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Roe v. Wade 410 U.S. 113 (1973). Brianna Dunn Mr. Noel Political Science November 27, 2013. People Involved. Jane Roe (Norma McCorvey) Plaintiff Dr. James Halford Plaintiff-Intervener Sarah Weddington and Linda Coffee Roe’s Attorneys Henry Wade (Dallas County District Attorney)
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Roe v. Wade410 U.S. 113(1973) Brianna Dunn Mr. Noel Political Science November 27, 2013
People Involved • Jane Roe (Norma McCorvey) • Plaintiff • Dr. James Halford • Plaintiff-Intervener • Sarah Weddington and Linda Coffee • Roe’s Attorneys • Henry Wade (Dallas County District Attorney) • Defendant
Who is Norma McCorvey? • Two previous children • 21 and pregnant again • Lied to get abortion • Signed affidavit with Dr. Halford and two lawyers • Affidavit confirmed anonymity • Jane Roe origination
Both Sides Roe’s Argument Wade’s Argument • Bill of Rights say, “A woman has the right to terminate her pregnancy. It is improper of the State to deny individuals the personal… and sexual right to privacy.’’ • Fetus was never considered a person in courts. • Stop Wade from enforcing Texas statutes • Used Texas statutes on abortion • A fetus is a person from the time of conception • Statutes need to be enforced
District Courts • 1970: Weddington and Coffee challenge Texas statutes • December 13, 1971: United States District Court for the Northern District of Texas • Ruling: • Favored Roe’s legal merits of the case, however did not grant injunction. • Issued Texas laws barring abortion as void. • Cross-appealed
Dr. Halford • Admitted to two previous arrests • Wanted injunctive relief • Granted declaratory relief • Dismissed intervention
Court of Appeals • Fifth Circuit Court • Final decision based on laws, not facts, in Roe’s favor • Due Process Clause of the Fourteenth Amendment • “Right to privacy, including a woman’s right to terminate a pregnancy, against state action.”
Supreme Court • Decided to hear it since it dealt with the Constitution • Two justices were not present during the first arguments • Justice Harry Blackmun was ordered to write the Courts opinion • May of 1972: Blackmun ordered a rearguing
Majority Vote • October 11, 1972: case was reargued • Final decision was 7-2 • Blackmun delivered the Court’s opinion that favored Roe • Majority: strike down Texas laws on privacy grounds
Dissenting Opinion • Dissenters consisted of Justices Byron White and William Rehnquist • Court considered mother and her rights without thoughts of potential life • No constitutional right • Roe twisted legitimacy of true meaning of Fourteenth Amendment
Political Impact Today • The Court case took over 3 years to finish. Therefore, McCorvey’s child was born during the arguments. • She opened the idea to abortion more. • However, she is now pro-life
Works Cited • "Roe v. Wade (1973)." Infoplease. 2005. Accessed November 14, 2013. http://www.infoplease.com/us/supreme-court/cases/ar35.html. • "Roe v. Wade – Case Brief Summary." Lawnix Free Case Briefs RSS. Accessed November 14, 2013. http://www.lawnix.com/cases/roe-wade.html. • www.east-buc.k12.ia.us • www.bibleprophecyblog.com • www.pbs.org • www.endroe.org • freestudents.blogspot.com