Roe v. Wade Archive

Case Facts (From Epstein and Walker): In August 1969 Norma McCorvey, a twenty-one-year-old carnival worker living in Texas, claimed to have been raped and to be pregnant as a result of that rape Her doctor refused to perform an abortion, citing an 1857 Texas law, revised in 1879, that made it a crime to “procure an abortion” unless it was necessary to save the life of a mother. A three-judge district court panel ruled in her favor, mostly on Ninth Amendment privacy grounds. But because the district court ruling did not overturn the state law, McCorvey, using the pseudonym Jane Roe, and her attorneys appealed to the U.S. Supreme Court.

Roe's attorneys the argued that abortion was a fundamental right under the Griswold doctrine. Unless Texas could provide a compelling and narrowly drawn interest, the law should fall. The state countered with arguments concerning the rights of fetuses. It argued that a state has a compelling interest in protecting human life -- even of unborn fetuses.

Legal Question: Is abortion a fundamental right under the privacy standard set out in Griswold v. Connecticut?    
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Timothy Johnson,
Dec 12, 2017, 5:16 AM
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Timothy Johnson,
Dec 12, 2017, 5:17 AM
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Timothy Johnson,
Dec 12, 2017, 5:13 AM
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