Roe v. Wade
what court case addressed womens right to terminate a pregnancy, resulting in woman being given total control over the first trimester and giving the states control over the second and third trimesters?
Roe v. Wade
facts from the case Roe v. Wade
-a high school dropout, McCorvey, unsuccessfully sought an abortion in TX -TX prohibited abortions unless necessary to save a woman's life -McCorvey carried her child and gave it up for adoption -the lawyer who arranged for the adoption also introduced McCorvey to two University of Texas Law School graduates, both female -the three women decided to challenge the constitutionality of TX's law and McCorvey became Jane Roe in a test case against Henry Wade, a criminal district attorney for Dallas County -Wade appealed to the supreme court the decision of a three-judge federal district court striking down TX's law -the court granted review and heard oral arguments and then carried the case for rearguments
Roe v. Wade questions
1) does texas's abortion law invade with Roe's rights? No 2) is the right of personal privacy, or a guarantee of certain areas or zones of privacy, constitutionally protected? Yes 3) is a woman's decision to terminate her pregnancy protected under the constitution as a right of privacy? yes 4) is the fetus considered a "person" within the language and meaning of the 14th amendment? No 5) is jane roe's personal liberty to terminate her pregnancy protected by the due process clause of the 14th amendment is her health is not at risk? yes
Roe v. Wade conclusion
The Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. 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. As a result, the laws of 46 states were affected by the Court's ruling.