Roe v. Wade Mr. B U.S. History

1. To demonstrate an understanding of the impact of Roe vs. Wade on women’s rights. 2. To evaluate the laws governing Roe vs. Wade. 3. To understand how Roe vs. Wade had contributed to the continuing public debate about the implications of civil liberties and religion.

The Questions Is abortion considered a moral question by the majority of American citizens? Is abortion considered a moral question by the majority of American citizens? Is abortion considered murder by the majority of American citizens? Is abortion considered murder by the majority of American citizens? Does the decision to have an abortion rest with the individual? The fetus? Or the government? Does the decision to have an abortion rest with the individual? The fetus? Or the government? Should the government make decisions about what a human should do to his/her body? Should the government make decisions about what a human should do to his/her body? Does the government’s decision to allow/prohibit abortion reflect the best interests of American citizens? Does the government’s decision to allow/prohibit abortion reflect the best interests of American citizens?

Vocabulary Abortion: The medical procedure of terminating a pregnancy prior to natural birth, but after conception Abortion: The medical procedure of terminating a pregnancy prior to natural birth, but after conception Fetus: Commonly considered the unborn child in the womb, although under debate at what point it becomes “human life” Fetus: Commonly considered the unborn child in the womb, although under debate at what point it becomes “human life” Viable/Viability: The point at which the egg has been fertilized and embryonic development has begun Viable/Viability: The point at which the egg has been fertilized and embryonic development has begun Precedent: A legal term used as a standard for future legal decisions Precedent: A legal term used as a standard for future legal decisions

The Case Norma McCorvey, AKA “Jane Roe”, challenged the anti-abortion laws in Texas. Norma McCorvey, AKA “Jane Roe”, challenged the anti-abortion laws in Texas. Henry Wade was the one who was enforcing the Texas abortion laws when he was named the defendant in the Roe v. Wade lawsuit. Henry Wade was the one who was enforcing the Texas abortion laws when he was named the defendant in the Roe v. Wade lawsuit. Texas civil law forbade abortion except in the cases when the mother’s life was in mortal danger. Texas civil law forbade abortion except in the cases when the mother’s life was in mortal danger. The Texas Supreme Court heard the argument twice. The Texas Supreme Court heard the argument twice. First hearing--Dec. 13, 1971, by Sarah Weddington on behalf of Roe and Jay Floyd for the state of Texas. First hearing--Dec. 13, 1971, by Sarah Weddington on behalf of Roe and Jay Floyd for the state of Texas. Second hearing--Oct, 11, 1972 with Sarah Weddington representing Roe and Robert Flowers on behalf of Texas. Second hearing--Oct, 11, 1972 with Sarah Weddington representing Roe and Robert Flowers on behalf of Texas.

The Decision Verdict was decided on Jan. 22, Verdict was decided on Jan. 22, By a vote of 7-2 the court held that a woman’s right to privacy was entitled by the 14th Amendment. By a vote of 7-2 the court held that a woman’s right to privacy was entitled by the 14th Amendment. The decision gave women total autonomy over their pregnancy during the first trimester (the first three months). The decision gave women total autonomy over their pregnancy during the first trimester (the first three months). As a result, the laws of 46 states were affected by the Texas court’s ruling. As a result, the laws of 46 states were affected by the Texas court’s ruling. The Precedent: The Precedent: This decision gave the states the right to intervene in the second and third trimesters of pregnancy to protect the woman as well as the “potential’ life of an unborn child. This decision gave the states the right to intervene in the second and third trimesters of pregnancy to protect the woman as well as the “potential’ life of an unborn child.

Four Pillars of Roe The Roe decision was grounded on four constitutional pillars. The Roe decision was grounded on four constitutional pillars. Pillar I: The decision to have an abortion was accorded the highest constitutional protection. Pillar I: The decision to have an abortion was accorded the highest constitutional protection. Pillar II: The government had to remain neutral; legislatures could not enact laws to push women to make a certain decision. Pillar II: The government had to remain neutral; legislatures could not enact laws to push women to make a certain decision. Pillar III: In the phase before the fetus is viable, the government may restrict abortion only to protect a woman’s health Pillar III: In the phase before the fetus is viable, the government may restrict abortion only to protect a woman’s health Pillar IV: After viability, the government may prohibit abortion, but laws must make exceptions if it means health risks with the women. Pillar IV: After viability, the government may prohibit abortion, but laws must make exceptions if it means health risks with the women.

