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Two cases. Roe V. Wade and Morse v. Frederick. Roe v. Wade. 1969 Norma Rae McCorvey asked for an abortion due to an unwanted pregnancy and was denied under Texas Law.
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Two cases Roe V. Wade and Morse v. Frederick
Roe v. Wade • 1969 Norma Rae McCorvey asked for an abortion due to an unwanted pregnancy and was denied under Texas Law. • She later claimed rape, only way it was legal under Texas law. Texas courts upheld right to abortion. Citing precedent in Griswold • Wade argued for Texas law to be upheld, keeping abortion illegal.
Case went to Supreme Court on appeal-. • Court ruled 7-2 that McCorvey(below) can have abortion based on 9th and 14th amendments. • 9th amend- rights retained by people under the const. • 14th- equal protection clause and due process.
Dissent • Rehnquist and White- 14th and 9th amendments were vague and did not/should not interfere with states rights to legislate on abortion and was trying to guarantee individual rights in the constitution.
Future? • The debate goes on. Parental notification laws? A court ruling?
Morse v. Frederick • Background- High School senior Joseph Frederick of Juneau, Alaska unfurled a banner “Bong Hits for Jesus!” during an Olympic torch parade on Jan. 23, 2002. • His principal took the banner and suspended Frederick for 10 days with possible expulsion. The District court of Alaska, ruled in favor of the school district. • Frederick argued his free speech rights were violated under the 1st amendment.
Frederick • Circuit Court of Appeals reversed District Court’s opinion. Case was well under non-disruptive guidelines.
School appealed and was granted certiorari on case. • Supreme Court heard case: Ruled 5-4 in favor of school. • Roberts- Schools can protect decent speech and the educational setting. Adults and students do not have the same 1st amendment rights