Sunday, November 29, 2015


Roe v. Wade – Case Brief Summary

Assignment # 9

Roe (P), a pregnant single woman, brought a class action suit challenging the constitutionality of the Texas abortion laws. These laws made it a crime to obtain or attempt an abortion except on medical advice to save the life of the mother.Other plaintiffs in the lawsuit included Hallford, a doctor who faced criminal prosecution for violating the state abortion laws; and the Does, a married couple with no children, who sought an injunction against enforcement of the laws on the grounds that they were unconstitutional. The defendant was county District Attorney Wade (D).A three-judge District Court panel tried the cases together and held that Roe and Hallford had standing to sue and presented justiciable controversies, and that declaratory relief was warranted. The court also ruled however that injunctive relief was not warranted and that the Does’ complaint was not justiciable.Roe and Hallford won their lawsuits at trial. The district court held that the Texas abortion statutes were void as vague and for overbroadly infringing the Ninth and Fourteenth Amendment rights of the plaintiffs. The Does lost, however, because the district court ruled that injunctive relief against enforcement of the laws was not warranted.The Does appealed directly to the Supreme Court of the United States and Wade cross-appealed the district court’s judgment in favor of Roe and Hallford
   The case of Roe v. Wade occurred in 1973 and it discussed the abortions laws of Texas. In 1973 a pregnant women who lived in Texas decided that she wanted to have an abortion, however she was not allowed to. Therefore, she decided to bring her case up to a supreme court. Before 1973 women were not allowed to have abortion. This women however did not feel like this was fair and she decided to bring her case to the supreme court. Her argument was that her ninth and fourteen amendment rights were being violated.  The decision regarding the abortion laws of Texas was made upon was rule on her favor and the law had change. It allow women to choose where or not to give life. The fourteen and ninth amendment had a tremendous influence during this case it was because of these amendments that this women was able to win. 
     
     In my opinion the above passage is very important because it empowers women over their own bodies. If this cases had not happened many women would still feel like they are not in control of their bodies and that they do not have a voice. In addition, it gives us a background history of our laws and it serves as an example for future laws that we might want to change or create.  Although, it is important that we know how our laws were implemented, in my opinion I think this case as well as other cases served as samples for future cases we want to bring to a supreme court.  If people did not feel like the laws were being unfair and no one stood up then none of these cases would have been brought up to light. 

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