Law - Roe vs. Wade - Term Paper Example

Comments (0) Cite this document
Summary
Roe v. Wade Name Institution Date  Roe v. Wade Introduction Abortion refers to the termination of pregnancy by a woman by removal from the uterus the embryo prior to viability. The subject has been controversial all over the world. One side of the debate is opponents who believe that abortion is murder…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.8% of users find it useful
Law - Roe vs. Wade
Read TextPreview

Extract of sample "Law - Roe vs. Wade"

Download file to see previous pages Background Roe v. Wade arose because women were being deprived the right to choose what they wish to do with their bodies1. This is because abortion was illegal in all the states in the United States. There were strict laws, which forced many women into bad situations in any case they carry out an abortion illegally. In some instances, a number of women died as a result of unsafe abortion. Some women even tried to terminate their pregnancies themselves. Some other women chose to relocate to other countries to have safe, legal abortion. However, in the United States it was noted that a large number of women could not afford to move to other countries where abortion is legal to have their pregnancies terminated. A group of women in Texas was not happy with the situation. They argued that every woman should be allowed to choose what happened to her body. They therefore started advocating for change of law so that they could be given the right2. In 1970, the women hired two lawyers to represent them in their quest to have abortion legalized. The two lawyers presented a suit in Texas court challenging the abortion law. In the process, they found a young woman who intended to terminate her pregnancy and were willing to represent all the other expectant women in Texas who also wanted to have abortion. In order to protect her identity she was nicknamed Jane Roe3. The case was given a node and proceeded all through to the Supreme Court. Attorneys for the state of Texas however were conservative and wanted the law to remain as it was. They bear the opinion that a pregnant mother should give up her rights since the fetus rights are more important4. To counter this, the Jane Roe’s lawyer argued that women had a right to privacy, which included choosing to terminate pregnancy. The case has proved to be among the most controversial in the United States history, and many people still debates it to date. Many years after Roe, Americans still remain divided over the abortion rights. Data on opinion polls show majority Americans in support if some aspects of abortion rights with regard while others are still of the view that the decision should be overruled and abortion remain illegal5. Subject Proponents ABC News-Washington post poll conducted thirteen years after the case of Roe v. Wade indicates that 57 percent of respondents polled stated the that abortion should remain legal. A Gallup opinion poll of 2011 showed that 49 % of those polled identified themselves with Roe6. Some proponents of Roe case especially led by women feminist argue that a woman’s right to choose abortion is a fundamental right enshrined in the constitution7. Therefore, it is the prerogative of a woman to choose what to do with her body. As a result, the constitution has a right to protect the fundamental rights to privacy of women. The feminist movement and other proponents of Roe argue that fetus is not a human being. As such, abortion is a matter of terminating pregnancy and not killing a baby. They say that there is no biological proof to show that personhood starts at conception. To them a personhood starts when a person is born8. The proponents also say that fetus is not capable of feeling pain when terminating pregnancy. They cite a research carried out by Stuart Derbyshire, PhD, Senior Lecturer at the University of Birmingham who found out that a fetus is not capa ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Law - Roe vs. Wade Term Paper Example | Topics and Well Written Essays - 1750 words”, n.d.)
Retrieved from https://studentshare.org/law/1443297-roe-v-wade
(Law - Roe Vs. Wade Term Paper Example | Topics and Well Written Essays - 1750 Words)
https://studentshare.org/law/1443297-roe-v-wade.
“Law - Roe Vs. Wade Term Paper Example | Topics and Well Written Essays - 1750 Words”, n.d. https://studentshare.org/law/1443297-roe-v-wade.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Law - Roe vs. Wade

Roe vs Wade: The Ongoing Debate

...Roe VS Wade: The Ongoing Debate The topic of whether or not abortion should be legal has lead to a national, often emotion-filled, discussion that has lasted for several years and will for several years to come. People are unambiguously on either the ‘pro-life’ or ‘pro-choice’ side of the ideological divide. There are seemingly no concessions to be discussed: one concerned with the freedom of choice and woman’s health, the other the life of a fetus. This essay will speak to which hurts women more, the prohibition of or access to legal abortions as defined by the 1973 Roe VS Wade decision by the U.S. Supreme Court presenting the...
2 Pages(500 words)Essay

Roe V Wade

...Roe v. Wade The Roe v. Wade case, brought before the U.S. Supreme Court in 1973, resulted in the Court’s determination that women have the constitutional right to have an abortion prior to when the fetus is viable, meaning when it can survive on its own outside the woman’s womb. Since this decision was handed down, Roe v. Wade has been the subject of a constant, divisive public and political debate regarding its moral, ethical and constitutional merits. The plaintiff, Norma McCorvey, who represented all women who are pregnant in the case, used the alias ‘Jane Roe.’ The defendant was the county of Dallas, Texas. ...
5 Pages(1250 words)Essay

