Clayton Sommer ROE VS WADE Background a Jane

Clayton Sommer ROE VS. WADE

Background (a. ) � Jane Roe (Norma Mc. Corvey) 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. ) � 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.

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.

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.

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

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.

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. ”

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.

Dissenting Opinion (g. ) � 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. ”

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.

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.