Roe v Wade
Roe vs. Wade: The Decision and its Impact on American Society"The Court today is correct in holding that the right asserted by Jane Roe is embraced within the personal liberty protected by the Due Process Clause of the Fourteenth Amendment. It is evident that the Texas abortion statute infringes that right directly. Indeed, it is difficult to imagine a more complete abridgment of a constitutional freedom than that worked by the inflexible criminal statute now in force in Texas. The question then becomes whether the state interests advanced to justify this abridgment can survive the 'particularly careful scrutiny' that the Fourteenth Amendment here requires. The asserted state interests are protection of the health and safety of the pregnant woman, and protection of the potential future human life within her. But such legislation is not before us, and I think the Court today has thoroughly demonstrated that these state interests cannot constitutionally support the broad abridgment of personal liberty worked by the existing Texas law. Accordingly, I join the Court's opinion holding that that law is invalid under the Due Process Clause of the Fourteenth Amendment" (Craig and O'Brien 17).On January twenty-second, 1973 Justice
Wade trial was the status of when a fetus is guaranteed constitutional rights. Wade elevated the abortion issue to the national spectrum, becoming a source of political and social struggle in the years to come. However, this trend would soon change. Wade decision to legalize abortion mirrored this willingness to embrace a person's autonomy. The president of Planned Parenthood hailed the decision as "a wise and courageous stroke for the right of privacy, and for the protection of a woman's physical and emotional health" (Craig and O'Brien 32). A pregnant single woman, "Jane Roe," brought a class action lawsuit challenging the constitutionality of the Texas criminal abortion laws, which proscribed procuring or attempting an abortion except on medical advice for the purpose of saving the mother's life. Abortion, Politics, and the Courts: Roe v. The plaintiff's assertion was that prohibiting abortion at any time before birth violated a woman's constitutional right to privacy. However, there were several flaws with this statement in the court. The leading force behind the criminalization of abortion was physicians and the American Medical Association. Following the 1840's, abortion would soon be under attack, and a string of anti-abortion laws would be passed until the twentieth century. Thus, Floyd's contention amounted to a mere personal opinion, with no bearing on the case.
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