Roe v. Wade by huangyuarong


									Abortion and the Right to

EQ: Does the Constitution protect
       a right to privacy?
              Right to Privacy
     shouldn’t intrude
     into fundamental
    personal issues and
   U.S. Constitution does not
    explicitly state a right to
   BUT…Supreme Court has
    found an implied right to
    privacy in Const.
                  Where’s Waldo?

   Can you find the right
    to privacy in the first
    10 amendments?
                      Right to Privacy
Supreme Court found right to privacy is implicitly guaranteed in
 1st (privacy of beliefs)

 3rd & 4th (privacy of home)

 5th (privacy of personal info)

 9th (we have other rights not specifically listed)

 14th amendments (states can’t deprive us of liberties)

 They cast a “penumbra” (shadow) granting right to privacy

 Privacy has changed from being location-based (the home) to
 constitutional privacy right has been cited to:
       overturn a ban against interracial marriage
      to allow individuals to possess obscene matter in their own homes (porn)
      to allow distribution of contraceptives
      overturn anti-sodomy laws
 So what does the right to privacy
    have to do with abortion?
 "Every time a
 governmental system
 decides what I should do
 with my body, I become
 less of a human being.
 This country's freedoms
 do not stop at my voice,
 but extend across every
 cell of my body and every
 part of my soul.“
— Dakia Davis
                 Background Info
As the sexual revolution took hold in
the second half of the twentieth
century, women faced great
difficulty getting abortions. At the
time, many states had outlawed
abortion except in cases where the
mother’s life was in danger. Illegal
abortions were often dangerous
because they were performed in
unsanitary conditions. As people’s
ideas about sexual freedom
changed, women gained greater
access to birth control measures,
but public pressure to change
abortion laws also increased. A
number of states relaxed their
abortion laws so that women living
in states that outlawed abortion
could travel to another state for an
However, poor women often
could not afford to travel
outside their state to receive
treatment, raising questions
of equality. Laws were often
vague, so that doctors did
not know whether they were
breaking the law by
providing an abortion. In
addition, some people began
to question whether the
government should be able
to interfere with people’s
decisions in sexual
matters. They believed that
laws banning birth control
and abortion were an
invasion of privacy.
    Griswold v. Connecticut
   Supreme Court ruled that a
    Connecticut law outlawing
    access to contraception
    violated the U.S. Constitution
    because it invaded the
    privacy of married couples to
    make decisions about their
   identified privacy as a
    fundamental value for the
    American way of life, and for
    the other basic rights
    outlined in the Bill of Rights.
                    Roe v Wade
Jane Roe was an unmarried and
pregnant Texas resident in 1970.
Texas law made it a felony to abort
a fetus unless “on medical advice
for the purpose of saving the life of
the mother.” Roe filed suit against
Wade, the district attorney of
Dallas County, contesting the
statue on the grounds that it
violated the guarantee of personal
liberty and the right to privacy
implicitly guaranteed in the First,
Fourth, Fifth, Ninth, and
Fourteenth Amendments. In
deciding for Roe, the Supreme
Court invalidated any state laws
that prohibited first trimester
               Your Task…

1.   Understand and classify the arguments
     in Roe v. Wade
2.   Analyze and be able to explain the
     Court’s decision

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