Roe v. Wade
The abortion laws of the State of Texas hurt after the 14th Amendment to the Constitution, the right of women to decide on the continuation or termination of pregnancy itself. Legal Abtreibungsver and offerings are not even in the second trimester is limited in the first trimester of pregnancy possible admissible in the third trimester, unless the life or health of the pregnant women are at stake.
14th Amendment of the Constitution, Texas Code of Criminal Procedure Article 1191-94, 1196
Roe v. Wade is a controversial landmark decision that precipitated the Supreme Court of the United States on January 22, 1973 by a majority of seven to two judges. According to her, injured most of then existing laws which were adopted in respect of termination of pregnancy including the States and the Federal Government of the United States, the right to privacy and the postulate of the legal certainty of the 14th Amendment. In order for the termination of pregnancy was made automatically under the right to privacy.
The Supreme Court confirmed in 1992 in the case of Planned Parenthood of Southeastern Pennsylvania v. Robert P. Casey the previous decision in principle. However, he said government regulations that do not impose an undue burden ( undue burden ) for the woman represented in his opinion, be permitted - such as mandatory counseling and a 24- hour cooling-off period before the procedure.
The decision Roe v. Wade was decreed that a pregnant women, but the reasons for this are weighted differently, may terminate the pregnancy, up to that point at which a fetus becomes viable. The State may after the first three months of pregnancy regulate the procedure of abortion, but only to the extent that is necessary to protect the health of pregnant women. From the moment of viability, which is then, now recognized at the 28th to the 24th week of pregnancy, a state may prohibit abortion, with the restriction that later abortions must be possible if the strength of medical judgment for the preservation of life or women's health is necessary. This is, for example, two years later felled decision of the German Federal Constitutional Court fundamentally opposite, which looked at a period regulation is incompatible with the founding in the protection of human dignity of life.
Applicant in the case was a 22 -year-old single mother of two children from Texas named Norma McCorvey, who had released their first two children due to their unfavorable socio-economic situation in life for adoption. Your attorneys, Linda Coffee and Sarah Weddington, were the original initiators of the action. Since, contrary to their expectations not well-off, intact family ready stated to act as plaintiffs, they agreed in granting McCorvey as complainant anonymity. They submitted the lawsuit on behalf of Jane Roe a, in reference to the placeholder name John Doe used in American writing and voice traffic often for unidentified persons. Defendant for the State of Texas was Henry Wade, the former District Attorney of Dallas County.
Roe v. Wade is one of the most controversial social decisions in the history of the Supreme Court of the United States, which was marked at the time of the decision under the leadership of Chief Justice Warren E. Burger from a liberal judge majority. Burgers successor William H. Rehnquist, under whose leadership the court later an increasingly conservative orientation took, was one of two judges who opposed Roe v. Wade. A withdrawal of the decision is a prominent demand especially from conservative and Christian fundamentalist politicians, television and press commentators, associations and federations and other activists of the pro-life movement. These counts since its turn to the Christian faith and Norma McCorvey, which in the case McCorvey v. Hill tried unsuccessfully in 2005 before the Federal Court of Appeals for the Fifth Judicial District, due to its role as directly concerned to achieve a repeal of Roe v. Wade. The Supreme Court declined to acceptance of the case for decision.
The name of the event, it follows, according to the American legal traditions, from the names of the two litigants as well as the abbreviation for the taken from the Latin legal term of art "versus" ( German: "against" ).