Describe The Supreme Court

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Q4. Roe v. Wade

The case of Roe v. Wade is among the controversial cases that are most recognized cases

of the Supreme Court. The verdict of the case in favor of Roe was acceptable since it stood by

the constitution and protected the human rights of the mother and the fetus. The decision made in

the ruling of the case important as summarized in this easy (Leigh et al. 29). First, let us

understand how or what the case contained:

The decision in Roe v. Wade case on January 22, 1973, challenged Texas statute that had

announced abortion to be a crime unless the life of the mother was at stake. This case was a

petition by Jane Roe who was single and wanted safe and legal ending to her pregnancy

(Dellinger et al. 83). As the court collaborated with Roe, it went against Texas regulation and

ruled out that the constitution was broad enough to include women decisions on terminating their

pregnancy. This case of Roe has gained popularity countrywide and become the case that

legalized abortion. The states accepted the ruling only when abortion meant to save the life of a

woman, keep her health, fetal anomaly, and incest or rape cases. However, Roe rendered the law

that the states had clinked unconstitutional (Leigh et al. 32).

Before coming in agreement to Roe case the government went back to the cases that had

previously been structured to interfere with one's personal life such as marriage and procreation.

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The court in their verdict asserted that the statutes of the state violated the privacy of an

individual by making abortion seen as an illegal act or crime. The justices also concluded that

single people were also tied to this law, this propelled Roe case (Garrow & David 52). Roe

becomes the reflection of a changing time. Every state adopted the Roe ruling by the Supreme

Court and reciprocated through reforming the abortion law they had set. This happened in the

late 1960s and the healthcare personnel gunged up in court to overthrow the statutes some of

which had been established in the mid-1800s at the colonial times. In the year 1967-1973

Washington, Alaska, New York, and Hawaii revoked their abortion bans and other 13 countries

chose to enact limited reforms. Before Roe's lawsuits, others had challenged the criminal

abortion laws in court (Leigh et al. 29).

While in court, Roe case was found by the court that indeed it was constitutional right to

protect the pregnancy with all means. It was also concluded that the truth to confidentiality is not

supreme and the nation or state was to protect the maternal and any other potential life. The state

was only liable for protecting a woman's life and not prohibiting abortion after viability. In 1965,

the death rate resulting from the illegal abortion of pregnancy or childbirth culminated to 17%.

Currently, the death rates have decreased to less than 0.3%, fewer women are found to sustain

complications that might lead to hospitalization and the cases have declined gradually

(Blackmun & Justice 98). The risks of death resulting from abortion depend on the stage of

pregnancy such that it is more perilous when the fetus has fully developed and less dangerous

when pregnancy is just a few weeks old. The risks of death resulting from medication abortion,

as well as miscarriages through the 63years old gestation period, are one for every 100000

(Leigh et al. 29). Deaths due to childbirth are more prevalent as compared to that which is

associated with abortion. The need for understanding personal health has increased women's

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pursuance to education and job opportunities. In 1992, the Supreme Court justified that the

ability of a woman to control their reproductive lives increased the economic and societal life

(Garrow & David 52).

After the court had passed or ruled out Roe, the opponents of legal abortion arose and

urged the federal government as well as the state to pass laws that could strip away or abolish

abortion. More than three decades after the Roe verdict by the court, the supreme court engaged

in a serious decision on determining whether the abortion laws went against the woman's right to

confidentiality. Most of the limitations were unlawful but despite the court knowing this it

welcomes any challenge and asserted that low-income or young women should decide to end a

pregnancy (Blackmun & Justice 98). This was in the mid-1970s. It was required by the federal or

state that during abortion young individual should notify their parents, this, however, led to

banning on funding of the abortion. The challenge of the Supreme Court on Pennsylvania

abortion restrictions in 1992 raised several questions and tension some of the people thinking

that Roe ruling would be overthrown. However, the Court reassured and upheld Roe ruling

claiming that it would be unconstitutional to allow women have the personal privacy of medical

decisions. Regulations that were less than the complete exclusion on abortion did not succeed to

be ruled out in agreement with the court. The court ruling was that in order for a petitioner to

succeed in challenging the constitution the law should possess a purpose and substantially place

an impediment in the course of the woman wanting to do an abortion. This investigation holds

women from making several trips to the abortion providers and not facing any delays prior to

abortion time (Garrow & David 52).

In 2007, changes were made by the court to restrict women further on their personal

medical decisions concerning pregnancy. In a courtroom of five judges, they decided to uphold

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federal legislation criminalizing abortion called the Partial-Birth Abortion Ban Act 2003. This

Act does not exempt women's health as it would be committing a federal crime when performing

a second-trimester abortion. Since the court had to uphold the ban, it overruled an essential

element of Roe that it had previous clinked to that is the health of women should be the essential

concern in laws which restricts the abortion process or access (Leigh et al. 29). Since the

Supreme Court had loosened its concern on the ban, allowed the Congress to remove certain

second-trimester abortion procedures even if it believed to be safe, and protecting the interests of

the women. The court ruling and embracing the prohibition ban against abortion gave an

alarming decision even if the overrule was not direct. However, the court is portrayed to have

taken a liberal approach towards the state awareness that justifies abortion margins (Rubin & Eva

50).

From the discussion of the case, it is noted that the Supreme Court verdict of the case Roe

v. Wade was in favor of Roe such that, Roe was right and his argument stood to defend and

challenging the constitution in that the pregnant women should have the freedom to health

medical privacy. In case of life-threatening or risks that would endanger both mother and fetus,

abortion is necessary to save lives and keep one's health (Dellinger et al. 83).

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Works Cited

Blackmun, Justice Harry A. Roe v. Wade. 1973.

Dellinger, Walter, and Gene B. Sperling. "Abortion and the Supreme Court: The Retreat from

Roe v. Wade." U. pa. l. rev.138 (1989): 83.

Garrow, David J. Liberty and sexuality: The right to privacy and the making of Roe v. Wade.

Open Road Media, 2015.

Leigh, Andrew, and Justin Wolfers. "Abortion and crime." AQ: Journal of Contemporary

Analysis (2000): 28-40.

Rubin, Eva R. "Abortion politics and the courts: Roe v. Wade and its aftermath." (1982).

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