The 1973 Roe v. Wade Supreme Court case was a major landmark in not only the abortion issue, but also in American government. In this paper I will discuss the case, including both arguments and the decision, and the significance of Roe v. Wade. I will also discuss the basis of the ruling as according to the implied right of privacy through the 14th amendment, and how the court reached that decision.
In 1971 Norma McCorvey, a single, pregnant woman in the state of Texas, wanted to get an abortion. The state laws of Texas at that time made it illegal to have an abortion in Texas, and although the state told her that she could go to one of the four states in which abortion was legal, she decided that she could not afford to travel to another state and have the procedure done. So Norma McCorvey decided to sue the state of Texas claiming that her constitutional rights were being taken away from her. The state court ruled in favor of McCorvey but it was not a strong enough verdict to change the arrests of abortion doctors in Texas because the exact part of the Constitution that dealt indirectly with the right to privacy could not be pinpointed, and so Norma McCorvey and her lawyer, Sarah Weddington, decided to take it to the Supreme Court. From then on Norma McCorvey would be known by the generic name Jane Roe to protect the very right of privacy which she was fighting for.
The first hearing of the Supreme Court case Roe v. Henry Wade, District Attorney of Dallas County, took place on December 13, 1971. Sarah Weddington had a strong case for privacy, but once again, the direct part of the Constitution that dealt with her case could not be decided upon. The council for Wade was Jay Floyd who opened badly, and never really impressed the justices. He opened his arguments with jokes and did not have any real basis for why the Texas laws should be upheld. The judges were later said to be too harsh on Floyd who was just trying ...
Page 1 of 12