Analysis of Roe V. Wade


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There have been several cases in history that have resulted in great controversy. After all, landmark decisions almost always go hand in hand with huge backlash. Arguably one of the most prominent examples of this is the Roe v. Wade case in 1973, which examined the issue of abortion and whether or not it should be considered a felony offense. Abortion and its legality is still a topic of much debate even in today’s society, proving its relevance. Texan Norma McCorvey discovered that she was pregnant with her third child in June of 1969. Texas law at the time stated that the only means of legal abortion was through rape or incest. Unemployable and deeply depressed, McCorvey, who fit neither of the criteria, attempted a scheme where she falsely attested to being raped in order to get a legal abortion. Her plan failed due to the absence of a police report documenting the alleged rape, so McCorvey resorted to illegal methods of abortion. That attempt was ill fated as well with the eventual police shutdown of the unauthorized site. Running out of options, McCorvey hired attorneys. In 1970, under the pseudonym “Jane Roe”, she sued the Dallas County District Attorney Henry Wade, who represented the State of Texas. The district court later ruled in favor of McCorvey due to the case’s merits, basing their decision on the Ninth Amendment of the United States Constitution, which simply states that just because certain rights are not listed formally doesn't mean they can be violated. Additionally, the 1965 Supreme Court case of Griswold v. Connecticut, which regarded the right to use contraceptives, was used as precedent. However, the cases differed in the sense that few laws banned contraceptives at the time of the Griswold case, whereas abortion was widely banned by state laws during the McCorvey case. The U.S Supreme Court eventually evaluated Roe v. Wade due to appeal. The

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