Roe v. Wade

...of these practices have however been justifiably condemned by authorization of the Ninth and Fourteenth Amendments. Though the constitutionality regarding the Roe decision can be easily argued, it must be acknowledged that since the issue remains intensely controversial more than 30 years after, opponents may be justified in believing the right to an abortion should not be thought of as fundamental. Fundamental rights reprove basic truths in the functioning of a society. Rulings preventing the segregation of the races are now accepted by the public therefore can be viewed as fundamental rights. Abortion rights do not enjoy this universally held view so it is fair to debate the issue even on legal grounds though that...
2 Pages(500 words)Essay

Roe -vs- Wade

..., since it is the mother that must live with the consequences of giving birth, is it morally right for other people who are not so closely associated with the pregnancy to dictate what she must do with her own body? Is it morally right for them to force her to take decisions which may not be right for her but which she will have to live with for the rest of her life? The Court in Roe v Wade has rightly recognized that it is not. References: * Jarvis, Judith, 1971. “A defense of abortion” Philosophy and Public Affairs, 1(1), http://spot.colorado.edu/~heathwoo/Phil160,Fall02/thomson.htm ; July 31, 2008 * Joffe, Carole, 2003. “30 years after Roe v Wade:...
5 Pages(1250 words)Essay

Roe v. Wade

...Roe v. Wade: Personal and Constitutional Considerations In 1970, a pregnant woman (Norma McCorvey, who was called Jane Roe in the case filings to protect her privacy) filed suit against the District Attorney of Dallas County, Texas, Henry Wade, on the grounds that the Texas law prohibiting abortions except for in cases of proven rape was unconstitutional. After several appeals, the case reached the Supreme Court, which ruled 7 to 2 in favor of the plaintiff. The Court upheld Roe’s contention, basing its opinion on the Fourteenth Amendment’s Due Process clause, which protects an individual’s right to privacy. Justice Blackmun, writing for...
6 Pages(1500 words)Essay

Roe v wade

...of parental consent for abortion by minors are crucial since the law considers them as incapacitated to proceed with medical procedures without their parent or guardian’s consent. Permitting fundamental rights of underage girls suggests that informed consent surpasses maturity, thereby restricting the scope of parental consent. Conclusion The abortion debate in the US and the world today is founded on previous court decisions such as Roe v. Wade, and Casey v. Planned Parenthood as evident in this paper. Since the Supreme Court’s decision in Roe v Wade, declaring abortion as a fundamental right led to protest by the numerous states that imposed obstacles...
4 Pages(1000 words)Research Paper

Roe vs Wade Case

...Roe versus wade affiliation Annotated bibliography Annas, G. J. (1983). Roe v. Wade reaffirmed. The Hastings Center Report, 13, 21-22. The author writes about the application of rule of viability in major decisions made on abortion cases. The article outlines the classifications of foetal viability used to determine whether mother can have an abortion within the law or not. The source will be very detrimental in this research, as it will provide information on foetal viability and its application in court decisions. Chavkin, W. (1998). Abortion Wars: A Half Century of Struggle, 1950-2000. JAMA: The Journal of the American Medical Association. doi:10.1001/jama.280.2.193 The source contains explicit information on the scuffles... ...
3 Pages(750 words)Assignment

Roe vs Wade

...Running head: roe vs wade 21st February Introduction Roe V.Wade, 411 US 113, is one of the landmark decisions that occurred in US in 1973. The case that was extended the woman’s right to have an abortion was decided in another related case referred to as Doe v. Bolton. Issues that were raised in the case included first, do abortion laws that criminalize all abortion violate the US constitution. Secondly, does the due process clause of the 14th amendments in US protect the right to privacy? Thirdly, are there circumstances where a state may establish laws that prohibit abortion? Fourthly, did the fact that Roe’s pregnancy...
8 Pages(2000 words)Essay

Roe vs Wade

...Roe v Wade Roe v Wade Roe v Wade, 411 US 113 (1973) was a groundbreaking ruling in the second halfof the 20th century whose delivery in 1973 immediately evoked debate on the limitations of the right of pregnant women to procure abortion. In this case, the US Supreme Court extended right of pregnant women to have an abortion before the fetus could become viable, specifically before the third trimester. This case was also later debated in the same way as Doe v. Bolton 410 U.S. 179 (1973), considering that both of them delved in almost similar issues. The main issue that was raised in the two cases were; a) the legality of abortion...
7 Pages(1750 words)Essay

Roe v. Wade

...IMPACT OF ROE V WADE RULING ON WOMEN’S MOVEMENT Roe v Wade is a landmark ruling made by the supreme court of the United States regarding the legality of abortion. The court ruled that women had a right to privacy under the due process clause of the 14th amendment to a woman’s decision to have abortion, but that the right must be balanced between the state’s two legitimate interests in regulating abortion: protecting prenatal health and protecting women’s health. Although the ruling did not have great influence on the pregnancy of Roe’s pregnancy as it came after natural termination of her pregnancy, the ruling reshaped the course of American politics and...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Term Paper on topic Law - Roe vs. Wade for FREE!

Contact Us