🔊Roe Vs Wade 🔊
Published on Nov 18, 2015
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PRESENTATION OUTLINE
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🔥Chief Justice🔥
Warren E. Burger
☝️Associate Justices☝️
William O. Douglas · William J. Brennan, Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell, Jr. · William Rehnquist
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A lady by the name of Norma Leah McCorvey ( Roe ) , was a pregnant single woman who challenged the constitution of the Texas abortion laws.
Other plaintiffs were Hallford which was a doctor who faced criminal prosecution for violating the state abortion laws and the Does who were a married couple with no children, who sought an injunction against enforcement of the laws on the grounds that they were unconstitutional.
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🔎 judge🔎
Sarah Ragle Weddington was an American attorney, law professor, and former Texas state legislature who represented Jane Roe.
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🔊 MR. JUSTICE BLACKMUN 🔊 delivered the opinion of the Court. Chief Justice Burger and Justices Douglas, Brennan, Stewart, Marshall and Powell joined the opinion.
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Blackmun completed the first opinion in May 1972. Blackmun's opinion would have struck down the Texas law on the grounds of vagueness, and the result of the opinion would have been that the majority of abortion statutes in the United States would have been unconstitutionally vague as well, though the Court would not have considered whether the right to an abortion was a fundamental right however Blackmun also recommended that the Court reconsider the case with all nine justices.
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Instead of issuing Blackmun's original opinion, the Court decided to rehear the case during the following term. The Court reheard the case beginning October 11, 1972. After the rehearing, the Court, with Blackmun again writing for the majority, found the Texas abortion law to be unconstitutional. It declared that such laws "violate the due process clause, which protects against state action the right to privacy, including woman's qualified right to terminate her pregnancy."
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He first argued that there was no plaintiff in the case to whom the Court's ruling could apply. In order for the Court to rule that states could not regulate abortion during the first trimester, it required the presence of a plaintiff who was in her first trimester of pregnancy at some point during the time her case was being tried. There was no evidence that the plaintiff "Jane Roe" had done so while in her first trimester, so the Court's ruling had no application to the actual case before it.
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In his dissent, Justice Rehnquist objected to the majority's reasoning on several grounds.
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Appealed once, December 13, 1971 - The case is argued before the U.S. Supreme Court.
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The Supreme travesty (ruling 7-2) found that Texas violated ”the Due Process Clause of the Fourteenth Amendment, which protects against state action the right to privacy, including a woman’s qualified right to terminate her pregnancy”
( law.cornell.edu)
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