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Court Case Project

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BC: The End

FC: Roe v. Wade By Nikki Maransky and Nikki Chappelle

1: Table of Contents | Background Information Pg 2-7 Background INformation on What happened Pg 8 Problems or setbacks with the case Pg 9-10 A Unique fix to a problem Pg 11 Filing for a case Pg 12 A Case that might help Pg 13 Amendments They argued Pg 14-15 Crucial Case Information Pg 16-21 Supreme Court Case Information Pg 23-30 10 after the facts Pg 31-41

2: Norma McCorvey sat in a restaurant on Mockingbird Lane In Dallas, Texas, waiting for two lawyers Linda Coffee and Sarah Weddington and them her story | Background Information

3: Background Information | -It started in August 1969, she was working selling tickets to a carnival sideshow. She had become friends with two of the women and shared a small motel room with them. One night, as the carnival closed its run in a small town near Augusta, Georgia a group of rugged looking men were hanging around drinking and cursing. Several hours of work had to be done and after it was done McCorvey and her friends walked back to their motel and she was attacked.

4: Background Information | She didn't remember much a, but said she went back to her motel room and everyone was gone. Also she never reported the rape. She then returned to Dallas and was staying at multiple friends houses. and her friend helped her get a job at a local bar.Then she began to suspect a problem. She noticed swelling, nausea, missed periods and then when she finally went to the physician she found out she was pregnant. McCorvey had little income, no place to live, and couldn't even care after her first and only daughter, so she asked her physician about an abortion, even though they were illegal in Texas in 1969.

5: Background Information | Her physician refused to help her and suggested she moved to a more liberal state like Colorado or California, but it wouldn't do her any good, since she would fit the residency requirements and then heard about women who got illegal abortions in Mexico, but didn't want to chance going to an unsanitary place, where the physician wasn't licensed. She knew her only chance was to make an abortion legal in Texas

6: Background Information | McCorvey decided on adoption then got in touch with a lawyer, who told Coffee about McCorvey's situation. Weddington and Coffee were looking for a plaintiff to bring the charge in a abortion suit and McCorvey seemed to fit the part. In the United States only about ten thousand abortions were done legally each year, out of a million and a half and many people in Texas wanted to change the strict abortion laws.

7: Background Information | There were many women risking their lives to just get an unsafe illegal abortion. McCorvey Coffee and Weddington all felt mad about an abortion being illegal, especially since studies show legalized abortions are better than dangerous alternatives and this was the reason for McCorvey suing the state, so they could change Texas's laws.

8: McCorvey would be the person filing the suit, which is the plaintiff and would have to testify on her own behalf, but the lawyers said they do most of the talking.Weddington explained to McCorvey about how a judge would decide whether she could have a legal abortion or not, after they presented their case If the judge agreed than a precedent would be set for other Texas women in similar situations and would change Texas abortion laws forever. Or the judge could strike down the only part or none of the law and ruin McCorvey’s attempt at a legal abortion, but McCorvey agreed to go through with the case. | Background Information of what would happen

9: Problems or Setbacks with the case | They realized McCorvey would have to get an abortion fast, since she was on her second trimester and having an abortion after the first three months had a risk of jeopardizing the operation and the mother would be at risk. Also there was a feeling with in the courts about a fetus in the first trimester and how it was not a functioning human, but could be a functioning human in the second trimester and in the last trimester. Allowing a fully developed human being to be aborted struck many abortionists as murder.

10: Problems and Setbacks with the case | McCorvey wouldn't be able to have an abortion, but the lawyers hoped she would still go through with the suit. Also she has a rough background and the court might not be sympathetic and get past McCorvey's past. Also Coffee felt skeptical about McCorvey's rape story, since she changed the rapists a couple of times.

11: A article in a magazine about the pros and cons of legalized abortion came out, They realized it became the hot new topic and when the press found out about the case they would try to find out names, dates, and places involved. This meant McCorvey's right to privacy would be jeopardized. Then Weddington had the idea of changing McCorvey's name to Jane Roe | A Unique fix to a problem

12: The two lawyers filed the case and they decided to challenge five out of the six separate articles of the Texas state abortion laws and these laws prohibited a legal abortion taking place. | Filing for the Case

13: They used the Griswold v. Connecticut to help them. This case was about the executive director of the Planned Parenthood League of Connecticut and Charles Buxton, both were arrested for giving birth control information to a married couple. Then Harper a Yale law professor decided to base the case on the ninth amendment's right to privacy. This made Weddington and Coffee happy, because if the Supreme Court uphold the right of privacy for a case involving birth control, why shouldn't they be able to do this for abortion? | A Case that might help

