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Roe v Wade

Question:
Does a womans right to an abortion fall within the rights to privacy protected by the Fourteenth
Amendment?
Background:
An unmarried, pregnant woman named Jane Roe filed a suit against Dallas County District Attorney
Henry Wade in hopes to legalize abortion. She lived in Texas and at the time, abortion was outlawed except
in extreme cases.
Roe Argument:
violated the guarantee of personal liberty and the right to privacy guaranteed in the First,
Fourth, Fifth, Ninth, and Fourteenth Amendments.
States cant deny individuals the personal, marital, familial, and sexual right to privacy
Courts never declared a fetus a person
fetus has no legal rights
Wade Argument:
The State has a duty to protect prenatal life
Life is present at the moment of conception
Unborn people should have protection under the Constitution
Decision:
January 1973 7-2 vote
This legalized abortion in first trimester but left it up to states in second trimester and outlaw it when a
fetus becomes viable

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