BVR & ASSOCIATES
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES

a collections of case digests and laws that can help aspiring law students to become a lawyer


Roe vs Wade, 410 US 113

6/19/2020

0 Comments

 

ISSUE: 
Whether or not a woman’s right to privacy as protected by the constitution includes the right to abort her child. 

FACTS: 
This is an appeal of the decision of a US District Court in Texas, which granted the declaratory relief prayed for by the plaintiff who challenged the constitutionality of the Texas Criminal abortion laws; but denied issuing an injunction against enforcement of such statutes.             In 1970, Norma L McCorvey ( “Jane Roe” ), a pregnant single woman (allegedly  a result of rape), filed a suit against the defendant, District Attorney Henry Wade questioning Texas State Laws which proscribe procuring or attempting an abortion except on medical advice for the purpose of saving the mother’s life. She argues that said laws are unconstitutionally vague and that they abridge her right of personal privacy as guaranteed and protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments. Later, she amended her complaint as to represent or sue “ on behalf of herself and all other women similarly situated;” thereby becoming a class suit. 

DECISION:  Yes 
 

RATIO DECIDENDI: 
 The “right of privacy x  x  x  is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy. We therefore conclude that the right of personal privacy includes abortion decision, but that this right is not unqualified and must be considered against important state interests in regulation.”             “A state criminal abortion statute of the current Texas type that exempts from criminality only a lifesaving procedure on behalf of the mother, without regard to pregnancy stage and without recognition of the interests involved (such as liberty interests), is violative of the Due Process Clause of the Fourteenth Amendment.”  
0 Comments



Leave a Reply.

    Archives

    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES