Presentation is loading. Please wait.

Presentation is loading. Please wait.

Clayton Sommer. Background (a.)  Jane Roe (Norma McCorvey) filed a lawsuit against Henry Wade.  Jane Roe was a single pregnant woman  Henry Wade was.

Similar presentations


Presentation on theme: "Clayton Sommer. Background (a.)  Jane Roe (Norma McCorvey) filed a lawsuit against Henry Wade.  Jane Roe was a single pregnant woman  Henry Wade was."— Presentation transcript:

1 Clayton Sommer

2 Background (a.)  Jane Roe (Norma McCorvey) filed a lawsuit against Henry Wade.  Jane Roe was a single pregnant woman  Henry Wade was the D.A. of Dallas  Argued: December 13, 1971  Decided: January 22, 1973

3 Public Policy (b.)  The policy that was questioned was Texas’s (and most of the USA’s) antiabortion laws.  Roe sued Wade, the D.A., for prosecuting physicians that had performed abortions.  Abortion was a felony in 49 states.

4 Plaintiff’s Argument (c.)  Roe believed that the laws were unconstitutional, for they regarded private matters.  “for women who were or might become pregnant, and want to consider all options.”  She wanted an injunction against Wade to tell him not to prosecute physicians who had performed abortions.

5 Defendant’s Argument (d.)  That he was prosecuting within the law  That it was constitutional to have abortion against the law.  The day after the ruling (at the district court) Wade declared he would continue prosecuting physicians who had performed Abortions.

6 Amicus Curiae (e.)  One third party brief was that of James Hallford.  He was being prosecuted for performing abortions.  He lost his case.

7 Amicus Curiae Cont. (e.)  The Does, a childless married couple, attacked the laws  Claimed that pregnancy was an injury based on contraceptive failure.  Also argued that unpreparedness for parenthood and impairment of the wife.

8 Decision (f.)  The District court ruled: “Freedom to choose in the matter of abortions has been accorded the status of a ‘fundamental’ right in every case the court has examined, and that the burden is on the defendant to demonstrate to the satisfaction of the court that the infringement [by the Texas abortion laws] is necessary to support a compelling state interest.”

9 Decision Cont. (f.)  The refused injunction against Wade.  The court did rule that the antiabortion laws were unconstitutional.  The precedent set was that abortion was declared a private citizens right.

10 Dissenting Opinion (g.)  The dissenting opinion was filed by Mr. Justice Rehnquist.  It stated that Roe must have been in her first trimester of pregnancy in order to file a complaint.  “ Nothing in the Court's opinion indicates that Texas might not constitutionally apply its proscription of abortion as written to a woman in that stage of pregnancy. ”

11 Long Term Effects (h.)  This case stated that it was unconstitutional to make abortions illegal.  At the time, it was a felony to perform an abortion in 49 states, so all of the states had to change that.

12 Bibliography  "Roe v. Wade." Roe v. Wade. N.p., 13 Dec Web. 23 Oct  "Roe v. Wade – Case Brief Summary." Lawnix Free Case Briefs RSS. N.p., n.d. Web. 23 Oct  "ROE V. WADE." WEDDINGTON, SARAH. N.p., n.d. Web. 23 Oct


Download ppt "Clayton Sommer. Background (a.)  Jane Roe (Norma McCorvey) filed a lawsuit against Henry Wade.  Jane Roe was a single pregnant woman  Henry Wade was."

Similar presentations


Ads by Google