Roe v. Wade was a Supreme Court Case filed by Norma McCorvey, a Texas resident. Roe v. Wade, a Supreme Court decision that provided support for women’s constitutional right to choose abortion, stands as a significant moment in the ongoing struggle for reproductive rights, challenging societal norms and reshaping the legal framework surrounding women’s rights. Before Roe v. Wade, women had no right to decide what to do with their bodies. Many women performed unsafe abortions which cost their lives. The Roe decision led to increased reproductive and health rights for women.
There were many different abortion laws before the passing of Roe v. Wade. For the most part, states did not allow abortion before the case. In 1847, Doctors established the American Medical Association (AMA). The organization was composed of mostly male doctors who lacked reproductive health knowledge. They advocated against abortion and believed that doctors should have the power to decide whether or not to perform abortions on women. By 1910, Abortion was banned nationwide by states. They had some exceptions like saving a patient’s life. However, most of the doctors were men who were against abortion and did not have enough knowledge about the female reproductive system. However, in the 1930s, many women were given unsafe, illegal abortions, accounting for 2,700 deaths of women in 1930. Almost 18% of these deaths were shown to be maternal deaths (Planned Parenthood).
The case began when a pregnant woman, Norma Corvey, known as “Jane Roe,” challenged the constitutionality of Texas abortion laws. Norma Corvey, an unmarried and pregnant woman living in Dallas County, Texas, went to a licensed physician to perform an abortion. Because her life did not seem “threatened” by the pregnancy, it was illegal for her to get an abortion in the state of Texas. Sbe began fighting for her reproductive rights. In Roe v. Wade, the argument revolved around a woman’s right to privacy to their bodies as protected under the Constitution. The argument was that the state laws violated her right of personal privacy: First, Fourth, Fifth, Ninth, and Fourteenth Amendments. The Fourteenth Amendment prohibits the federal government from taking someone’s right to “life, liberty, or property, without due process of law” regardless of their race, gender, and religion, and the Fifth Amendment protects people’s privacy rights. The court concluded that Article 1196 was unconstitutional; they struck down the Texas abortion laws. The U.S. Reports for Roe v. Wade states, “Our conclusion that Art. 1196 is unconstitutional means, of course, that the Texas abortion statutes, as a unit, must fall.” However, the justices gave the state the right to place restrictions on abortion, giving the states the right to prohibit abortion, except if a life is in danger. In the dissenting opinion of Roe v. Wade, Justice Byron White and Justice William Rehnquist, expressed problems regarding the majority’s interpretation of the Constitution and the legal reasoning behind the decision. Rehnquist argued that the Fourteenth Amendment protects rights outside the Bill of Rights, but only “deprivation without due process of law.” He states that the Fourteenth Amendment should not take states’ powers away from making legislation regarding certain topics such as abortion, as the Fourteenth Amendment did not mention anything about the topic. He believed that the protection of privacy referred to search and seizures without a warrant.
After Roe v. Wade was passed, the fight for women’s reproductive rights did not stop. Many other laws and court cases happened. One court case was Planned Parenthood v. Danforth (1976). It was decided that there should be no law that requires women to have consent for abortion, which made it easier for women. Before the decision, women had to have consent from their husbands to have an abortion. The path taken to Roe v. Wade was not an easy one. Many deaths occurred because of the illegality of abortions. States created laws to make abortion illegal, making many women angry for taking away their rights to choose what to do with their bodies.
Jane Roe (Norma McCorvey) was not legally allowed to have an abortion due to Texas state laws. The case was brought to the Supreme Court and the majority opinion was that Texas abortion laws were unconstitutional under the Fourteenth Amendment’s Equal Protection Clause and Privacy Rights. The Equal Protection Clause states that states are not allowed to deny anyone their civil rights, and abortion laws are discriminatory to women. Norma McCorvey, and Jane Roe, turned pro-life after fighting for the rights of women around the country. What was interesting is that she believed people suffer more when getting an abortion (U.S. Senate Committee on the Judiciary, 2005). Although Roe v. Wade was recently overturned by Dobbs v. Jackson Women’s Health Organization, it helped shape public discourse and activism for women’s rights. It gives women today the motivation to continue fighting for their reproductive rights. Some states protect women’s abortion rights with their state constitutions. After Roe v. Wade was overturned, many states restricted or banned abortion, taking away women’s rights after years of protection.
The easiest part of the research process was finding secondary sources, and the hardest part was understanding the primary sources because they were official court documents. The skills I learned from this project were writing organization, making a presentation, learning how to obtain research information, and public speaking. The outline and brainstorming helped me organize my writing assignment and made the presentation process easier. Learning how to make an organized and proper presentation is helpful in my future career. These skills will help me with public speaking and presenting in the future. I was successful in the project, and I was thankful for the sources I was given.