CHANGE OF U.S HISTORY
U.S Supreme Court Cases Briefings
Roe v. Wade (1973)
(Abortion, right of privacy)
Majority Decisions
Mr. Justice Blackmun delivered the opinion of the Court. Chief Justice Burger and Justices Douglas, Brennan, Stewart, Marshall and Powell joined the opinion.They argued about all the amendments and stated that these amendments of privacy and liberty are broad enough to understand and decide whether the mother needs to terminate the pregnancy or not. They also argued, right of an abortion comes from 14th amendment "liberty" and "freedom". Also if mother does not get her right then it would be difficult for the child and mother to live with full medical care. On the basis of these kinds of elements, it must be the woman’s right to decide that she is entitled to terminate the pregnancy during first trimester and between the different levels of 2nd and 3rd trimesters.
Facts
The case began in 1970 when an unmarried Taxes resident girl, Jane Roe (a fictional name used to protect the identity of Norma McCovey), sought to terminate her pregnancy by abortion. She challenged the law of Taxes (acceptable for purpose of saving life of mother) against Henry Wade, the district attorney of Dallas county and sued him. She argued that she has a right of privacy and should be able to decide whether to have abortion or not. Roe contested the statute on the grounds that it violated the 14th amendment mandating equal protection of the laws and guarantee of personal liberty and a mother’s right to privacy implicitly guaranteed first, fourth, fifth and fourteenth amendments.
Issues
Does Taxes statute violate the constitutional right to have an abortion?
Holding
(7-2) The statute is unconstitutional because constitution contains right of abortion
Dissenting Opinions
Mr Justice Rehnquist and Mr Justice White, dissented and argued that the Court apparently values the convenience of the pregnant mother more than the continued existence and development of the life or potential life that she carries but the decision of whether to allow abortion should be left to people of states and and their legislatures. They also argued that majority's decision must be a raw exercise of judicial power and that is extravagant.
Court's Decision
The court held final decision that women’s right of abortion fell within the right to privacy protected by 14th amendment. The decision was made in favor of Roe (7 votes for Roe and 2 against) and was finally said that women can have abortion during first trimester and between the different levels of 2nd and 3rd trimesters. The court also declared that the fetus at the level of development has no state of person so fetus cannot be said to have any legal right of life. As a result, the laws of 46 states were affected by the court’s ruling.
This landmark decision made abortion legal in USA.
Commentary
This case brought a very significant point and change in the history of United States. As as at the end of 19th century and beginning of 20th century, abortions were totally illegal in US. But in 1973, Roe v Wade case brought a significant change in its history by supporting it with the applied amendments. I think that this case is good for America because as a result of it, 48 states made abortion legal which I think is a very good step towards fulfilling the rights of privacy of women, their liberty and freedom which is entitled in 14th amendment. Several cases may happen with women, and in that situation, they must have their right to terminate pregnancy. Approximately 48 million people in US aborted legally which reduced the cause of several future health problems related with baby and mother.
American people should feel good about this because it gave their women a right of their lives.
Also I think the impact of this case was so positive that this whole mindset spread to other American’s minds too and they also made it legal and set a choice that women can have it in first trimester and at different levels of second and third trimester.
