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Roe vs. Wade Research Report Seton Home Study School ENGLISH 101-17A

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Roe vs. Wade Research Report Roe vs. Wade was one of the most famous court cases of our time. It took place in the early 1970’s when a young and pregnant woman filed against the Texas district court with a claim that it was unconstitutional for the government to take away women’s choice to abortion. In the end, the Supreme Court legalized abortion as a constitutionally protected medical procedure under the Fourteenth Amendment, stating that the anti-abortion laws violated an individual’s privacy which is granted by the constitution. It is the only constitutionally protected medical procedure. Roe vs. Wade changed the world as we know it. The world today is now divided into pro-life or pro-choice parties, and U.S. politics will never be the same. Many citizens of the United States truly believe that abortion should be legal and that the Roe vs. Wade case was all legal and just. However, when looking at the definition of “legally correct” the decision of the Roe vs. Wade case was not in any way “legally correct”. For something to be “legally correct”, i

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Roe vs. Wade Research Report




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Roe vs. Wade was one of the most famous court cases of our time. It took place in the

early 1970’s when a young and pregnant woman filed against the Texas district court with a

claim that it was unconstitutional for the government to take away women’s choice to abortion.

In the end, the Supreme Court legalized abortion as a constitutionally protected medical

procedure under the Fourteenth Amendment, stating that the anti-abortion laws violated an

individual’s privacy which is granted by the constitution. It is the only constitutionally protected

medical procedure. Roe vs. Wade changed the world as we know it. The world today is now

divided into pro-life or pro-choice parties, and U.S. politics will never be the same. Many

citizens of the United States truly believe that abortion should be legal and that the Roe vs. Wade

case was all legal and just. However, when looking at the definition of “legally correct” the

decision of the Roe vs. Wade case was not in any way “legally correct”. For something to be

“legally correct”, it must be based on the constitution, the intention of the drafters of the

constitution, any pre-existing legal history, and precedent. The true meaning of the Fourteenth

Amendment, the legal precedent of abortion, and the history of abortion all prove the Supreme

Court’s decision to be wrong. The Supreme Court’s decision in Roe vs. Wade was incorrect

legally and constitutionally.

Back in ancient times, many cultures believed that abortion was murder. During the

Persian Empire, there was a use of abortifacients, but this was a severely punished illegal act.

The first known laws attributed to abortion were placed by the Babylonians in the Code of

Hammurabi in 1727 or 1728 B.C.1 These laws stated that if anyone caused a woman to miscarry

they would be severely punished financially, however, if the woman died as a result of the

miscarriage then the daughter of the violater would be executed.2 Furthermore, Tiglath-Pileser,

1
Stephen Krason and William Hollberg, “The Law and History of Abortion: The Supreme Court Refuted,” In
American Government Course Manual (Front Royal, VA: Seton Press, 2018), 108.
2
Ibid



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