Ok, I know that Roe vs. Wade is one of the most important debates over abortion. But I basically know nothing else. Can anyone just give me a brief and general overview on it? If it is too complicated, that's ok. I was just a little curious. Thanks!
2007-08-22 12:36:52 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Roe v Wade was a US Supreme Court case that overturned EVERY abortion law in the US. If Roe v Wade was overturned, that in itself would NOT restrict abortion in any way. What it would do, is allow states to pass laws restricting or outlawing abortion. It actually IS that simple.
2007-08-22 13:41:57 · answer #1 · answered by STEVEN F 7 · 0⤊ 0⤋
The question is one of the right to privacy, which is an unenumerated right in the bill of rights. That means that it is not clearly spelled out in the constituion, but can be inferred from the other rights. The decision it self weighs the woman's right to medical privacy against the state's interest in protecting the public health (READ: the unborn child). In the first trimester the court found that the state's interest is at its lowest, but that might not be in Roe itself. The prevailing law on the issue does not come from Roe v. Wade, but from Planned Parenthood v. Casey, 50 U.S. 833, it is one of the most well thought out decisions in recent memory and contains brilliant writing by former justice Sandra Day O'Connor. Roe v. Wade is NOT the prevailing law on this issue. Read Planned Parenthood v. Casey after reading Roe, they are well written and there is nothing more you need to know, after all it is the law.
2007-08-22 12:53:56 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Basically, "Roe" was an anonymous name for the pregnant woman that the suit was filed on behalf of, and it started as a suit against the DA in the county (I believe it was Dallas County in Texas) whose name was Wade -- hence the name, Roe v. Wade. At the time, abortions were illegal and basically, the young woman, known in the court documents as "Roe," was pregnant as a result of a rape and didn't want to have to carry the child to term.
In a very complicated decision, the Supreme Court decided that the right to abortion was part of the right to privacy guaranteed by the constitution, and that the woman had a right to choose whether or not to have one.
2007-08-22 12:48:44 · answer #3 · answered by Hillary 6 · 1⤊ 1⤋
It is based on a "penumbra of rights" from which there eminates a "general" right to privacy of the body. It is a very convoluted decision, and I don't think anyone except the person who wrote it will ever understand it 100%. The wikipedia article is pretty good if you want an overview.
2007-08-22 12:46:41 · answer #4 · answered by Anonymous · 1⤊ 2⤋