Clayton Sommer Roe vs. Wade

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

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.

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.

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.

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

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.

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.”

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.

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.”

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.

Bibliography "Roe v. Wade." Roe v. Wade. N.p., 13 Dec. 1971. Web. 23 Oct. 2013. "Roe v. Wade – Case Brief Summary." Lawnix Free Case Briefs RSS. N.p., n.d. Web. 23 Oct. 2013. "ROE V. WADE." WEDDINGTON, SARAH. N.p., n.d. Web. 23 Oct. 2013.