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Roe vs. Wade

Clayton Sommer. Roe vs. Wade. Background (a.). Jane Roe (Norma McCorvey) filed a lawsuit against Henry Wade. Jane Roe was a single pregnant woman Henry Wade was the D.A. of Dallas Argued: December 13, 1971 Decided: January 22, 1973. Public Policy (b.).

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Roe vs. Wade

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  1. Clayton Sommer Roe vs. Wade

  2. Background (a.) • Jane Roe (Norma McCorvey) filed a lawsuit against Henry Wade. • Jane Roe was a single pregnant woman • Henry Wade was the D.A. of Dallas • Argued: December 13, 1971 • Decided: January 22, 1973

  3. Public Policy (b.) • The policy that was questioned was Texas’s (and most of the USA’s) antiabortion laws. • Roe sued Wade, the D.A., for prosecuting physicians that had performed abortions. • Abortion was a felony in 49 states.

  4. Plaintiff’s Argument (c.) • Roe believed that the laws were unconstitutional, for they regarded private matters. • “for women who were or might become pregnant, and want to consider all options.” • She wanted an injunction against Wade to tell him not to prosecute physicians who had performed abortions.

  5. Defendant’s Argument (d.) • That he was prosecuting within the law • That it was constitutional to have abortion against the law. • The day after the ruling (at the district court) Wade declared he would continue prosecuting physicians who had performed Abortions.

  6. Amicus Curiae (e.) • One third party brief was that of James Hallford. • He was being prosecuted for performing abortions. • He lost his case.

  7. Amicus Curiae Cont. (e.) • The Does, a childless married couple, attacked the laws • Claimed that pregnancy was an injury based on contraceptive failure. • Also argued that unpreparedness for parenthood and impairment of the wife.

  8. Decision (f.) • The District court ruled: “Freedom to choose in the matter of abortions has been accorded the status of a ‘fundamental’ right in every case the court has examined, and that the burden is on the defendant to demonstrate to the satisfaction of the court that the infringement [by the Texas abortion laws] is necessary to support a compelling state interest.”

  9. Decision Cont. (f.) • The refused injunction against Wade. • The court did rule that the antiabortion laws were unconstitutional. • The precedent set was that abortion was declared a private citizens right.

  10. The dissenting opinion was filed by Mr. Justice Rehnquist. It stated that Roe must have been in her first trimester of pregnancy in order to file a complaint. “Nothing in the Court's opinion indicates that Texas might not constitutionally apply its proscription of abortion as written to a woman in that stage of pregnancy.” Dissenting Opinion (g.)

  11. Long Term Effects (h.) • This case stated that it was unconstitutional to make abortions illegal. • At the time, it was a felony to perform an abortion in 49 states, so all of the states had to change that.

  12. Bibliography • "Roe v. Wade." Roe v. Wade. N.p., 13 Dec. 1971. Web. 23 Oct. 2013. • "Roe v. Wade – Case Brief Summary." Lawnix Free Case Briefs RSS. N.p., n.d. Web. 23 Oct. 2013. • "ROE V. WADE." WEDDINGTON, SARAH. N.p., n.d. Web. 23 Oct. 2013.

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