Roe VS. Wade
By Emily H.- Haley G.- Erika H.- Sarah T.
Judicial Reviews Importance
Judicial Review: Where a higher level of court can review cases involving the law and can make the laws invalid if they conflict with higher forms like the constitution.
- I think judicial review is important because it limits authority in the legislative branch through checks and balances.
Supreme Court Background
The process to the Supreme Court: In December 1971 was the first time Roe was heard before the court. The justices were not favorably impressed by arguments, however, Richard Nixon appointed the junior associate of the court, he wrote an opinion that would strike down the Texas law. This was during the time of flux in court’s, John Harlan had resigned from the court in September, and President Nixon was about to appoint two new justices. There is a holdover from Franklin D. Roosevelt administration. During this time, those appointments could alter the final vote on Roe v. Wade. Chief Justice Warren Burger urged that the case be held over for re-argument at a time that the court would be at full strength. It would be October 1972 before re-argumentation took place.
Precedents in this case: Supreme Court built on precedent of Griswold and Eisenstadt to rule that laws banning abortion violated individuals privacy rights
Who are the plaintiffs and defendants in your case? McCorvey was the plaintiff and Henry Wade was the defendant, and he is the district attorney of Dallas.
Writ of Certiorari
Amicus curiae
Procedures of the Supreme Court
The final stage of pregnancy under the Supreme Court occurs after the fetus becomes viable. Medical judgment is necessary for the health of the woman.
During the intervening recess period, the Justices study the argued and forthcoming cases and work on their opinions. Each week the Justices must also evaluate more than 130 petitions seeking review of judgments of state and federal courts to determine which cases are to be granted full review with oral arguments by attorneys.
Chief Justice In The Case
Minority Opinion Written By
Two and half years after writing the majority opinion in the landmark 1973 U.S. Supreme Court decision legalizing abortion, Associate Justice Harry A. Blackmun gave a rare interview to a reporter from his home state of Minnesota.
Location: Harry A Blackmun
Sources
"Roe v. Wade." Wikipedia. Wikimedia Foundation, n.d. Web. 16 Apr. 2015.
Shmoop Editorial Team. "Roe v. Wade." Shmoop.com. Shmoop University, Inc., 11 Nov. 2008. Web. 16 Apr. 2015
.N.p., n.d. Web. 16 Apr. 2015.
"The Court and Its Procedures - Supreme Court of the United States." The Court and Its Procedures - Supreme Court of the United States. N.p., n.d. Web. 16 Apr. 2015.
Majority and Minority
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases have a majority opinion. In some cases there is what we call a minority opinion. A minority opinion is a dissenting opinion is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. When not necessarily referring to a legal decision, this can also be referred to as a minority report. In law, a concurring opinion is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision.
The Supreme Court decided in favor of Roe in a 7-2 decision. Justice Blackmun wrote the opinion for the majority, which recognized that a woman’s choice whether to have an abortion is protected by her right to privacy. Justices Stewart, Burger and Douglas wrote concurring opinions. Justices White and Rehnquist dissented.