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Roe vs Wade The Decision and its Impact on American SocietyThe Court today is correct in holding that the right asserted by Jane Roe is embraced within the personal liberty protected by the Due Process Clause of the Fourteenth Amendment It is evident that the Texas abortion statute infringes that right directly Indeed it is difficult to imagine a more complete abridgment of a constitutional freedom than that worked by the inflexible criminal statute now in force in Texas The question then becomes whether the state interests advanced to justify this abridgment can survive the particularly careful scrutiny that the Fourteenth Amendment here requires The asserted state interests are protection of the health and safety of the pregnant woman and protection of the potential future human life within her But such legislation is not before us and I think the Court today has thoroughly demonstrated that these state interests cannot constitutionally support the broad abridgment of personal liberty worked by the existing Texas law Accordingly I join the Courts opinion holding that that law is invalid under the Due Process Clause of the Fourteenth Amendment Craig and OBrien 17On January twenty-second 1973 Justice Harry Blackmun delivered the opinion of the Supreme Court regarding the Roe vs Wade case A pregnant single woman Jane Roe brought a class action lawsuit challenging the constitutionality of the Texas criminal abortion laws which proscribed procuring or attempting an abortion except on medical advice for the purpose of saving the mothers life Norma McCorvey the real name of the plaintiff was young and divorced at the time searching for a solution to her unplanned pregnancy No legitimate doctor in Texas would touch me stated McCorvey There I was pregnant unmarried unemployed alone and stuck Craig and OBrien 5 The plaintiffs assertion was that prohibiting abortion at any time before birth violated a womans constitutional right to privacy The Supreme Court later agreed with Mrs McCorvey justifying the legality of abortion
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