Ninth Amendment

Diamond Wade - 4- 12/11/14

Summary: In the case of Roe vs Wade

Summary. Appellant Jane Roe, a pregnant mother who wished to obtain an abortion, sued on behalf of all woman similarly situated in an effort to prevent the enforcement of Texas statutes criminalizing all abortions except those performed to save the life of the mother.

Issue:

Do the Texas statutes improperly invade a right possessed by the appellant to terminate her pregnancy embodied in the concept of personal liberty contained in the Fourteenth Amendment’s Due Process Clause, in the personal marital, familial, and sexual privacy protected by the Bill of Rights or its penumbras, or among the rights reserved to the people by the Ninth Amendment?

Facts:

Texas statutes made it a crime to procure or attempt an abortion except when medically advised for the purpose of saving the life of the mother. Appellant Jane Roe sought a declaratory judgment that the statutes were unconstitutional on their face and an injunction to prevent defendant Dallas County District Attorney from enforcing the statutes. Appellant alleged that she was unmarried and pregnant, and that she was unable to receive a legal abortion by a licensed physician because her life was not threatened by the continuation of her pregnancy and that she was unable to afford to travel to another jurisdiction to obtain a legal abortion. Appellant sued on behalf of herself and all other women similarly situated, claiming that the statutes were unconstitutionally vague and abridged her right of personal privacy, protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.

Scenario

16 year old Tanya was raped. Soon after the rapist was put away, Tanya discovered she was pregnant. Still in high school, with a bright future, what was she to do with a new born? Be a single mother? A teenage mother? After about 4 1/2 months, Tanya found out she'd be having twins. At that time, she decided the only thing she could do was have an abortion. When she decided this , there were several people to tell her , "No!'. She decided to take this into the hands of the law. After referring to the Ninth Amendment as well as the Roe vs. Wade case, she won the case, had her abortion, and was able to graduate without changing a diaper first.