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Wednesday, May 18, 2022

cry v. Wade: a look at history, current opinion and statistics

On May 2, a breach of secrecy and secrecy of the Supreme Court occurred when Politico received a draft of the majority opinion, written by Justice Samuel Alito, in Roe v. Wade’s federal constitutional right to abortion.

Politico’s opinion on the matter is not expected to be published until the end of June. The court confirms the document’s authenticity on May 3 but insists it is not a final decision.

a brief timeline

June 1970: A Texas district court ruled that the state’s abortion ban was illegal because it violated a constitutional right to privacy. Roe is actually Norma McCorvey, who went to court against Dallas County District Attorney Henry Wade. Wade announced that he would continue to prosecute doctors who performed abortions. The matter was eventually appealed to the US Supreme Court, and McCorvey gave birth to the child and placed the child up for adoption.

1971: The Supreme Court agrees to hear the case filed by Roe against Wade. Wade was ignoring the legal ruling and both sides appealed.

December 13, 1971: The matter was heard in the US Supreme Court.

October 11, 1972: The case was heard before the US Supreme Court.

January 22, 1973: The US Supreme Court, in a 7-2 decision, upholds the validity of a woman’s right to an abortion under the 14th Amendment to the Constitution.

Court’s decision of 1973

The court divided the pregnancy into three trimesters and declared that the choice to terminate the pregnancy in the first trimester was entirely up to the woman. In the second trimester, the government may regulate abortion, although it cannot be restricted, to protect the health of the mother.

In the third trimester, the state may prohibit abortion to protect a fetus that can survive on its own outside the womb, except when a woman’s health is at risk.

What does the 14th amendment say

The 14th Amendment to the US Constitution was ratified in 1868, during the Reconstruction era, to end slavery and establish civil and legal rights for black Americans. The third clause, “nor shall any state deprive any person of life, liberty or property without due process of law,” expanded the Due Process Clause of the Fifth Amendment to apply to states as well as the federal government.

Over time, the Supreme Court has interpreted this section to guarantee a wide range of rights against violation by states, as well as the right to privacy and other fundamental rights not mentioned elsewhere in the Constitution.

switch sides

In 1997, McCorvey started Roe No More, an anti-abortion outreach organization that was dissolved in 2008. She was received in the Catholic Church in 1998.

In 2003, McCorvey filed a motion with the federal district court in Dallas to overturn the case and ask the court to consider new evidence that abortion harms women. The proposal was rejected in 2004.

Shortly before his death on February 18, 2017, McCorvey was interviewed for the documentary “AKA Jane Roe”, which was to be released in 2020. McCorvey told the film’s director that she had not changed her mind about abortion, but became anti-abortion. worker because he was being paid.

There are conflicting views about how he felt about the issue from multiple sources.

Today’s Arguments

The leaked documents were about the constitutionality of a 2018 Mississippi state law in Dobbs v. Jackson of the Women’s Health Organization that bans most abortion operations after the first 15 weeks of pregnancy. Lower courts have halted the enforcement of the law with a preliminary injunction.

Oral arguments were given before the Supreme Court in December 2021. A final decision is expected in June or July. Currently, six of the nine Supreme Court justices are conservative.

legal or illegal?

The chart below is from a Pew Research Center survey conducted March 7-13. The percentage of US adults who say abortion should be…

cry v. Wade: a look at history, current opinion and statistics

The following figures are from the Guttmacher Institute, founded in 1968 as a research and policy organization committed to advancing sexual and reproductive health and rights around the world.

cry v. Wade: a look at history, current opinion and statistics

Sources: Associated Press, History.com, The Pew Research Center, Guttmacher.org, Focus on the Family

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