Wednesday, December 7, 2011

Why did Roe argue that the Texas law banning abortions was unconstituional?

Jane Roe, the pseudonymous plaintiff in this landmark case, took Henry Wade, the Dallas County District Attorney, to court over a state law that made abortion illegal in all cases except where a doctor deemed that the mother's life was in danger. In her lawsuit, Roe argued that Texas law was unconstitutional, as it violated her right to personal privacy implicitly protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.
In ruling in favor of Roe, the Supreme Court held that the Texas anti-abortion law did indeed violate a woman's right to privacy. This ruling was achieved principally through expanding the Due Process Clause of the Fourteenth Amendment—which protects the right to privacy from invasive state action—to include a woman's right to choose to have an abortion.
https://www.history.com/topics/womens-rights/roe-v-wade

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