Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Morgana

Isn’t Roe V Wade based on the 14th Amendment? I looked it up and, for the life of me, I can it find any mention of abortion!


22 posted on 07/11/2018 8:05:43 PM PDT by originalbuckeye ('In a time of universal deceit, telling the truth is a revolutionary act'- George Orwell.)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: originalbuckeye

Roe v. Wade, legal case in which the U.S. Supreme Court on January 22, 1973, ruled (7–2) that unduly restrictive state regulation of abortion is unconstitutional. In a majority opinion written by Justice Harry A. Blackmun, the court held that a set of Texas statutes criminalizing abortion in most instances violated a woman’s constitutional right of privacy, which it found to be implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment (“…nor shall any state deprive any person of life, liberty, or property, without due process of law”).

The case began in 1970 when “Jane Roe”—a fictional name used to protect the identity of the plaintiff, Norma McCorvey—instituted federal action against Henry Wade, the district attorney of Dallas county, Texas, where Roe resided. The Supreme Court disagreed with Roe’s assertion of an absolute right to terminate pregnancy in any way and at any time and attempted to balance a woman’s right of privacy with a state’s interest in regulating abortion. In his opinion, Blackmun noted that only a “compelling state interest” justifies regulations limiting “fundamental rights” such as privacy and that legislators must therefore draw statutes narrowly “to express only the legitimate state interests at stake.” The court then attempted to balance the state’s distinct compelling interests in the health of pregnant women and in the potential life of fetuses. It placed the point after which a state’s compelling interest in the pregnant woman’s health would allow it to regulate abortion “at approximately the end of the first trimester” of pregnancy. With regard to the fetus, the court located that point at “capability of meaningful life outside the mother’s womb,” or viability.

Repeated challenges since 1973 narrowed the scope of Roe v. Wade but did not overturn it. In Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), the Supreme Court established that restrictions on abortion are unconstitutional if they place an “undue burden” on a woman seeking an abortion before the fetus is viable. In Gonzales v. Carhart (2007), the court upheld the federal Partial-Birth Abortion Ban Act (2003), which prohibited a rarely used abortion procedure known as intact dilation and evacuation. In Whole Woman’s Health v. Hellerstedt (2016), the court invoked its decision in Casey to strike down two provisions of a Texas law that had required abortion clinics to meet the standards of ambulatory surgical centres and abortion doctors to have admitting privileges at a nearby hospital.

In 1998, having undergone two religious conversions, McCorvey publicly declared her opposition to abortion.

https://www.britannica.com/event/Roe-v-Wade


25 posted on 07/11/2018 8:12:36 PM PDT by Morgana ( Always a bit of truth in dark humor.)
[ Post Reply | Private Reply | To 22 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson