[January 22, 1973, decision 7-2]
Jane Roe [a pseudonym for Norma McCorvey] was 21 years old and pregnant with her third child. She desired to terminate her pregnancy but Texas law did not permit abortion, except to save the mother's life. Henry Wade was the Dallas County District Attorney, representing the State of Texas.
The Supreme Court ruled that a woman's right to an abortion fell within the right to privacy (recognized in Griswold v. Connecticut) protected by the Fourteenth Amendment, but must be balanced against the state's interests in regulating abortions: protecting women's health, and protecting the potentiality of human life. The state's interest became stronger as the pregnancy developed. The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the second and third trimesters. As a result, the laws of 46 states were affected by the Court's ruling.
The baby was born prior to the Supreme Court decision - a girl who was surrendered for adoption shortly after birth. Her identity is unknown. Norma McCorvey became a Christian and a member of the pro-life movement in 1995, She supported making abortion illegal until her death in February 2017.
Planned Parenthood v. Casey
[1992, decided 5-4]
A woman is still able to have an abortion before viability, but several restrictions are now permitted during the first trimester. The strict trimester framework of Roe is discarded and replaced with the undue burden test. The new standard asks whether a state abortion regulation has the purpose or effect of imposing an "undue burden," defined as a "substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability."
Did you guess right?
Here's Friday's hint - X is for Death [okay, work with me on this =) ]. There are several cases. Can you guess one of the cases and what it's about? Leave a comment!
It's interesting how McCorvey became pro-life after being linked to this court decision.
ReplyDeleteW is for the Watergate Scandal
I thought that was interesting also. And she just passed away two months ago! I didn't know that.
DeleteHey, a case I've heard of! :) Yes, that is odd that the person we associate with the whole abortion rights thing turned against it. I can see why that detail isn't something they teach in history class.
ReplyDeleteDiscarded Darlings - Jean Davis, Speculative Fiction Writer, A to Z: Editing Fiction
Congratulations that it's a case you've heard of! And yes, there's a lot of things they don't teach in history classes =)
DeleteWow, I knew something you didn't, Dena (now there's a first!). The death of McCorvey made the news here so I read about the case as part of her obituary/story.
ReplyDeleteLOL this reminded me of Carol Kane in Scrooged - "I know something you don't know!" [I love that movie. We watch it every year on Christmas Eve.]
DeleteI have to tell you how much I enjoyed these posts. I didn't comment on every one, but I read them. And I LEARNED a lot! Thank you for putting them together. :)
ReplyDeleteCalen~
Impromptu Promptlings
A to Z Challenge Letter W
Thank you for letting me know you enjoyed my posts. I'm with you on the "read but no time to comment". I try to comment on everyone's blogs every day of the challenge, but sometimes life gets in the way. Good luck on the last two days!
DeleteYes, it's fascinating that she became part of the pro-life movement. It's equally fascinating that she passed away only two months ago. But what I find most interesting is her daughter likely still alive and knows all this history. Essentially, she skirted death before she was even alive. And I wonder if she ultimately played a major part in why her mom became a member of the pro-life movement.
ReplyDeleteYour blog has the most fascinating stuff, Dena. I'm still getting caught up from vacation. That said, vacation was soooooo worth it!
When I researched this post, I had the distinct impression that it is very possible her daughter has no idea she is the baby involved. Her identity is unknown and I think if someone knew who she was, that information would have surfaced.
DeleteGlad you enjoyed your vacation!