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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region Forumsroe v wade
Roe v. Wade
Argued December 13, 1971
Reargued October 11, 1972
Decided January 22, 1973
Full case name Jane Roe, et al. v. Henry Wade, District Attorney of Dallas County
Citations 410 U.S. 113 (more)
93 S. Ct. 705; 35 L. Ed. 2d 147; 1973 U.S. LEXIS 159
Texas law making it a crime to assist a woman to get an abortion violated her due process rights. U.S. District Court for the Northern District of Texas affirmed in part, reversed in part.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan, Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell, Jr. · William Rehnquist
Case opinions
Majority Blackmun, joined by Burger, Douglas, Brennan, Stewart, Marshall, Powell
Concurrence Burger
Concurrence Douglas
Concurrence Stewart
Dissent White, joined by Rehnquist
Dissent Rehnquist
Laws applied
U.S. Const. Amend. XIV; Tex. Code Crim. Proc. arts. 119194, 1196
Roe v. Wade, 410 U.S. 113 (1973), is a landmark decision by the United States Supreme Court on the issue of abortion. Decided simultaneously with a companion case, Doe v. Bolton, the Court ruled 72 that a right to privacy under the due process clause of the 14th Amendment extended to a woman's decision to have an abortion, but that right must be balanced against the state's two legitimate interests in regulating abortions: protecting prenatal life and protecting women's health. Arguing that these state interests became stronger over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the trimester of pregnancy.
The Court later rejected Roe's trimester framework, while affirming Roe's central holding that a person has a right to abortion until viability.[1] The Roe decision defined "viable" as being "potentially able to live outside the mother's womb, albeit with artificial aid", adding that viability "is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."[2]
In disallowing many state and federal restrictions on abortion in the United States,[3][4] Roe v. Wade prompted a national debate that continues today, about issues including whether and to what extent abortion should be legal, who should decide the legality of abortion, what methods the Supreme Court should use in constitutional adjudication, and what the role should be of religious and moral views in the political sphere. Roe v. Wade reshaped national politics, dividing much of the United States into pro-choice and pro-life camps, while activating grassroots movements on both sides.
According to the Court, "the restrictive criminal abortion laws in effect in a majority of States today are of relatively recent vintage." In 1821, Connecticut passed the first state statute criminalizing abortion. Every state had abortion legislation by 1900.[5] In the United States, abortion was sometimes considered a common law crime,[6] though Justice Blackmun would conclude that the criminalization of abortion did not have "roots in the English common-law tradition."[7]
. . .
http://en.wikipedia.org/wiki/Roe_v._Wade
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roe v wade (Original Post)
niyad
Jan 2014
OP
Mnemosyne
(21,363 posts)2. Never going back. nt
niyad
(113,275 posts)5. no matter how many laws, how many restrictions, no matter what!!
?height=225&width=225
Mnemosyne
(21,363 posts)7. That graphic explains it pretty well, niyad.
niyad
(113,275 posts)9. indeed it does. that is why it always fascinates me that you see so many of those microphone
setups when pukes are speaking that look like coat hangers.
Mnemosyne
(21,363 posts)10. The image should make everyone cringe, afraid it just doesn't enough. nt
cinnabonbon
(860 posts)12. Good graphic
And sadly people on the other side of the isle still wants us to return to that dark place in history.
http://www.huffingtonpost.com/2012/05/15/bubba-carpenter-mississippi-abortion_n_1518533.html
CTyankee
(63,909 posts)4. Absolutely! Kick...