Roe Vs Wade part 2
Текст на Статията
- The Writ of Certiorari was granted so Norma was able to present her case to the Supreme court
- Both sides of the Case presented their oral arguments to the 9 judges of the supreme court.
- A Woman's right to Privacy was implied as a constitutional right in the 1st, 4th, 5th, 9th, and 14 amendments of the constitution. Which includes a woman's right to her own body and therefore her own choice when it comes to abortion.
- Furthermore The equal protection clause of the 14th gives the implicit right to privacy.
- There Were also 42 amicus Curiae briefs written in favor of Roe. From organizations like Planned parenthood, California Chapter of the National Organization for women, and the New York academy of Medicine.
- This case should not even be in the Supreme Court because the Writ of Certiorari is for people who are "standing" or directly being affected by the case. Since "Jane Roe" at the time of this hearing has already had the child she wanted to Abort she is no longer in standing.
- The framer of the constitution did not intend for the 14th amendment to be used as an argument to privacy. The opposing side is assuming a lot of what the constitution means instead of what is implicitly stated.
- The Opinion of the Court was that the Abortion Laws In Texas Violated the Constitutional right to privacy with a vote of 7 to 2 judges.
- Dissenting Opinion- Privacy went far beyond the intentions of the Original framers of the constitution. The Court's Opinion did not also stick to the specific facts of this case because Roe was no longer in "standing".
- Concurring Opinion- A woman's right to privacy superseded a states right to ban abortions, Written by Harry Blackmun. They did make individual rules for each trimester.
- After This case a lot of states had to change their legislature on Abortion Laws, so the case affected a lot of people as well as providing easier access to abortion for women. It is also very important because this case was one of the first times there was a real divide in the country between Liberals and conservatives. This case caused the two partys to grow further apart and made it harder for them to come to agreements since this case.
- Why Is This a Landmark Case?
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