Wade, 410 U. S. 113 (1973) Facts: Texas had passed a law that made it illegal for women who were expecting to have an abortion, unless, pursuant to medical advice, given to save the life of the mother. Jane Roe was an unmarried, pregnant woman. She was unable to get a lawful abortion in Texas because her life was not endangered by going through with her pregnancy. A law existed in Georgia at that time also and was heard as a case relating to it. Issue:Whether or not a pregnant woman has a constitutional right to terminate the pregnancy of her baby by means of abortion.
The issue also involves whether or not it is in the state of Texas interests to preserve the life of the child and or mother, as well to establish under what conditions a medical abortion is allowed. Decision and Reasoning: The Roe v. Wade decision stated that a woman, with her doctor, could choose abortion in earlier months of pregnancy, and with restrictions in later months, based on the right to privacy.Roe v. Wade was decided primarily due to the Ninth Amendment to the United States Constitution. The Court's decision in this case was that the Ninth Amendment protected a woman’s (person’s) right to privacy. Critical Analysis The Supreme Court case I have discussed above of 1973 is one I believe may be overturned in the future.
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Although it has relevance to the ninth amendment as I have previous stated, there are a lot of people today that seem to disagree with the court’s decision.After reading this case brief I still hold my opinion of being, “pro-choice. ” Having not made abortion completely illegal, while setting restrictions on it, was a smart thing to do, taken into effect the setting of this case. The Supreme Court not only compared its decision to the ninth amendment but also to the case related to it from Georgia. The decision of the case I have discussed held to be an appropriate one setting limitations on abortion will still allowing it for under the stipulations set forth by the Supreme Court.
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