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Supreme Court And Women's Rights Essay

1936 words - 8 pages

In the second part of the twentieth century, women’s rights once again gained a lot of momentum. The women’s liberation movement was born out of women civil right activists who were tired of waiting for legislative change for women’s rights. Even though women are being recognized more in society, they still face difficult issues. Sexism –especially in the workforce –is becoming a major issue, birth control pills are still not popular, and abortions are frowned upon in society. The case Roe v. Wade is about a woman with the fake name of Jane Roe who wanted an abortion but the state of Texas would not let her unless her life was in danger. She sued the district attorney of Dallas County saying that it violated the right to privacy under the 1st, 4th, 5th, 9th, and 14th Amendments. Usually, some arguments for being against abortions are because it is like killing a life, religious reasons, and less chance of future pregnancies. Some arguments that approve abortion are the rights of privacy and the mother to make her own decision. I decided to pick the landmark case Roe v. Wade because there are many ways to argue for and against abortions, so I wanted to give it an overarching view before I personally pick a side. Roe v. Wade is a significant case because it shows how rights in the Constitution do not have to be explicitly mentioned for it to implement and the change in abortion laws that affect women.
The plaintiff is Jane Roe and the defendant is the district attorney of Dallas County. Jane Roe says that denying her the right for having an abortion violates the right of privacy guaranteed in the 1st, 4th, 5th, 9th, and 14th Amendments. The district attorney of Dallas refuses to let her have abortion unless her life is in jeopardy. In 1970, the case went to the federal district court and the three-judge panel said that the law violated Roe’s rights. They did not issue an injunction that would have spread the ruling to all pregnant women in Texas. In the Supreme Court, the case was argued on December 13, 1971 and was reargued on October 11, 1972. The decision was delivered on January 22, 1973. In a 7-2 opinion, the Court decided that “a pregnant woman can have an abortion for the first three months without the state interfering, the state can regulate abortion but can’t prohibit it, and the state can regulate or forbid all abortions except to save the life of the mother” (“Landmark Cases of the U.S. Supreme Court”, n.d.).
Jane Roe is fighting a society who is mainly against the idea of having an abortion. While her being unmarried glimmers hope in the case for a reason to have an abortion, she needs more arguments than that. One of the arguments that she used to support her case was that the Texas abortion law that says “a woman cannot have an abortion unless her life is threatened” (“Landmark Cases of the U.S. Supreme Court”, n.d.) is very vague. She also says that the right of privacy is mentioned in the 1st, 4th, 5th, 9th, and 14th Amendments....

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