...Roe v. Wade In the controversial case, Roe v. Wade, a pregnant woman who was given the name Jane Roe to hide her identity attempted to get an abortion but they were illegal in Texas so she sued the state for invasion of privacy. Roe's real name is Norma McCorvey; she raped and became pregnant. In 1969, when she moved back to her home state, she was denied an abortion on grounds that her health was not threatened. She had given up searching for a safe clinical abortion when two lawyers contacted her about her story. These lawyers were Linda Coffee and Sarah Weddington. John and Mary Doe, a couple that had offered their services in a previous abortion case, approached Coffee and Weddington who quickly included them in the case. Coffee and Wellington made a perfect couple of lawyers to head up the fight against the District Attorney of Texas, Henry Wade. Henry Wade chose one of his most capable lawyers, John Tolle, to defend him in this suit. Coffee and Weddington went off the argument that, "A woman is guaranteed the right to an abortion by her constitutional right to privacy. No state could interfere with a woman's decision to have an abortion which was a private matter." They based this on the first, fourth, fifth, eighth, ninth and fourteenth amendments. The first amendment protects a person's right to freedom of speech, which had been violated when a doctor was not aloud to talk to their patient about all forms of treatment. Coffee and Weddington stated that the fourth...
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... DR. BRUCE FARCAU Abortion was illegal until Jane roe sue the state of Texas and won then all fifty states abortion laws was overturn by the supreme court that make it legal to have abortion. In 1970 Jane roe find that she was pregnant and wanted to have an abortion but it was illegal in the state of Texas, so she sue the state under an alias affidavit with the district court with her inability to obtain an abortion legally in the state of Texas. The courts heard argument twice on the matter before making their final ruling in 1973. In 1973 abortion became legal by the supreme court with a seven to two ruling with justice Harry Blackmun writing the decision for the majority. The decision written by justice was based on a residual right to privacy. This decision was also base on two cases , one reform Texas where abortion was illegal and can only be perform when the mother’s life is at risk and the other in Georgia were the mother have to get the permission from doctors and the hospital board while establishing the right of an abortion. This give the state the right to intervene in the second and third trimester of pregnancy to protect the life of the mother and the unborn child. Denounce by the national council of bishop this give rise to the anti-abortion movement The case implied the right to privacy under the 1, 3,4,5,9 and 14th amendments. This also implied that a woman...
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...Constitutional Law II Tebbe Spring 08 4 Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate...
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