Roe v. Wade - Politics in the 1970's

            On December 17, 1971, a pregnant, single woman named Norma L. McCorvey (Jane Roe) challenged the constitutionality of Texas abortion laws, which proscribe procuring or attempting an abortion except on medical advice for the purpose of saving the mother’s life ("Roe v. wade," ). She argued that the law was unconstitutional and that she could not afford to go out of state of Texas to have an abortion. The lawsuit was filed against the Dallas County District Attorney, Henry Wade. This case was filed in a Texas federal court, which ruled the law was a violation of the Constitution. Wade took this case to the Supreme Court.

Throughout the next two years, the Supreme Court reviewed this case. In 1973 the court ruled that the law was unconstitutional. Justice Harry Blackmun, who had previously been a counsel to Mayo Clinic, ruled that it violated Jan Roe’s privacy that is protected by the First, Fourth, Ninth, and Fourteenth Amendments. Marriage, contraception, and child rearing activities are all protected by an individual’s zone of privacy. This zone of privacy also covers a women’s, in this case Jan Roe’s decision, to decide if she wants to terminate her pregnancy due to physical, psychological, and economic issues pregnancy causes for the mother. It forbade states from restricting any aspect of abortion during the first trimester of pregnancy. It only gave the, the ability to regulate anything related to maternal health during the last two trimesters. It also gave them the ability to protect the fetus in the third trimester by setting abortion laws during that period. Prior to the court’s ruling, the majority of the states banned or regulated abortion. The zone of privacy is protected by the Constitution, not the states regulation. This makes it difficult to regulate any form of abortion law.

Roe v. Wade is one of the most recognizable of Supreme Court decisions because it split the nation politically. It caused what is known as the culture wars, violence, and political debates even today. It created more controversy than any other recent Court case before it, and the controversy has continued throughout the years, even now. You can see this in politics today, such as the Presidential debates today. This court case has had a lasting impact on America, and continues to be challenged. It is still intensely debated because no other Court case has dealt with ethics, religion, and biology all in one case. Critics say that the Court legalized the murder of human life, they also argue that Roe had poor reasoning and caused repercussion dealing with abortion rights. People who are in defense of the Court’s decision of this case agree that she was right in defending her personal freedoms and privacy rights.