maternal deaths especially during the depression. Ironically abortions were denied unless the pregnancy threatened the life of the mother, but the illegal abortions sought after denial ultimately put the mothers life in danger. Roe v Wade challenged laws that in effect violated First, Fourth, Fifth, Ninth, and Fourteenth Amendments that have implied right to privacy, which would include abortion issues. The primary argument challenging the Texas abortion laws is that it violated the Fourteenth Amendment mandating equal protection of the laws and the guarantee of personal liberty. And although the right to life is even argued today to preserve the fetus and disallow abortions the …show more content…
The courts ruling in favor of Roe and now the case has set precedents for following cases in both abortion and privacy laws. “Though the State cannot override that right, it has legitimate interests in protecting both the pregnant woman 's health and the potentiality of human life, each of which interests grows and reaches a "compelling" point at various stages of the woman 's approach to term.” Pp. 147-164.The court affirmed that the State criminal abortion laws, violate the Due Process
The Texas statutes that were named in the Roe v. Wade case: "procure an abortion," "an abortion procured or attempted by medical advice for the purpose of saving the life of the mother." Texas Laws 1854, c. 49, § 1, and although legal abortions pre Roe v. Wade may have been difficult to obtain there was still a large amount of abortions taking place either privately or through doctors performing the illegal abortions. This made this legality of abortion even more important as unregulated abortions led to higher maternal deaths especially during the depression. Ironically abortions were denied unless the pregnancy threatened the life of the mother, but the illegal abortions sought after denial ultimately put the mothers life in danger. Roe v Wade challenged laws that in effect violated First, Fourth, Fifth, Ninth, and Fourteenth Amendments that have implied right to privacy, which would include abortion issues. The primary argument challenging the Texas abortion laws is that it violated the Fourteenth Amendment mandating equal protection of the laws and the guarantee of personal liberty. And although the right to life is even argued today to preserve the fetus and disallow abortions the …show more content…
The courts ruling in favor of Roe and now the case has set precedents for following cases in both abortion and privacy laws. “Though the State cannot override that right, it has legitimate interests in protecting both the pregnant woman 's health and the potentiality of human life, each of which interests grows and reaches a "compelling" point at various stages of the woman 's approach to term.” Pp. 147-164.The court affirmed that the State criminal abortion laws, violate the Due Process