Roe v. calf
| Roe v. calf | ||||||
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| Decided 22nd January 1973 |
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The state of Texas abortion laws violate the 14th Amendment of the Constitution, the right of women to choose whether to continue or terminate a pregnancy. Statutory prohibitions and orders of termination of pregnancy are not at all possible in the first trimester of pregnancy, only possible to a limited extent in the second trimester and permissible in the third trimester as long as the life or health of the pregnant woman is not at stake. |
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14. Amendment to the Constitution , Texas Code of Criminal Procedure Articles 1191-94, 1196 |
Roe v. Wade (= Roe versus Wade , German "Roe versus Wade") is a controversial decision of principle that the Supreme Court of the United States made on January 22, 1973 with a majority of seven to two judges. According to her, most of the then-existing laws that the states and the federal government of the United States had passed regarding abortion violated the right to privacy and the postulate of legal certainty of the 14th Amendment . This automatically placed the termination of pregnancy under the right to privacy.
The name of the case results from the names of the two parties to the litigation and the abbreviation for the legal term "versus" (German: "against") taken from the Latin , in accordance with American legal traditions .
The lawsuit and the decision of the court
The plaintiff in the case was a 22-year-old single mother of two from Texas named Norma McCorvey, who had given up her first two children for adoption due to their unfavorable socio-economic living conditions. Her lawyers, Linda Coffee and Sarah Weddington, were the original initiators of the lawsuit. Since, contrary to their expectations, no well-off, intact family agreed to appear as plaintiffs, they agreed to grant McCorvey anonymity as the complainant. They filed the lawsuit on behalf of Jane Roe , based on the wildcard name John Doe, which is often used for unidentified people in American correspondence and speech . Defendant for the State of Texas was Henry Wade , the former district attorney of Dallas County .
Through the decision of Roe v. Wade was ordered that a pregnant woman, without weighting the reasons differently, could terminate the pregnancy up to the point in time when a fetus becomes viable. After the first three months of pregnancy, the state may regulate the abortion procedure, but only insofar as this is necessary to protect the health of the pregnant woman. From the moment of viability, which was then set at the 28th week of pregnancy , today at the 24th week of pregnancy , a state may prohibit abortions, with the restriction that later abortions must be possible if, according to medical judgment, they are necessary for the preservation of life or the Women's health are necessary. For example , there is a fundamental opposition to the decision of the German Federal Constitutional Court two years later , which considered a time limit to be incompatible with the protection of life based on human dignity .
Ongoing controversy
Roe v. Wade is one of the most socially controversial decisions in the history of the United States Supreme Court, which at the time of the decision was dominated by a liberal majority of judges under the leadership of Chief Justice Warren E. Burger . Burger's successor, William H. Rehnquist , under whose leadership the court later adopted an increasingly conservative orientation, was one of the two judges Roe v. Wade refused.
The Supreme Court ruled in the Planned Parenthood of Southeastern Pennsylvania v. Robert P. Casey the previous decision in principle. However, he declared state regulations, which in his opinion did not represent an unreasonable burden ( undue burden ) on the woman, as permissible - such as mandatory consultation and a 24-hour reflection period before the operation. At the time, eight of the nine Supreme Court judges had been appointed by Republican presidents and one by a Democratic .
A withdrawal of the decision in the case of Roe v. Wade is a prominent demand of the right to life movement, especially from conservative and Christian fundamentalist politicians, activists and organizations. Since 1974, on the anniversary of the decision, the March for Life has been held in Washington, DC with hundreds of thousands of participants, and according to the Washington Post it is the largest event against abortion . Similar protests are being held in other cities, including Chicago and San Francisco .
However, abortion has also been controversial in the black community. Among other things, the civil rights activist Jesse Jackson in the 1970s after Roe v. Wade the abortion fights and this religiously supported among others. Jackson quarreled with the doctor and activist TRM Howard , who ran a black clinic and was an important financier of the civil rights movement. The conspiracy theory of black genocide, of a planned decimation of the black percentage of the population, was of importance for a long time.
Norma McCorvey's further development
In later years, Norma McCorvey (1947–2017) became a figurehead of the right to life movement. In 2005, in the McCorvey v. Hill unsuccessful before the Federal Court of Appeal for the fifth judicial district, an overturn of Roe v. To reach Wade . The Supreme Court declined to accept this case for decision.
Filmmaker Nick Sweeney released the 2020 documentary " AKA Jane Roe, " in which McCorvey stated that she was bribed by two evangelical pastors and radical anti-abortionists for her future anti-abortion stance. This statement was confirmed by Pastors Rob Schenck and Flip Benham; they said they recognized McCorvey's economic plight and took advantage of it.
filming
- In 1989, directed by Gregory Hoblit, the US feature film Roe vs Wade was made (German version: " A woman accuses ").
Single receipts
- ↑ 410 US 113 ( Memento from December 5, 2008 in the Internet Archive )
- ↑ http://www.oyez.org/oyez/resource/case/334/argument.mp3
- ↑ A second religious conversion for 'Jane Roe' of Roe vs. Wade ( Memento from February 20, 2008 in the Internet Archive )
- ^ ND Texas Opinion of US District Court June (17,) (1970) , at jrank.org
- ↑ BVerfGE 39, 1
- ^ Karen O'Connor: Testimony on "The Consequences of Roe v. Wade and Doe v. Bolton" ( Memento December 20, 2012 in the Internet Archive ), United States Senate, Committee on the Judiciary, Hearing June 23, 2005
- ↑ Michael Janofsky: Words of support from Bush at anti-abortion rally. In: The New York Times . January 23, 2004, accessed December 9, 2014 .
- ↑ Michelle Boorstein, Carol Morello: Thousands of abortion foes brave cold to join March for Life in Washington. In: Washington Post. January 22, 2014, accessed December 10, 2014 .
- ↑ Stephanie K. Baer: Abortion foes gather to mark Roe v. Wade in downtown rally. In: Chicago Tribune . January 19, 2014, accessed December 29, 2014 .
- ↑ Anastasia Ustinova, Sabin Russell: Thousands march against abortion in SF In: SFGate ( San Francisco Chronicle ). Hearst Communications, Inc., January 20, 2008, accessed January 27, 2011 .
- ↑ David T. Beito, Linda Royster Beito: Black Maverick: TRM Howard's Fight for Civil Rights and Economic Power . University of Illinois Press, Urbana, Ill. 2009, pp. 206-216.
- ^ Judith Wilt: Abortion, Choice, and Contemporary Fiction: The Armageddon of the Maternal Instinct . University of Chicago Press, 1990, ISBN 0226901580 , p. 14.
- ^ Robert E. Johnson: Legal Abortion: Is It Genocide Or Blessing In Disguise? . In: Johnson Publishing (ed.): Jet . 43, March 22, 1973, ISSN 0021-5996 , pp. 12-18, 51.
- ↑ The pioneer of the US abortion ruling was paid by opponents on bazonline.ch
- ↑ The woman behind 'Roe vs. Wade 'didn't change her mind on abortion. She was paid on latimes.com
- ↑ Roe vs. Wade (1989 TV Movie) , on imdb.com