Four Pillars of Roe today Only two of the four pillars remain today as a result of the Supreme Court decision Planned Parenthood v. Casey (1992). Only two of the four pillars remain today as a result of the Supreme Court decision Planned Parenthood v. Casey (1992). A woman’s right to chose is still constitutionally protected. A woman’s right to chose is still constitutionally protected. Under Casey, the states no longer have to be neutral in the choice of abortion. Under Casey, the states no longer have to be neutral in the choice of abortion. The government is free to pass restrictions on abortions based on “morality” a code word for religious anti- abortion views. The government is free to pass restrictions on abortions based on “morality” a code word for religious anti- abortion views. States are now permitted to prohibit abortion States are now permitted to prohibit abortion

Roe in the 21 st Century In 2000, eight years after the Casey decision, the Supreme Court agreed to hear another case which Roe for reexamination In 2000, eight years after the Casey decision, the Supreme Court agreed to hear another case which Roe for reexamination During that period, Clinton appointed two justices, Ginsburg and Breyer During that period, Clinton appointed two justices, Ginsburg and Breyer In a 5-4 vote in the Stenburg v. Carhart, the Supreme Court struck down the ban, In a 5-4 vote in the Stenburg v. Carhart, the Supreme Court struck down the ban, Decision lacked a clause protecting abortions to preserve the mothers’ health Decision lacked a clause protecting abortions to preserve the mothers’ health This vote indicated future problems: The Supreme Court was only one vote away from overturning Roe. This vote indicated future problems: The Supreme Court was only one vote away from overturning Roe.

Controversy over Roe Roe v. Wade sparked immediate social debate and protest. Roe v. Wade sparked immediate social debate and protest. Protestors mobilized into two groups Protestors mobilized into two groups Pro-Life/Anti-Abortion Pro-Life/Anti-Abortion Pro-Choice Pro-Choice Several states enacted laws limiting the right of an abortions, including: Several states enacted laws limiting the right of an abortions, including: Mandated parental consent for minors to obtain abortions; Mandated parental consent for minors to obtain abortions; Parental notification laws; Parental notification laws; Spousal consent laws; Spousal consent laws; Laws requiring abortions to be performed at hospitals, not clinics; Laws requiring abortions to be performed at hospitals, not clinics; Laws barring state funds for abortions; Laws barring state funds for abortions; laws mandating women to read certain types of literature before choosing an abortion, and many more. laws mandating women to read certain types of literature before choosing an abortion, and many more.

“Roe” switches sides Once she won the case, McCorvey worked in several abortion clinics advocating Pro-choice. Once she won the case, McCorvey worked in several abortion clinics advocating Pro-choice. In 1995, everything changed. In 1995, everything changed. McCorvey was working at a Dallas clinic when the anti-abortion group Operation Rescue moved its office next door. McCorvey was working at a Dallas clinic when the anti-abortion group Operation Rescue moved its office next door.

“Roe” switches sides cont… McCorvey soon became a devout Christian and vocal Anti- Abortionist McCorvey soon became a devout Christian and vocal Anti- Abortionist Pro-Choice advocates were angered by McCorvey’s (Roe’s) betrayal to their cause Pro-Choice advocates were angered by McCorvey’s (Roe’s) betrayal to their cause During a press conference in Jan 18, 2005, McCorvey claimed she was a “pawn” of young, ambitious lawyers who were looking for a plaintiff so that they could challenge the Texas state law of abortion. During a press conference in Jan 18, 2005, McCorvey claimed she was a “pawn” of young, ambitious lawyers who were looking for a plaintiff so that they could challenge the Texas state law of abortion. She sought to reopen the case in a U.S. District Court in Texas and have it overturned. She sought to reopen the case in a U.S. District Court in Texas and have it overturned.

The Arguments Pro-Life You believe that the embryo is a fetus, a human, from the moment of conception You believe that the embryo is a fetus, a human, from the moment of conception The termination/abortion of a human fetus is considered murder The termination/abortion of a human fetus is considered murder The government has a responsibility to advocate/protect the life of the unborn child The government has a responsibility to advocate/protect the life of the unborn childPro-Choice You believe that women should be given the right to choose what happens to their body You believe that women should be given the right to choose what happens to their body The government must not take a moral stand The government must not take a moral stand The government must not interfere in individual liberties The government must not interfere in individual liberties

A Political Correlation The “Right” Conservative Family Values Republican The “Left” Liberal Liberties and freedom Democrats Pro-Choice Pro-Life