Roe V Wade Research Paper Outline

Lesser punishments for an abortion done before quickening were enacted.‘Quickening’ is defined as the fetus’s first sign of movement in the womb.

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Jane Roe claimed that the Texas statue was vague and took away her right of personal privacy. By the 1970s abortion was illegal in almost every state.

These rights were protected by the first, fourth, fifth, ninth and fourteenth amendments as far as Jane Roe was concerned. If you had an abortion or performed one you would be prosecuted.

Although women would not receive the death penalty it would be illegal and not without consequences to terminate a pregnancy for a women ‘quick with child’.

New York followed Connecticut’s lead and also enacted anti abortion laws in 1828.

In March of 1970 Jane Roe filed suit against the state of Texas. In the thirteenth century the termination of a fetus, no matter what stage of pregnancy was considered a homicide.

She declared that the Texas Criminal Abortion Statues were unconstitutional. Later in society abortion was looked at less harshly.In the third trimester when a fetus is capable of surviving outside a woman’s body abortions are illegal, only the government can interfere.This sparked great controversy out side the courts and inside the courts.The seven to two decisions was delivered by Blackmum with the concurring opinion of Burger, Douglas, Brennan, Stewart, Marshell, and Powell. Rehnquist and White the two dissenting opinions contested this ruling for many years. As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.” Quoted by Justice Bryon R. The courts action as far as Rehnquist and White are concerned goes past the courts jurisdiction. Wade was interpreting the constitution our Four Fathers wrote, not protecting it.They believed the ruling to be inadequate and disapprove of their fellow justices decision "Even if there were a plaintiff in this case capable of litigating the issue which the Court decides, I would reach a conclusion opposite to that reached by the Court. I find nothing in the language or history of the Constitution to support the Court's judgment. Rehnquist and White were worried about the fact that the fourteenth amendment had nothing mentioning abortion in it.There were no medical issues that would have prevented her from carrying this child to full term. Since the beginning of time abortion has been controversial.The lack of income and already having a child was her deciding factor. To some it is a taboo to others it is a right that only a woman can decide for herself.Blackmun worked night and day on the Roe case and it would be Blackmun who would write the ruling for the court.The Supreme Court of the United States held that abortion was a constitutional right to all women. To look at abortion as murder the court decided that a fertilized egg should have the same traits as a full term baby.All abortions were illegal and penalties would be enforced for both women and the doctors who preformed the abortion.Norma Mc Corvey known as Jane Roe too most, and her lawyer Sara Weddington challenged the statutes of all states not just Texas.


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