Sunday, March 19, 2017

Roe v/s Wade

Tomorrow the Senate hearings for the approval of Justice Neil Gorsuch nominated by President Trump, to the Supreme Court begins. One question that's likely to be asked is his opinion on Roe v Wade. In fact, its the most debated question in the US legal system. While I had heard about it and knew a little about it, I did not have a clear idea about the exact case, its implications, its importance, ...


And to top it all, Freia mentioned that Roe, the person who initiated the case, had herself done multiple flip-flops on the issue. I didn't even know that it was a real person and that she still existed.
(She passed away last month on Feb 18.) This prompted me to do more reading on the subject and hence this blog. And for the record, I'm unconditionally pro-choice.


I think its important to understand Roe v Wade. Let's start with 'Roe v. Wade Fast Facts"

(CNN)
Here's a look at the US Supreme Court case Roe v. Wade.

Facts:
January 22, 1973 - The US Supreme Court, in a 7-2 decision, affirms the legality of a woman's right to have an abortion under the Fourteenth amendment to the Constitution.

1971 - The case is filed by Norma McCorvey, known in court documents as Jane ROE against Henry WADE, the district attorney of Dallas County from 1951 to 1987, who enforced a Texas law that prohibited abortion, except to save a woman's life.

The Case:
The Constitutional Question: Does the Constitution embrace the right of a woman to obtain an abortion, nullifying the Texas prohibition?

The ruling allows for legal abortions during the entire pregnancy, but set up conditions to allow states to regulate abortion during the second and third trimesters.

The Decision:
The Court held that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment. The decision gave a woman a right to abortion during the entirety of the pregnancy and defined different levels of state interest for regulating abortion in the second and third trimesters.

The ruling affected laws in 46 states.



http://www.cnn.com/2013/11/04/us/roe-v-wade-fast-facts/

And the Full-text opinions by the Justices can be viewed here.
http://caselaw.findlaw.com/us-supreme-court/410/113.html

For a quick visual summary of the case and its aftermath.




John Oliver's powerful take on the subject.




Roe changed her mind and became a spokesperson for a pro-life group.



Its interesting to hear what the Late Justice Scalia who was an opponent of the Roe v Wade ruling said on the subject.




And the question both sides of the debate are wondering, "Could Roe v Wade ever be overturned. Here's a 2 minute take of the the Wall Street Journal.



I'd like to end on a positive and optimistic note.

"About seven-in-ten Americans oppose overturning Roe v. Wade"

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