Roe V. Wade Roe, Et Term Paper

Length: 7 pages Sources: 1 Subject: Women's Issues - Abortion Type: Term Paper Paper: #971612 Related Topics: Opinion, Preamble, Abortion, Against Abortion
Excerpt from Term Paper :

But the Georgia statute outlaws virtually all such operations -- even in the earliest stages of pregnancy." Roe, et al. v. Wade 410 U.S. 113 (1973)

DISSENTING OPINIONS

JUSTICE REHNQUIST

In a dissenting opinion, Justice Rehnquist states that the decision handed down by the Court is one in which a state is disallowed the imposition of any restrictions whatsoever on abortions during the first trimester of the pregnancy. Justice Rehnquist specifically states that there is nothing in the opinion of the Court that "indicates that Texas might not constitutionally apply its proscription of abortion as written to a woman in that state of pregnancy." Roe, et al. v. Wade 410 U.S. 113 (1973) Rehnquist further argues that "The Court eschews the history of the Fourteenth Amendment in its reliance on the 'compelling state interest test. But the Court adds a new wrinkle to this test by transposing it from the legal considerations associated with the Equal Protection Clause of the Fourteenth Amendment to this case arising under the Due Process Clause under the Fourteenth Amendment. Unless I misapprehend the consequences of this transplanting of the "compelling state interest test," the Court's opinion will accomplish the seemingly impossible feat of leaving this area of the law more confused than it found it. [p174]" Roe, et al. v. Wade 410 U.S. 113 (1973) Furthermore it is held by Justice Rehnquist that because that most of the States have historically placed restrictions on abortions for nearly 100 years that this is a "strong indication...that the asserted right to an abortion is not 'so rooted in the traditions and conscience of our people as to be ranked fundamental.' Roe, et al. v. Wade 410 U.S. 113 (1973) Another point made by Rehnquist is that in order to reach its opinion, it had to assume that the right to abortion was completely unknown to the drafters of the Fourteenth amendment and that "by the time of the adoption of the Fourteenth Amendment in 1868 that there were already "at least 36 laws enacted by state or territorial legislatures" that limited abortion rights.

JUSTICE WHITE

Justice White relates in his dissenting opinion the fact that "at the heart of the controversy in these cases are those recurring pregnancies that pose not danger whatsoever to the life or

...

v. Wade 410 U.S. 113 (1973) Justice White states that the issue of the case upon which the opinion rests is one which claims that a women should be entitled to an abortion "at her request" for any reason whatsoever in the case that the women can find a medical advisor "willing to undertake the procedure." Roe, et al. v. Wade 410 U.S. 113 (1973) Justice White holds that he finds nothing "in the language or history of the Constitution to support the Court's judgment. The Court simply fashions and announces a new constitutional right for pregnant mothers, and with scarcely any reason or authority for its actions, invests that right with sufficient substance to override most existing state abortion statutes..." effectively disallowing all fifty U.S. states to "weigh the relative importance of the continued existence and development of the fetus..." Roe, et al. v. Wade 410 U.S. 113 (1973) Justice White notes that the court has placed more value on the prospective mother's convenience that on the right to life of the child she carries.

DISCUSSION

In this case the U.S. Supreme Court ruled that the statutes of the state of Georgia and Texas were overly restrictive in relation to the rights of the pregnant woman and the control that the woman has over her own life to choose to follow through with a pregnancy and particularly in relation to health status. Of the Justices that dissented in this matter, it was held Justice Rehnquist that at the time of the framing of the Fourteenth Amendment there were 36 laws that placed restrictions on abortions and that there was not, within the framework of the Constitution a right to an abortion.

PRINCIPLE of the CASE

The principle of this case is within the framework of the Fourteenth Amendment Due Process rights of an individual and whether those rights were being violated by the statutes of the States of Texas and Georgia…

Sources Used in Documents:

Bibliography

Roe, et al. v. Wade 410 U.S. 113 Supreme Court of the United States January 22, 1973. Appeal from the United States District Court for the Northern District of Texas. No. 70-18. http://www.members.aol.com/abtrbng/410us113.htm

Roe v. Wade


Cite this Document:

"Roe V Wade Roe Et" (2008, January 26) Retrieved June 24, 2021, from
https://www.paperdue.com/essay/roe-v-wade-roe-et-32652

"Roe V Wade Roe Et" 26 January 2008. Web.24 June. 2021. <
https://www.paperdue.com/essay/roe-v-wade-roe-et-32652>

"Roe V Wade Roe Et", 26 January 2008, Accessed.24 June. 2021,
https://www.paperdue.com/essay/roe-v-wade-roe-et-32652

Related Documents
Public Funding of Abortion Clinic
Words: 1206 Length: 4 Pages Topic: Women's Issues - Abortion Paper #: 89504329

This means that the government should fund abortions despite of where they are performed whether in hospitals or clinics. This can be achieved through passing legislation to support pro-choice care for all pregnant women. Allowing abortions only in particular situations is a form of discrimination and in order to ensure that Americans have the necessary system that supports the choice of women to get an abortion, the government needs

Ethical Issue on Abortion
Words: 3142 Length: 9 Pages Topic: Women's Issues - Abortion Paper #: 89322346

Ethical Issues Surrounding Abortion Notwithstanding the laws being passed in various states against a woman's right to chose to terminate her pregnancy, the position of this paper is that Roe v. Wade is the law of the land and a woman has the ethical and moral right to decide to have an abortion. There are many positions for and against Roe v. Wade, and there are many ethical issues that may

Abortion in Politics
Words: 2649 Length: 8 Pages Topic: Women's Issues - Abortion Paper #: 53647740

Abortion in Politics The argument on legality of abortion is nurtured deep into root of American society. The judgment on Roe v. Wade where abortion became legal to today's politics. This paper analyses in depth the issue surrounding this subject and present solutions and considerations. The struggle for sexual rights has been linked to the process of building citizenship and has been challenged mainly by entrenched conservative groups like Parents' groups, or

Political Science Differing Concepts of
Words: 1407 Length: 4 Pages Topic: Business - Law Paper #: 67104730

The winning side got what it wanted, in part - the continued legality of abortion - but it did not achieve a wider victor in the abortion war. Abortion's opponents were still represented by the dissenting justices. They too, used stare decisis in their opinion, but in a quite opposite fashion, laying open another path to those who might still hope to have abortion removed as a legitimate constitutional

U.S. Government Interfere With Existing
Words: 1806 Length: 5 Pages Topic: Women's Issues - Abortion Paper #: 50483751

In 1976, three years after Roe v. Wade, the Court ruled that a married woman did not have to have her husband's permission to get an abortion, if she wanted one (Planned Parenthood of Central Missouri v. Danforth). Do the policies of the executive branch of government - the White House - go past just merely being "pro-life" - and into the realm of sexism? That is a good question

Illegalizaton of Abortion Illegalization of
Words: 2047 Length: 7 Pages Topic: Women's Issues - Abortion Paper #: 34911224

The right of autonomy is also influenced by individualistic ideology of capitalism which other feminist point out is male-biased. Feminists seek to free themselves from perspectives that devalue women and deny them opportunities to explore their thoughts and experiences. For this reason, some feminists have joined the anti-abortion side because the issue of autonomy is not acceptable in a liberal society. According to Wolf-Devine, she argues that abortion is the