Home > Post a day 2011, Post A WEEK Challenge > Roe vs. Wade Case Brief

Roe vs. Wade Case Brief

For those who are interested I went to College in 2007-2009 Todays post is my paper on a Landmark Case: Roe Vs. Wade.

Roe v. Wade: Case Brief

Jacqueline Ann Paulson

Legal Research PA201-07

November Term

Professor: Laurence Gillis

Citation: 410 U.S. 113 (1973)

Parties: Jane Roe v. Henry Wade

Plaintiff: Jane Roe

Defendant: Henry Wade

Landmark case: Abortion became legal in the United States.

Factual Background: Jane Roe known as Norma McCorvey, a pregnant single woman who wanted an abortion in the State of Texas. The complaint was brought to the United States Supreme Court. Roe represented herself as well as other woman who become pregnant and want the option of an abortion. Texas law stated that she or any woman could not abort their child, thus making it a crime unless the reason for the abortion was to save the life of the mother. The Defendant Henry Wade was the district attorney of Dallas County. He was responsible for enforcing the laws against abortion in that area.

Issue: The plaintiff, Jane Roe, alleged that the abortion law in Texas violated her constitutional rights and other women’s. The question presented is, does the plaintiff have a constitutional right to terminate her pregnancy?

Holding: Yes, (Vote 7-2): The statute is unconstitutional because the constitution contains a right to an abortion, based upon the U.S.Constitution with regards to the rights to privacy.

Rule: U.S. Const. Amend.XIV: Tex. Code Crim. Proc. arts. 1191-94, 1196 (Wikipedia, 2005)

Application: The Plaintiff, Jane Roe wins her case, which made it a landmark case and allows abortion to be legal in the United States.

Conclusion: The court concluded the framework of the three tier trimesters in the stages of pregnancy to determine the answer. The Texas law violates this framework, because it outlaws abortions not just in the third trimester, but also in the first and second trimester of the pregnancy. The decision was final on Jan 22, 1973.

Resources I used (Wikipedia, 2005)

Corporation, M. (1993-2007). Roe v. Wade-MSN Encarta. Retrieved 11 25, 2007, from http://encarta.msn.com/text_761595572____0/Roe_v_Wade.html

foundation, w. e. (2006, 1 19). Frontline. Retrieved 11 25, 2007, from the last abortion clinic: abortion wars: roe v. wade and…: http://www.pbs.org/wgbh/pages/frontline/clinic/wars/cases.html

Maher, B. (n.d.). Ideas & Energy-Whatever Happened to Jane Roe? Retrieved 11 25, 2007, from http:www.frc.org/ie/people/people0101a.html

Weddington, S. (n.d.). The Weddington Center- 30th Anniversary of Roe v. Wade. Retrieved 11 25, 2007, from Roe v. Wade Anniversary: http:weddingtoncenter.com/anniverssary_qa.html

Wikipedia. (2005, 07 16). Defintion and Much More from Answers.com. Retrieved 11 24, 2007, from Answers.com: http://www.answers.com/topic/roe-v-wade

Topic #134:
If you got a tattoo, what would it be?  I would get a cross with the Birth and Death dates of my real mom who died when I was 5.
3 bloggers like this post.
  1. May 25, 2011 at 7:32 AM | #1

    That was a landmark case that will be dissected and examined until the end of days, right?

    • May 25, 2011 at 7:58 AM | #2

      Hey THE HOOK: LOL< you got that right it went from yes to no and yes to no- and back and forth, and oh my who can keep up these days anyhow. I believe that kids under the age of 18 should have parental guidance other than that a woman should be able to say and do what she wants. Thanks for making my day too: Happy Wed HOOK!

  2. May 24, 2011 at 7:01 AM | #3

    Nice summary of the events…. Eventually she turned against the whole idea of abortion…
    E

    • May 24, 2011 at 2:32 PM | #4

      I agree, but many do not know this in our modern society.

  3. May 23, 2011 at 3:04 PM | #5

    So what is your position on the matter and why? You may not want to get into that. You lose half your readership no matter which way you go. I have run about 10 anti-Afghanistan War items on my blog. Some very graphic gruesome photos. Hits dropped and so did comments although not a single one was negative. Friends suggested it was not appropriate on a humor blog.

    • May 23, 2011 at 3:38 PM | #6

      This is a touchy subject. I feel a women should be able to decide what she wants. Back when this case was popular times were different.

      • May 23, 2011 at 3:54 PM | #7

        I agree. My only issue is that a minor must have parental notification. It not a matter of woman’s rights on that one but parental rights. I don’t want a doctor doing anything with my kid. I would then accept my daughters decision.

        • May 24, 2011 at 1:31 AM | #8

          AMEN and well said!!

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