14: Their argument was a women was guaranteed the right to an abortion by her constitutional right to privacy and no states could interfere. They used the first amendment, which included the protection of a person's right to associate with whomever. Also they would argue the Texas abortion law, which interfered with a women's right to associate their physician. | Amendments they argued

15: They used the fourth amendment, which protects against unreasonable search and seizure. Also they used the fifth amendment , which protects a person from self-incrimination and they used the eighth amendment, which forbids cruel and unusual punishment. Also they used the ninth amendment and the fourteenth, which guaranteed equal protection for everyone. | Amendments they argued

16: They decided a three judge federal court would be their best chance, since these courts are geared toward hearing suites that challenge the constitutionality of various state laws. Also it provided a direct appeals rout to the U.S. Supreme Court. The included another case, John v. Mary Doe, who were a couple who volunteered their services in an abortion suit. On Tuesday, March 3, 1970 Coffee filed the two suits. These suits asked the Texas abortion laws be ruled unconstitutional and Henry Was Texas's district attorney received papers telling him he was being sued. | Three Judge federal Court

17: Wade had shown he had a firm belief in Texas abortion laws and his lawyer was Tolle, a Roman Catholic. Toll's defense was the fetus had just as much right to live as the mother. Toll responded to the suit by saying Jane Roe had no legal recourse and might not even be a real person or problem. Then an intervener, someone who joins the lawsuit, because their interested came into the suit. The intervener was James Hallford and he was recently charged for giving an illegal abortion. Moreover the Fifth Circuit Court of Appeals named the three justices who would hear the case and to save money they combined the two cases under the Roe v. Wade suit. | Two Sides

18: The appeared in front of the Fifth Circuit Court of Dallas on May 23 and outside their were five pro-choice women with signs. Coffee talked about how the ninth and first amendment and how women deserve special protection from the first amendment, Then the D.A's office went and Jay Flord spoke and argued about how destroying the fetus in a womb was like strangling a three month old baby and was murder. The Toll went on about how talking about the state had to balance the right of the fetus to survive versus the mother's right of privacy and Toll had a strong argument that touched many people. | Fifth Circuit Court

19: . | Justice Goldberg asked about the court issuing an injunction only against Henry Wade and Weddington and Coffee realized this and said they goofed by limiting the suit only to Henry Wade. | Question asked by Justice Goldberg

20: Then on June 17, 1970 the Fifth Circuit court was seated in New Orleans, Louisiana, issued it's decision and found Jane Roe and Dr. Hallford had a right to sue, but Mary and John did not, since Mary wasn't pregnant. The court found Texas abortion laws unconstituional, but the court didn't issue an injunction to prevent Texas from cracking down on abortions. The court stated none of the plantiffs had actually suffered from the laws. | The Decision in the Fifth Court of Appeals

21: JudiciaL questions the lower courts attempted to answer | If the Texas Abortion Laws were constitutional or not? They came back with unconstitutional, because the laws were broad and really vague. What kind of relief the plantiffs won? The courts stated the plantiffs won declaratory relief, they were unitled by unconstitutional laws, but failed to obtain injunctive relief, which have prevented the state from enforcing the laws.

22: The two lawyers realized they would have to being the case to a higher court to get an injunction. They first through about going to the Fifth Circuit Appellate Court or court of appeals, but then were advised to go straight to the U.S. Supreme Court. | Going to the Supreme Court

23: Jane Doe, Dr. James Hallford and two new litigants named the Does were those who were appealing the case. Mary doe had been denied an abortion in an Atlanta hospital and one week later legal aid attorney Tobiane Schwartz, filed suit against Georgia Attorney General Arthur Bolton. And after Doe v. Bolton was defeated, Schwartz and another attorney Margie Pitts Hames joined the suit Roe v. Wade as friends of the court. | New Litigants

24: On December 13, 1971 Weddington walked into the Supreme Court building and got ready to argue the case. Coffee and Lucas were there, but McCorvey, the original plaintiff, and Wade weren't present. The opening salutation began and Chief Justice Warren Burger sat in the center seat. Burger began questioning and Weddington at one point talked about her beliefs concerning women rights to an abortion and the constitution. Also she discussed how the ninth and fourteenth amendments supported a women's right to receive an abortion. Also Weddington argued fetuses had no legal rights, while pregnant women wanting abortions had rights under the U.S. Constitution. Floyd then argued his side about the Texas abortion laws not being unconstitutional. | Supreme Court

25: What the guidelines were for abortion? They broke it up in trimesters and in the first trimester the states couldn't intervene; the only time it could intervene was to help a women's health. However it could intervene in the third trimester, because the fetus is technically able to live outside the mother. | Supreme Court Judicial Question

26: Supreme Court Judicial Question | Is the right for women to have an abortion protected under the right of privacy? It is, because it's based off of the fourteenth and ninth amendment

27: Supreme Court Discussion | Roe's discussion ran into problems, Burger seemed to favor keeping the laws, but found them vague and maybe unconstitutional. Justice White however believed the laws shouldn't be overturned. One side of justices believed women had a right to abortion, the other side did not.

