Nicola Gordon

Pd.5

Mr.Billing

American History
Roe & Casey

How come when its us, its an abortion, and when its a chicken, its an omelette? asked
by an award winning stand-up comedian, George Carlin. ("Quotes About Abortion." (121
Quotes). N.p., n.d. Web. 03 Dec. 2014.)Not saying we should turn to cannibalism but Carlin
was poking fun at how we value life and how we allow people to make that decision , including
the Supreme Court. Many controversial topics have been brought up but only a few the Supreme
Court has looked into.For example the Roe vs Wade(1973) and Casey vs The Southern Planned
Parenthood(1990).These two specific subjects dealing with abortion , These caught the judges
attention because it questioned or seem more like it tested the 1st and 14th amendment in the
constitution. The first amendment obviously right to have their own privacy and speech.The 14th
dealing with reproductive rights.When this case was chosen ,many constitutional question were
asked. Did States have a compelling and overriding interest in regulating the health, safety, and
morals of the community? Was there an area of personal, marital, familial, and sexual privacy
protected by the Bill of Rights? Was the Texas law an unreasonable invasion of privacy, or was it
a reasonable exercise of the police power? Were women permitted to terminate pregnancies at
will, or were fetuses persons with rights to be protected by the State?(Infoplease. Infoplease,
n.d. Web. 03 Dec. 2014.)
The Roe vs Wade case in 1973 created a huge impact on the world and
women's decisions.The main question was Does the Constitution embrace a woman's right to
terminate her pregnancy by abortion?("ROE v. WADE." Roe v. Wade. N.p., n.d. Web. 3 Dec.
2014.) Norma l MCcorvey found herself pregnant with a child and wanted an abortion.Her

friends told her to report it as a rape so it was legal to abort the child but there were no police
reports so her plans for the termination of the unborn child was delayed.In Texas was a strict
about abortion and Roe felt threatened with her rights and got a lawyer.Texas only allowed
abortion if was an rape or incest case. Before the Judges didn't really consider Norma aka Jane
roe because they were dealing with a similar case Doe vs Bolton. The Roe vs wade case finally
reached the court.Roe was in her first trimester which scientists say the child isn't technically a
life just a yet. During this time there is no scientific doubt that the developing fetus is incapable
of any form of conscious awareness. The fetal brain does not begin to develop until 3-4 weeks
into the pregnancy, at which point it is little more than a hollow tube filled with dividing
neurons. ("What Can Science Add to the Abortion Debate?" The Brain Bank Manc. N.p., n.d.
Web. 03 Dec. 2014.). This here explains the logical thinking of abortion but there are also
mental effects that could happen but most of these conditions such as depression, suicidal
behavior and anxiety could just come from either the attachment to the child and to the lack of
the support allowing negative reactions to occur to the women and could be easily confused that
the abortion of the child has causes these many symptoms.There is also a religious outlook to
abortion which usually got into the direction of pro- life.Most religious people believe that life
begins at the moment of conception .That silent voice has a spirit and personality already
ingrown as it forms, believing that at any stage of pregnancy terminated is a murder. Oral
arguments were made throughout the court So, a pregnancy to a woman is perhaps one of the
most determinative aspects of her life.It disrupts her body.It disrupts her education.It disrupts her
employment.And it often disrupts her entire family life.("ROE v. WADE." Roe v. Wade. N.p.,
IN iN n.d. Web. 03 Dec. 2014.) Ms Weddington making her argument saying that many women
have wanted to terminate their pregnancy but was stopped by the Texas law.She went on to

continued to say that roe and doe represent all the women who wish they stood up to the
court.She went to talk about the the case Doe ,A married couple wanted to get an abortion
because of her medical condition would endanger her health if she got pregnant .She stated the
Texas law is suppose to protect id the life is threatened or near to death yet she was still turned
down. Weddington made a statement saying that Texas law was vague.In the other argument
against roe stated Once pregnancy has started, certainly this is not the kind of injury that can be
later adjudicated.It is not the kind of injury that can later be compensated by some sort of
monetary reward.These women who have now gone through pregnancy and the women who
continue to be forced to go through pregnancy have certainly gone through something that is
irreparable, that can never be changed for them.("ROE v. WADE." Roe v. Wade. N.p., IN iN
n.d. Web. 03 Dec. 2014.)The opposing force that stood that it would eventually affect her
mentally and nothing could cure mental illness especially for a mother who killed her child. In
the end the courts decision went into Normas favor By a vote of 7-2, with Justices White and
Rehnquist in dissent, the Court agreed with Roe and upheld her right to terminate a pregnancy in
the first trimester (90 days). The Court observed that Section 1 of the 14th Amendment contained
three references to person. In his majority opinion, Justice Blackmun noted that, for nearly all
such references in the Constitution, use of the word is such that it has application only
postnatally. None indicates, with any assurance, that it has any possible prenatal application.(
Infoplease. Infoplease, n.d. Web. 05 Dec. 2014).Even before the case was finished roe had her
child during the trial and gave it away for adoption and once a girl for pro-choice is now going
for pro-life.
Though the case was concluded another small issue pops up.Casey vs. The
Southern Planned Parenthood in 1990.In 1982 they made alw of how a minor would have to get

the permission from one guardian and on top of that would have to wait 24- hours before doing
anything .They said waiting for 24-hours was unconstitutional .Many people questioned
wondered if this case would overturn the whole roe vs Wade decision. The.The main question
was Can a state require women who want an abortion to obtain informed consent, wait 24
hours, and, if minors, obtain parental consent, without violating their right to abortions as
guaranteed by Roe v. Wade? ( Infoplease. Infoplease, n.d. Web. 05 Dec. 2014).Then another
girl wants to terminate her pregnancy but is delayed by the law.During the argument once again
they reference back to doe and rose cases and stated how the wife had to produce evidence that
her husband allows her to get the abortion . In particular, the lower court found that the
mandatory husband notification provisions will have dangerous and potentially deadly
consequences for battered women, likening force notification in a battering situation to providing
the husband with a hammer with which to beat his wife.("PLANNED PARENTHOOD v.
CASEY." Planned Parenthood v. Casey. N.p., n.d. Web. 08 Dec. 2014.)They included another
issue, if the woman was abused , if the husband made the decision it might endanger her health if
she tried to get a permission .Another situation they brought up is how thousands of women died
from unpractical and unprofessional abortions because they went behind the law,which is the
reason they went on the side during the 1973 Roe vs Wade case.Then once again the justices
made their decision again . In a bitter, 5-to-4 decision, the Court again reaffirmed Roe, but it
upheld most of the Pennsylvania provisions. For the first time, the justices imposed a new
standard to determine the validity of laws restricting abortions ("PLANNED PARENTHOOD v.
CASEY." Planned Parenthood v. Casey. N.p., n.d. Web. 08 Dec. 2014.) The judges finalized that
the 24 hour wait was unconstitutional and that a woman could get an abortion is the child was in
the stage where it was still unborn.

No woman can call herself free until she can choose consciously whether she will or will
not be a mother. was said by the near founder of planned parenthood,Margaret Sanger.("Quotes
About Abortion." (121 Quotes). N.p., n.d. Web. 10 Dec. 2014.)This quote expressing the
woman's right to control her own body and having the right as much as any other citizen .The
supreme court had and will deal with many more critical cases that will change people
lives.Through their analyzation and good judgment and fact we are living in a just world
.There are many other problems that haven't been spoken up about yet but soon more people will
step up and say that something went wrong and make society and america better.