Purchase Solution

Right to privacy in Roe vs. Wade

Not what you're looking for?

Ask Custom Question

Please tell me how Right to Privacy was applied in Roe v. Wade. Please be thorough.

Purchase this Solution
Solution Summary

The solution explains the use of the legal concept/constitutional liberty (9th Amendment) 'Right to privacy' in the case of Roe v. Wade.

Solution Preview

Hello and thank you for using Brainmass!

A good place to begin with this question is <http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=410&invol=113>, which shows the court opinion in its entirety.

Roe vs. Wade struck down a Texas state law which deemed abortions illegal except in instances where the mother's life was in jeopardy. According to this case file, "a woman's qualified right to terminate her pregnancy" is an aspect of her personal autonomy and is upheld by both the due process clause of the 14th amendment as well as the right to privacy as indicated in the 9th amendment. However, the ruling also specified the state's interest in "promoting the viability of human life;" after the end of the first trimester, the state may regulate or proscribe abortion proceedings.

The court opinion cited a number of precedents to support the idea of an implicit right to privacy since that phrase is never actually mentioned in the Constitution. Specifically, "in varying contexts, the Court or individual Justices have, indeed, found at least the roots of that ...

Purchase this Solution
Free BrainMass Quizzes
Native American Removal

This quiz covers the history surrounding the Indian Removal Act of 1830.

Ancient Ghana

This quiz tests students' knowledge about the ancient kingdom of Ghana (Africa).

Vocabulary Quiz: Europe

Quiz yourself with basic vocabulary related to Europe! These questions are important for understanding history in social studies.

CoViD-19 and Historic Pandemics

How much do you know about CoViD-19 and how it compares to historic pandemics? Test your knowledge with this short quiz!

Social Studies European Review

A knowledge base of history is important to understanding our world today. Take a few moments on this quick review of Europe.

View More Free Quizzes
Related BrainMass Solutions

  • abortion rights

    Jane Roe challenged existing legislation by claiming that the law was "unconstitutionally vague and that [the statutes] abridged her right of personal privacy..." (Roe Vs Wade 2007, p. 7).

  • Roe vs. Wade Opinions and Purpose

    132738 Roe vs. Wade Opinions and Purpose This posting addresses opinions about Roe vs. Wade and also how it adheres to judicial activism or judicial restraints.

  • The Constitution And The Original Meaning

    What many do not realize is that the Court did not rule that there was a Constitutional Right to an abortion; rather the Court cited Due Process and the 14th Amendments right to Privacy.

  • Stare Decisis / Binding Precedent

    The 9th and 14th Amendments guarantees a "right to privacy," a right that extends even to abortion. The last abortion-related case to reach the Supreme Court was the 1992 decision in Planned Parenthood v. Casey.

  • US Constitution and Abortion

    In the ruling, Justice Blackmun stated that "the Constitution does not explicitly mention any right of privacy."

  • Roe v. Wade and violent crime

    148403 Roe vs. Wade and Violent Crime Could the micro decision of Roe versus Wade actually have played a role in reducing the rate of violent crime in the 1990s? Does anyone has an opinion on this issue?

  • Argue position as a judicial activist

    Some cases of judicial activism: Roe vs Wade Griswal vs the State of Connecticut Brown vs Board of Education.

  • Citizen's right to privacy

    The right to women's privacy in terms of healthcare was established in Roe V. Wade. This case concerned the rights of women to seek and get an abortion. It remains an important decision and the issue continues to be a divisive issue.

  • Modern Perspective Of High Courts

    The Supreme Court held in Roe v. Wade that a woman had a right to terminate her pregnancy until the fetus is deemed capable of living outside the uterus and there are no exceptions to preserving the health and life of the mother.

View More Related Solutions