Roe v wade (resumen en inglés)

Roe vs. Wade

Facts
In Dallas County, Texas, there was a woman named Jane Roe who was pregnant and single. She came up with a controversial case where she challenged the constitutionality ofthe Texas criminal abortion laws, which proscribe procuring or attempting an abortion except on medical advice for the purpose of saving the mother's life. Sbe claimed that the Texas statutes wereunconstitutionally vague and that they abridged her right of personal privacy, protected most of all by the Fourteenth Amendment. A licensed physician (Hallford), who had two state abortion prosecutionspending against him, was permitted to intervene. A childless married couple (the Does), the wife not being pregnant, separately attacked the laws, basing alleged injury on the future possibilities ofcontraceptive failure, pregnancy, unpreparedness for parenthood, and impairment of the wife's health. A three-judge District Court, which consolidated the actions, held that Roe and Hallford, andmembers of their classes, had standing to sue and presented justifiable controversies. They held that the “fundamental right of single women and married persons to choose whether to have children isprotected by the Ninth Amendment, through the Fourteen Amendment.”

Issues
1- Is the right of freedom for the woman to decide whether to abort or not, more important than the right of life of theunborn child?
2.- Can Roe argue about her right of privacy as an enough reason to abort?
3.- Are the Texas abortion laws unconstitutional?

Holding
To 1 – Yes
To 2 - Yes
To 3 – Yes

Reasoning
1-.Applying literally to the US Constitution, the pregnant woman is a person in all aspects, but in the case of the unborn child, the court strongly repudiate the theory that life begins at conception,so in this case the unborn child isn’t recognized as a person in the whole sense. The term person is present in the Constitution in postnatal terms so they measure more in favor of the rights of the...