Roe V. Wade Summary

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For decades, a woman’s right to abortion has been one of the most debated issues in both Washington and inside the homes of millions of Americans. In 1973 the national case of Roe v. Wade, sparked political decisions that created the national right to abortion. However, this case did not end the debate, nor, did it stop both sides for continuing the fight for their individual beliefs. Similar cases like Planned Parenthood of Southeastern Pennsylvania v. Casey likewise ruled to allow abortion, but the judge’s choice was not an easy one. The very ideals our country was founded upon were brought into discussion, by the means of taking into consideration how the mother’s privacy, liberty and dignity were involved in a woman's right to abort her child. These cases and other interconnected ones challenged the legality of restrictions by the means of laws established in our Constitution.
In America, abortion was a common although dangerous practice until approximately 1880, by which point the majority of states had banned it, with the exception of cases that
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Wade case. In summary, the Court held that a woman's right to an abortion fell within the right to privacy addressed by the First, Fourth, Fifth, Ninth and Fourteenth Amendments, and denial of such rights would be a direct constitutional violation. The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters. The Court argued that the right to privacy addressed in the Constitution was general enough to encompass abortion. Therefore the choice to have an abortion is a fundamental right protected by the Constitution from regulation by the states. However, the trimester system was created to also protect the fetus’s right to live after it is viable, meaning abortion is not an unlimited

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