28: Supreme Court Decision continued | First it looked like it was five to two in favor of partially overturning the laws and then Burger felt the decision was too vague to decided a majority decision. The court decided to re argue the case on October 10, 1972

29: Supreme Court Decision | The states couldn't intervene in the first two trimesters, only the third when the fetus is able to live outside the mother. The fourteenth and ninth amendment protect a women's right of privacy

30: Opinions | The majority opinion was 7 to 2 in favor of Roe and deemed abortion a fundamental right. In the dissenting opinion O'Connor stated trimester base analysis was unworkable.In the concurring opinion the Judge agreed McCorvey's questions were legitimate about harm that women who had abortions suffered from. Also new scientific understanding of fetal development, but believed the case was moot.

31: Pro Choice | People who were for abortion also weren't particular happy with the court's ruling, because they felt like their victory had been eaten away.. Doctors originally placed viability for a fetus around the 27th week, but advances in medical science moved it to the 21st week.

32: Pro Life | After the case people who were against abortions were angry and thought the Court had over stepped it's boundaries, since this wasn't in the Constitution. | Pro Life

33: Three Goals of the Antiabortionists Strategy | First find a constitutional amendment that declared fetuses as legal persons. Second they would get state legislatures to restrict abortion, and thirdly they would try to cut off funding for abortions

34: They began protesting against abortion clinics. ALso they blocked off clinic entrances. Pro-life supporters called January 22 Black Friday, since it was the date of the Court's decision and marched in protest on each anniversary. They pressured physicians into not doing abortions and tried to press charges against doctors who did abortions. | Pro-life supporters

35: Catholic Church | The Protest was lead by the Catholic Church and in 1973, at one of their annual meetings the U.S. Catholic Conference of Bishops supported the overthrow of the Roe case. Then mail campaigns and advertisements took off and two years later the Pastoral Plan for Pro-Life Activities was adopted. This provided the Church with resources that would help them end abortion.

36: In 1980, 72, 000 churches registered to vote in the upcoming election. Their goal was to get president Regan elected, because he was pro-life and they were successful. | Ronald Regan For President

37: The year following Regan's election, 50, 000 people, who were against abortion did a March for Life around Washington D.C. Also the representatives of the marchers met with the president and some administration officials to form an antiabortion caucus in Congress. | March For Life

38: Supreme Court agreed to rule on the constitutionality of obstacles for abortion. On June 15, 1983, in a case called Akron v.Akron Center for Reproductive Health, it was decided states couldn't interfere during the first trimester, but if there was a reasonable medical basis, they could interfere on the second trimester. | Akron v Akron Center for Reproductive Health

39: Webster v. Reproductive Health Services | Missouri passed a law saying life of a human being begins at conception and unborn children have some protected interests in well being, life, and health and this violated Roe v Wade. However chief justice Rehnquist declined to overrule Roe, because nothing in the Missouri Act conflicted with the Constitution, but the Roe trimester policy was modified.

40: It was decided in Hodgson v. Minnesota on June 26, 1990, that before a minor could get an abortion, they would have to inform both parents. | Hodgson v. Minnesota

41: Antiabortionists think that since abortion is murder, then abortionists are mass murders. Roe is still the law of the land, but enforcing it has become difficult. | Antiabortionists

42: Works Cited Herda,D.J. Roe v. Wade. Berkeley Heights, NJ: Enslow Publishers, Inc., 1994. Print. Roe, Jane, and Henry Wade. "Roe v. Wade." Roe v. Wade. Wikimedia Foundation, Inc.,30 Apr.2012. Web. 24 May 2012../ http://www.google.com/search?hI=en&cp=4&gs_id+b&xhr=t&q=roe+v+wade&bav=on.2,or.r_gc.r_pw.r_qf.,cf.osb&biw=767&bih=552&wrapid=tLjp133790910301106&um=1&ie=UTF-8&tbm=isch&source=og&sa+wi&ei=cN--T82AM6z06AHrxazACg

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Nikki Maransky
  • By: Nikki M.
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About This Mixbook

  • Title: Court Case Project
  • nikki maransky and nikki chappelle government project 2012
  • Tags: court case government senior awesome project
  • Published: over 4 years ago

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