ABORTION PRIVACY v. LIFE Roe v. Wade. ROE V. WADE UTILITARIAN DECISION: BALANCE OF MOTHER’S RIGHTS AND FETUS’ INTERESTS FIRST TRIMESTER –MOTHER’S RIGHTS.

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Presentation transcript:

ABORTION PRIVACY v. LIFE Roe v. Wade

ROE V. WADE UTILITARIAN DECISION: BALANCE OF MOTHER’S RIGHTS AND FETUS’ INTERESTS FIRST TRIMESTER –MOTHER’S RIGHTS ABSOLUTE --- RIGHT TO PRIVACY --- 1,4,5,9,14 AMENDMENTS. MOTHER OVER FETUS MOTHER OVER STATE SECOND TRIMESTER –MOTHER’S RIGHTS VIRTUALLY ABSOLUTE MOTHER OVER FETUS (RIGHT TO PRIVACY) STATE’S INTEREST IN HEALTH OF MOTHER OUTWEIGHS MOTHER’S RIGHT TO UTILIZE UNSAFE FACILITIES THIRD TRIMESTER –MOTHER’S RIGHT TO HEALTH ABSOLUTE MOTHER OVER FETUS –STATE MAY TAKE INTEREST IN FETUS AS POTENTIAL CITIZEN AND CONFER RIGHTS ON THE FETUS

RIGHT TO PRIVACY U.S. CONSTITUTION: AMENDMENT I AMENDMENT I –CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION, OR PROHIBITING THE FREE EXERCISE THEREOF; OR ABRIDGNING THE FREEDOM OF SPEECH, OR OF THE PRESS; OR THE RIGHT OF THE PEOPLE PEACEABLY TO ASSEMBLE, AND TO PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES.

RIGHT TO PRIVACY U.S. CONSTITUTION: AMENDMENT IV AMENDMENT IV –THE RIGHT OF THE PEOPLE TO BE SECURE IN THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS, AGAINST UNREASONABLE SEARCHES AND SIEZURES, SHALL NOT BE VIOLATED, AND NO WARRANTS SHALL ISSUE, BUT UPON PROBABLE CAUSE, SUPPORTED BY OATH OR AFFIRMATION, AND PARTICULARLY DESCRIBING THE PLACE TO BE SEARCHED, AND THE PERSONS OR THINGS TO BE SIEZED.

RIGHT TO PRIVACY U.S CONSTITUTION: AMENDMENT V AMENDMENT V –NO PERSON SHALL BE HELD TO ANSWER FOR A CAPITAL, OR OTHERWISE INFAMOUS CRIME, UNLESS ON A PRESENTMENT OR INDICTMENT OF A GRAND JURY, EXCEPT IN CASES ARISING IN THE LAND OR NAVAL FORCES, OR IN THE MILITIA, WHEN IN ACTUAL SERVICE IN TIME OF WAR OR PUBLIC DANGER; NOR SHALL ANY PERSON BE SUBJECT FOR THE SAME OFFENSE TO BE TWICE PUT IN JEOPARTY OF LIFE OR LIMB NOT SHALL BE COMPELLED IN ANY CRIMINAL CASE TO BE A WITNESS AGAINST HIMSELF, NOR BE DEPRIVED OF LIFE, LIBERTY, OR PROPERTY, WITHOUT DUE PROCESS OF LAW; NOR SHALL PRIVATE PROPERTY BE TAKEN FOR PUBLIC USE, WITHOUT JUST COMPENSATION.

RIGHT TO PRIVACY U.S. CONSTITUTION: AMENDMENT IX AMENDMENT IX –THE ENUMERATION IN THE CONSTITUTION, OF CERTAIN RIGHTS, SHALL NOT BE CONSTRUED TO DENY OR DISPARAGE OTHERS RETAINED BY THE PEOPLE.

RIGHT TO PRIVACY U.S. CONSTITUTION: AMENDMENT XIV; SECTION 1 ALL PERSONS BORN OR NATURALIZED IN THE UNITED STATES, AND SUBJECT TO THE JURISDICTION THEREOF, ARE CITIZENS OF THE UNITED STATES AND OF THE STATE WHEREIN THEY RESIDE. NO STATE SHAL MAKE OR ENFORCE ANY LAW WHICH ABRIDGES THE PRIVILEGES OR IMMUNITIES OF CITIZENS OF THE UNITED STATES; NOR SHALL ANY STATE DEPRIVE ANY PERSON OF LIFE, LIBERTY, OR PROPERTY, WITHOUT DUE PROCESS OF LAW; NOR DENY TO ANY PERSON WITHIN ITS JURISDICTION THE EQUAL PROTECTION OF THE LAWS.