Roe v Wade Mr Phipps U S History

Roe v. Wade Mr. Phipps U. S. History

The Questions l l l Is abortion considered a moral question by the majority of American citizens? Is abortion considered murder by the majority of American citizens? Does the decision to have an abortion rest with the individual? The fetus? Or the government? Should the government make decisions about what a human should do to his/her body? Does the government’s decision to allow/prohibit abortion reflect the best interests of American citizens?

Vocabulary l l Abortion: The medical procedure of terminating a pregnancy prior to natural birth, but after conception Fetus: Commonly considered the unborn child in the womb, although under debate at what point it becomes “human life” Viable/Viability: The point at which the egg has been fertilized and embryonic development has begun Precedent: A legal term used as a standard for future legal decisions

The Case l l Norma Mc. Corvey, AKA “Jane Roe”, challenged the anti-abortion laws in Texas. Henry Wade was the one who was enforcing the Texas abortion laws when he was named the defendant in the Roe v. Wade lawsuit. Texas civil law forbade abortion except in the cases when the mother’s life was in mortal danger. The Texas Supreme Court heard the argument twice. l l First hearing--Dec. 13, 1971, by Sarah Weddington on behalf of Roe and Jay Floyd for the state of Texas. Second hearing--Oct, 11, 1972 with Sarah Weddington representing Roe and Robert Flowers on behalf of Texas.

The Decision l l Verdict was decided on Jan. 22, 1973. By a vote of 7 -2 the court held that a woman’s right to privacy was entitled by the 14 th Amendment. l l l The decision gave women total autonomy over their pregnancy during the first trimester (the first three months). As a result, the laws of 46 states were affected by the Texas court’s ruling. The Precedent: l This decision gave the states the right to intervene in the second and third trimesters of pregnancy to protect the woman as well as the “potential’ life of an unborn child.

Four Pillars of Roe l The Roe decision was grounded on four constitutional pillars. l l Pillar I: The decision to have an abortion was accorded the highest constitutional protection. Pillar II: The government had to remain neutral; legislatures could not enact laws to push women to make a certain decision. Pillar III: In the phase before the fetus is viable, the government may restrict abortion only to protect a woman’s health Pillar IV: After viability, the government may prohibit abortion, but laws must make exceptions if it means health risks with the women.

Four Pillars of Roe today l Only two of the four pillars remain today as a result of the Supreme Court decision Planned Parenthood v. Casey (1992). l l A woman’s right to chose is still constitutionally protected. Under Casey, the states no longer have to be neutral in the choice of abortion. The government is free to pass restrictions on abortions based on “morality” a code word for religious antiabortion views. States are now permitted to prohibit abortion

Roe in the 21 st Century l l In 2000, eight years after the Casey decision, the Supreme Court agreed to hear another case which Roe for reexamination During that period, Clinton appointed two justices, Ginsburg and Breyer l l l In a 5 -4 vote in the Stenburg v. Carhart, the Supreme Court struck down the ban, Decision lacked a clause protecting abortions to preserve the mothers’ health This vote indicated future problems: The Supreme Court was only one vote away from overturning Roe.

Controversy over Roe l l Roe v. Wade sparked immediate social debate and protest. Protestors mobilized into two groups l l l Pro-Life/Anti-Abortion Pro-Choice Several states enacted laws limiting the right of an abortions, including: l l l Mandated parental consent for minors to obtain abortions; Parental notification laws; Spousal consent laws; Laws requiring abortions to be performed at hospitals, not clinics; Laws barring state funds for abortions; laws mandating women to read certain types of literature before choosing an abortion, and many more.

The real Jane “Roe” l l l Jane “Roe”, whose real name Norma Mc. Corvey was made public in the 1980’s with her book entitled I am Roe: My life, Roe v. Wade, and Freedom of Choice In the book, Mc. Corvey, a ninth grade drop-out describes a difficult life explaining the physical and emotional abuses as a child, her rape as a teenager, and habitual alcohol and drug abuse Mc. Corvey, who was 21, when Roe v. Wade was filed, was on her third pregnancy; she never had an abortion, but gave her child up for adoption.

“Roe” switches sides l l l Once she won the case, Mc. Corvey worked in several abortion clinics advocating Pro-choice. In 1995, everything changed. Mc. Corvey was working at a Dallas clinic when the anti-abortion group Operation Rescue moved its office next door. The Rev. Phillip Benham, Operation Rescue’s director, and Mc. Corvey developed a relationship. Benham, an Evangelical preacher, began discussing Christianity with Mc. Corvey. On Aug. 8, 1995 Mc. Corvey was baptized by Benham in a swimming pool, televised for a national audience.

“Roe” switches sides cont… l l Mc. Corvey soon became a devout Christian and vocal Anti. Abortionist Pro-Choice advocates were angered by Mc. Corvey’s (Roe’s) betrayal to their cause During a press conference in Jan 18, 2005, Mc. Corvey claimed she was a “pawn” of young, ambitious lawyers who were looking for a plaintiff so that they could challenge the Texas state law of abortion. She sought to reopen the case in a U. S. District Court in Texas and have it overturned.

Some Statistics l l l l l An estimated 1, 365, 000 million women receive abortions in America annually Approximately 40 million abortions have been made since 1973 In 54 countries (61% of world population) abortions are legal In 97 countries (39% of world population) abortions are illegal 88% of abortions occur during the first trimester 60% of abortions are performed on women who have already had one or more children 47% of abortions are performed on women who have already had one or more abortions 43% of women will have at least one abortion by the time they are 45 years old (this includes miscarriages) Only 1% of abortions occur as a result of rape, incest, or fetal abnormalities Caucasian women account for twice the number of abortions than any other ethnic group

The Arguments Pro-Life l l l You believe that the embryo is a fetus, a human, from the moment of conception The termination/abortion of a human fetus is considered murder The government has a responsibility to advocate/protect the life of the unborn child Pro-Choice l l l You believe that women should be given the right to choose what happens to their body The government must not take a moral stand The government must not interfere in individual liberties

A Political Correlation Pro-Choice The “Left” Liberal Pro-Life The “Right” Conservative Family Values Liberties and freedom Democrats Republican