Row v. Wade (1973)
Row v. Wade is arguably the most famous and controversial Supreme Court case. The implications of the decision have created splits between various religious beliefs, rights of women, and even questioning "what is life?"
In 1970 a suit was filed in a U.S. District Court in Texas for Norma McCorvey (better known as Jane Row). Ms. McCorvey claimed to be pregnant from being raped. The suit was against the State of Texas, and the defense was handled by Dallas District Attorney Henry Wade. The suit was to press Texas into granting permission for Ms. McCorvey to have an abortion. The State Court decision ruled against granting the abortion, based in part on an interpretation of the Ninth Amendment of the Constitution.
Row v. Wade reached the Supreme Court on appeal. Attorney Sarah Weddinton represented Row and Texas Assistant Attorney General Robert C. Flowers replaced Wade as representing the State of Texas. The case went through oral arguments in 1971, with no decision made. The case was reargued in 1972 as two new judges had joined the Supreme Court in the interim - William Rehnquist and Lewis F. Powell, Jr.
The court issued a decision on January 22, 1973. The 7-2 decision supported the plaintiff, Norma McCorvey (Jane Row). The court viewed abortion as a fundamental right under the Constitution. The decision in part rested on the rights conferred by both the Ninth and Fourteenth Amendments, that "right to privacy" includes a woman's decision to terminate pregnancy.
Row v. Wade is controversial in that it conflicts with "right to life" as followed by a majority of religious beliefs, primarily Christianity's varied denominations. In the view of the religious, abortion is essentially the same as murder. Even an unborn fetus is a "life." The interpretation of this has been under scrutiny as to when life actually starts - at conception, at some point of fetus development, and so on. Also there is debate over the trimesters of a pregnancy and at what point it might be reasonable for an abortion to be allowed for an unwanted pregnancy - such as no later than the during the first trimester. There are many opinions on the whole matter and at a point in our history has led to violence as abortion clinics became targets of vandalism and attack in the 1970s and later. Some doctors who performed abortions, even though legally, were attacked and even murdered.
When a Supreme Court justice seat opens, the party in power tries to place a judge on the court that supports the party's view of "right to life" or "right to choice." Republicans support right to life, and therefore wish to overturn Row v. Wade. Democrats support a woman's choice.
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In 1970 a suit was filed in a U.S. District Court in Texas for Norma McCorvey (better known as Jane Row). Ms. McCorvey claimed to be pregnant from being raped. The suit was against the State of Texas, and the defense was handled by Dallas District Attorney Henry Wade. The suit was to press Texas into granting permission for Ms. McCorvey to have an abortion. The State Court decision ruled against granting the abortion, based in part on an interpretation of the Ninth Amendment of the Constitution.
Row v. Wade reached the Supreme Court on appeal. Attorney Sarah Weddinton represented Row and Texas Assistant Attorney General Robert C. Flowers replaced Wade as representing the State of Texas. The case went through oral arguments in 1971, with no decision made. The case was reargued in 1972 as two new judges had joined the Supreme Court in the interim - William Rehnquist and Lewis F. Powell, Jr.
The court issued a decision on January 22, 1973. The 7-2 decision supported the plaintiff, Norma McCorvey (Jane Row). The court viewed abortion as a fundamental right under the Constitution. The decision in part rested on the rights conferred by both the Ninth and Fourteenth Amendments, that "right to privacy" includes a woman's decision to terminate pregnancy.
Row v. Wade is controversial in that it conflicts with "right to life" as followed by a majority of religious beliefs, primarily Christianity's varied denominations. In the view of the religious, abortion is essentially the same as murder. Even an unborn fetus is a "life." The interpretation of this has been under scrutiny as to when life actually starts - at conception, at some point of fetus development, and so on. Also there is debate over the trimesters of a pregnancy and at what point it might be reasonable for an abortion to be allowed for an unwanted pregnancy - such as no later than the during the first trimester. There are many opinions on the whole matter and at a point in our history has led to violence as abortion clinics became targets of vandalism and attack in the 1970s and later. Some doctors who performed abortions, even though legally, were attacked and even murdered.
When a Supreme Court justice seat opens, the party in power tries to place a judge on the court that supports the party's view of "right to life" or "right to choice." Republicans support right to life, and therefore wish to overturn Row v. Wade. Democrats support a woman's choice.
Read more: