Thursday, May 6, 2021

Roe vs. Wade

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Does the Constitution embrace a woman's right to terminate her pregnancy through abortion? That was the question being asked by Sarah Weddington, the defendant Jane Roe's attorney. She argued that her client should have the right to an abortion by stating the abortion fell under the right to privacy and the backing of the fourteenth amendment. However, Robert C. Flowers and Henry Wade argued that the State of Texas has every interest of a mother's safety but at the same time they are interested in the protection of human life. The Supreme Court after two argument sessions came to the decision that Jane Roe was permitted the choice of having an abortion and that this right was protected by the 14th amendment. The decision of the court was that in favor of the defendant, Justice Blackmun delivered the opinion of the court in which Justices Burger, Dougles, Brennan, Stewart, Marshall, and Powell filed concurring opinions. Justice White filed a dissenting opinion, in which Rehnquist, also filed a dissenting opinion.


The reason that this case was so historically significant is because it changed the law on abortion in over 4 states and also started one of the most dramatic conflicts in American society. It created two points of view, whether you be pro-choice or pro-life. Also, it became a major political stance in the past few elections. Even though pro-choice won this conflict in the Supreme Court, the decision merely stands by a thread.


My personal stance on the Supreme Court decision of this trial was that of Mr. Justice Marshall, he believed that we needed to respect a woman's right to choose what path she wishes to take and that he was not willing to allow himself to take that right away. I myself see his stance on the issue as my own. The decision helped the 14th amendment reflect the rights of women to keep to their privacy. I hope that the Roe vs. Wade decision stays in affect for a very long time.


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Perhaps this cases most historical significant was that a woman was finally able to decide whether or whether not she wishes to go through with her early decision of having a child or to not have a child. Some say that the Supreme Court's decision was immoral, not fair, and even inhuman. They say that even though the child hasn't been born it still is alive. But, I have always looked at it this way; there is a difference between being alive and living.


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