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Roe v. Wade

Roe v. Wade. By: Liv Lampone. Background. Jane Roe lived in Texas. Texas had decided to make it illegal to have an abortion unless it was recommended to save the life of the mother. Roe was pregnant, unmarried and sought an abortion.

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Roe v. Wade

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  1. Roe v. Wade By: Liv Lampone

  2. Background • Jane Roe lived in Texas. Texas had decided to make it illegal to have an abortion unless it was recommended to save the life of the mother. Roe was pregnant, unmarried and sought an abortion. • She filed a suit against the Dallas District Attorney Wade. • Argued: Monday, Dec. 13, 1971 • Reargued: Wednesday, Oct. 11, 1972 • Decided: Monday, Jan. 22, 1973

  3. Rights & Freedoms at Issue • The right to an abortion • The right of privacy • Does the Constitution dictate a women’s right to terminate her pregnancy by abortion? • A careful balance between the interests of a mother and the interests of the states.

  4. Decision • 7 for Roe, 2 against • Decided that abortion fell under the right to privacy which is protected by the Fourteenth Amendment. • A women has total control over the pregnancy during the 1st trimester. • During the 2nd trimester the states can regulate abortions and in the 3rd trimester they are able to prohibit abortions. • 46 states affected buy this ruling.

  5. Change in Interpretation? • Fourteenth Amendment prohibits states from depriving any person of liberty without due process of law; • The court also interpreted the 14th Amendment’s use of “the word ‘person’ does not include the unborn.”  • The right of a woman to choose to have an abortion fell within this fundamental right to privacy, and was protected by the Constitution. • However the right to have and abortion was not considered an absolute right. Vs.

  6. Pro Choice vs. Pro Life • Although the Court legalized abortion in the 1st trimester of pregnancy this topic is still EXTREMELY controversial today.

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