ssues Assignment IV: Courts in Relation to Abortion
One of the most widely recognized court cases pertaining to the relativity of abortion within the Supreme Court in the United States of America is the case recognized as (Jane) Roe versus (Henry) Wade which to this day still holds influence in the federal court system and civil society. In short Roe v. Wade was a case in the Texas court system where an expectant mother, joined by another couple and her doctor, who was seeking an abortion in a time when it was illegal. The final decision of the court was that the restriction of abortions to women infringed on their privacy rights and more specifically the ninth and fourteenth amendments in the Constitution. Although there is no explicit …show more content…
Other events that influenced the legalization of abortion in America was the Great Depression in the 1930’s when economically families were already struggling and it was impractical to have another person to provide for; during these times it was shown that 14% of maternal deaths were due to illegal procedures because medically abortions were outlawed.
In the Roe v. Wade case it was Linda Coffee and Sarah Weddington who acted as the plaintiffs and Jay Floyd who was the defendant, they all played a part in the case of Jane Roe versus the District Attorney of the Dallas county. Norma Leah McCorvey, better known as Jane Roe, was an unmarried pregnant woman at the beginning of the case but alas she had never received the abortion she had once hoped for. The case was built upon the argument that Jane Roe made pertaining to her wishes to have an abortion performed by a certified physician in a clinical environment …show more content…
Wade it was called as a seven to two decision majority that abortions are a woman 's obtainable right to privacy (recognized by the Griswold v. Connecticut case) giving her total autonomy within the first trimester of her pregnancy, and to the discretion of each individual state following into the second and third trimesters. The majority of the votes came with the conclusion that this case showed a violation to the fundamental right of privacy that each citizen possesses; as stated previously this decision meant that within the first trimester the mother had full discretion whether to get an abortion or not without any intervention by the state laws and it follows that within the second trimester the state has some jurisdiction while in the third an abortion is obtainable only if the life of the mother is threatened. In the sources analyzed they made a point to state the fact that Harry Andrew Blackmun, Author of the majority in this particular case, was previously a part of the Mayo Clinic (Minnesota 1950) where abortion history was studied; posing a possible explanation for his support for the protection of physicians. On the other end of the spectrum lie the two judges that voted against, Byron White and William Rehnquist. On the opposition White held the idea that the decision made by the majority was not framed properly because it held no solid constitutional foundation and that the Supreme Court 's judicial capabilities and involvement in
One of the most widely recognized court cases pertaining to the relativity of abortion within the Supreme Court in the United States of America is the case recognized as (Jane) Roe versus (Henry) Wade which to this day still holds influence in the federal court system and civil society. In short Roe v. Wade was a case in the Texas court system where an expectant mother, joined by another couple and her doctor, who was seeking an abortion in a time when it was illegal. The final decision of the court was that the restriction of abortions to women infringed on their privacy rights and more specifically the ninth and fourteenth amendments in the Constitution. Although there is no explicit …show more content…
Other events that influenced the legalization of abortion in America was the Great Depression in the 1930’s when economically families were already struggling and it was impractical to have another person to provide for; during these times it was shown that 14% of maternal deaths were due to illegal procedures because medically abortions were outlawed.
In the Roe v. Wade case it was Linda Coffee and Sarah Weddington who acted as the plaintiffs and Jay Floyd who was the defendant, they all played a part in the case of Jane Roe versus the District Attorney of the Dallas county. Norma Leah McCorvey, better known as Jane Roe, was an unmarried pregnant woman at the beginning of the case but alas she had never received the abortion she had once hoped for. The case was built upon the argument that Jane Roe made pertaining to her wishes to have an abortion performed by a certified physician in a clinical environment …show more content…
Wade it was called as a seven to two decision majority that abortions are a woman 's obtainable right to privacy (recognized by the Griswold v. Connecticut case) giving her total autonomy within the first trimester of her pregnancy, and to the discretion of each individual state following into the second and third trimesters. The majority of the votes came with the conclusion that this case showed a violation to the fundamental right of privacy that each citizen possesses; as stated previously this decision meant that within the first trimester the mother had full discretion whether to get an abortion or not without any intervention by the state laws and it follows that within the second trimester the state has some jurisdiction while in the third an abortion is obtainable only if the life of the mother is threatened. In the sources analyzed they made a point to state the fact that Harry Andrew Blackmun, Author of the majority in this particular case, was previously a part of the Mayo Clinic (Minnesota 1950) where abortion history was studied; posing a possible explanation for his support for the protection of physicians. On the other end of the spectrum lie the two judges that voted against, Byron White and William Rehnquist. On the opposition White held the idea that the decision made by the majority was not framed properly because it held no solid constitutional foundation and that the Supreme Court 's judicial capabilities and involvement in