@BrhannadaArmour
I appreciate your interest on this subject and your perspective on abortion and the long-standing stigma and pain experienced by women everywhere.
Regarding the case's date issue -- In fact the case began in 1970 when “Jane Roe”—a fictional name used to protect the identity of the plaintiff, Norma McCorvey ,instituted a federal action against Henry Wade, the district attorney of Dallas County, Texas, where Roe resided. The Supreme Court disagreed with Roe’s assertion of an absolute right to terminate pregnancy in any way and at any time, and attempted to balance a woman’s right of privacy with a state’s interest in regulating abortion.
Regulations restricting "basic rights," such as privacy and the freedom to make decisions for her body and mind, are justified by a "compelling state interest."
Repeated challenges since then and again in 1973 narrowed the scope of Roe v. Wade but did not overturn it. The case came again for hearing in 1992, the Supreme Court established that restrictions on abortion are unconstitutional if they place an “undue burden” on a woman seeking an abortion before the fetus is viable. There were consequential hearings for and against abortion in the USA court.
A few facts about this case , previous and present --
The Appellant in the present case was Norma McCorvey (named Jane Roe in court documents !!). Jane Roe was a pregnant woman who wished to obtain an abortion. She approached the Texas District Court on behalf of her and other related women in 1969 to prevent the enforcement of Texas laws that criminalize abortion except that were performed for saving a woman’s life.
The case was filed under the 1st, 4th, 5th 9th and 14th Amendments.
At that time, abortion could legally be undertaken in Texas only when it was medically advised by the doctors, to save the life of the pregnant woman. On this basis, Roe was not permitted to have an abortion, as there was no threat to her life. She pleaded it as an unwanted invasion of her right to privacy granted under the fourteenth amendment of the U.S. Constitution.
Previously, she had given birth to two children, but they were given up for adoption. She wanted to terminate her third pregnancy. There were two options with Roe, either to travel to the places where it was safe and legal to abort, or to pay hefty fees to doctors for performing the abortion secretly.
Since Roe was an impoverished woman with a weak financial status, either of the options was not feasible. She was even unsuccessful in getting an illegal abortion.
Therefore she approached the Court demanding the right to abort her third child. In 1970, the District Court of Texas ruled that the abortion laws were illegal, and they inherently violated the constitutional right to privacy under the ninth and fourteenth amendment. It further ruled that the Statute was vague, unconstitutional, and infringed the Appellant’s Ninth Amendment rights.
Hence, keeping in mind all the aspects, the Court ruled that the right to privacy extends to the woman’s right to control her pregnancy. The right to abortion was a fundamental choice of women protected under the fourteenth amendment of the U.S. Constitution.
Interestingly, many people believe that Roe’s case legalized abortion. However, that’s not the case. Roe’s case created a framework for striking a balance between the rights of women and the State. It led to the determination of the State’s limit to interfere in the women’s right to abortion under the right to privacy.
Due to differing opinions on this subject, the US abortion policy was altered in 1980,1992 and again in 1998, which altered countless lives. Then the US Supreme Court's Roe vs. Wade decision in 1998 acknowledged that women could only participate freely and equitably in society if they could have the freedom to make autonomous pregnancy decisions.
The decision struck down many federal and state abortion laws and fueled an ongoing debate in the United States about whether, or to what extent, abortion should be legal, who should decide the legality of abortion, the involved childbearing lady or the country's judiciary?!
Edited by Viswasruti - 3 years ago
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