• Case Summary as presented in  Ethical Issues in the Courts
• Discussion of case  - or Class Lecture 
• Related Links

The purpose of this case is to decide whether or not______

It is OK to procure an abortion for reasons other than saving the life of the mother.    

The appellant claims_______

Texas criminal abortion statutes (limiting abortion to save "the life of a mother" are unconstitutional      

Background information on appellant *  (You would do research in this area)

• appellant: Jane Roe
• date: instituted federal action in March 1970

Background information presented by the Supreme Court

• Three reasons for enactment of 19th century abortion laws:
  1. Victorian social concerns to discourage illicit sexual conduct
  2. Abortion as a medical procedure - to protect the woman's life
  3. State's interest - protecting prenatal life.
     (based on the theory that a new human life is present from the moment of conception)
• Privacy
  • A right to personal privacy exists under the Constitution
  • the right of privacy is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.
• Person
  • The constitution does not define person
  • It is a "theory that a new human life is present from the moment of conception"
  • "Person" as used in the Fourteenth Amendment, does not include the unborn
• Need not be accomplished with this decision
  • "Resolve the difficult question of when life begins"
• Necessary to accomplish
  • "Preserving and protecting th health of the pregnant woman"
  • "Protecting the potentiality of human life."
• Conclusion/summary
  • Texas law is a violation of the Due Process Clause of the Fourteenth amendment.
    1. First Trimester:  Medical judgment left to pregnant woman's attending  physician
    2. subsequent to first trimester: State  may choose to regulate abortion "in ways that are reasonably related to maternal health."
    3. Stage subsequent to viability: State may regulate and proscribe abortion - except where it is necessary for preservation of life or health of mother.
• Dissenting Statement:  Dissent that the "right of privacy is involved in this case"

Here you would provide your ethical critical analysis of the issues involved, as well as state your position and your justification.

Related Links

Abortion law Homepage Purpose: "This page is being constructed to help people, regardless of their political bent, understand the background and state of abortion law in America, and access related legal material--especially that which is less available and less well known" It contains links to the following:

Abortion - National Right to Life - excellent info on ethical considerations, medical information & cases

Abortiontv.com for articles, videos related to abortion Over 100,000 visitors per month.

California Abortion & Reproductive rights League -   pro choice links

McCorvey, Norma  of Roe vs. Wade

Partial Birth Abortion: Links to diagrams, court rulings & ethical perspectives

Pro-Life.org -  info on Roe vs. Wade  contraceptives, cloning, stem cell research...

Roe vs. Wade information -  supreme Court case, educational links & more