Case Study 1 Understanding the Court System

UNDERSTANDING THE COURT SYSTEM
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Roe v. Wade
In 1973, the US Supreme Court declared its landmark decision on Roe v. Wade. It overturned the interpretation of the abortion laws in Texas, thereby legalizing abortion all over the US. Roe v. Wade is considered as a changing point the procreation rights of women and had been a critical issue in the politics of the United States since then. It was primarily held in Roe v. wade that the women had the liberty to opt for abortion in the initial months of pregnancy, in light of her right to privacy, without any legal repercussions to endure. However, there can be restriction in the later trimesters.
Facts
Texan Norma McCovey was a 22-year-old, working class, unmarried woman who sought to terminate her unwanted pregnancy. Where as in Texas, abortion was considered illegal under statue unless it was performed in order to save the life of mother. On advice of her attorneys, she challenged the Texas law. for protection of her identity, she used an anonymous name, Jane Roe and filled a case against the County District attorney Henry Wade. He was the official for implementation of criminal laws along with the antiabortion laws. The lawsuit asserted that the statues are not constitutionally void and infringes upon her right of privacy as provided by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. She challenged the statue and sought for injunction to carry out her abortion.
Although the district court agreed that the laws were not constitutionally valid and infringed her right to privacy in the ninth and fourteenth amendments, but it refused to grant her an injunction to go forward with her abortion. The case was then presented in the US supreme court and was heard along with the Doe v. Bolton that challenged Georgia statue.
Constitutional Issues
In Roe v wade is it argued that the Texan law of abortion are in violation to the Fourteenth and Ninth Amendments of the constitution. The issue before the court was to determine wither the relative statute inappropriately violated the plaintiff’s right to terminate her pregnancy in light of the personal freedom assured by the due process clause of the fourteenth Amendment, in the private, familial and procreating privacy through the bill of rights and right of the people in light of the Ninth Amendment.
In the previous with respect to the abortion only the violation of the Fourteenth amendment was bring forth asserting that the statue was not particular enough to in which circumstances women life might be considered as threatened by pregnancy. Since in the present case, focus was on the liberty given to pregnant women to decide whether the abortion is important or not. According to the argument, in line of the ninth amendment, it was asserted "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." On contrary, the state asserted that the fetus should be considered as a person who also has individual rights.
Jurisdiction of the case
The case was decided in the United States supreme court as it was a challenging the constitutional right. The case was presided by a be...