An Overview of the Roe v. Wade Supreme Court Decision

An Overview of the Roe v. Wade Supreme Court Decision On January 22, 1973, the Supreme Court handed down its historic decision in Roe v. Wade, overturning a Texas interpretation of abortion law and making abortion legal in the United States.  It was a turning point in  womens reproductive rights and has remained a hot-button issue within United States politics ever since. The Roe v. Wade decision held that a woman, with her doctor, could choose abortion in earlier months of pregnancy without legal restriction, based primarily on the right to privacy. In later trimesters, state restrictions could be applied. Fast Facts: Roe v. Wade Case Argued: December 13, 1971; October 11, 1972Decision Issued:  January 22, 1973Petitioner:  Jane Roe (appellant)Respondent:  Henry Wade (appellee)Key Questions: Does the Constitution embrace a womans right to terminate her pregnancy by abortion?Majority Decision: Justices Burger, Douglas, Brennan, Stuart, Marshall, Blackmun, and PowellDissenting: Justices White and RehnquistRuling:  A womans right to an abortion falls within the right to privacy as protected by the Fourteenth Amendment. However, while decision gave women autonomy during the first trimester of pregnancy, different levels of state interest for the second and third trimesters were allowed.   Facts of the Case   In 1969, Texan Norma McCorvey was a poor, working class 22-year-old woman, unmarried and looking to end an unwanted pregnancy. But in Texas, abortion was illegal unless it was for the purpose of saving the life of the mother.† She was eventually referred to attorneys Sarah Weddington and Linda Coffee, who were looking for a plaintiff to challenge the Texas law. On their advice, McCorvey, using the pseudonym Jane Roe, filed a lawsuit against the Dallas County district attorney Henry Wade, an official responsible for enforcing criminal laws, including anti-abortion statutes. The suit said the law was unconstitutional because it was an invasion of her privacy; she sought the overturn of the law and an injunction so she could go ahead with the abortion.   The district court agreed with McCorvey that the law was unconstitutionally vague and violated her right to privacy under the Ninth and Fourteenth Amendments, but refused to issue an injunction. McCorvey appealed and the Supreme Court agreed to hear the case, along with another case called Doe v. Bolton, lodged against a similar Georgia statute. The Supreme Court case filing occurred on March 3, 1970, when McCorvey was six months pregnant; she eventually gave birth and that child was adopted. She said she wanted to continue with the case to support other womens rights. Arguments for Roe v. Wade began on December 13, 1971. Weddington and Coffee were the plaintiffs lawyers. John Tolle, Jay Floyd, and Robert Flowers were the defendants lawyers. Constitutional Issues   The Roe v. Wade case was argued for the plaintiff Jane Roe on the grounds that the Texas abortion law violated the Fourteenth and Ninth Amendments to the U.S. Constitution. The Due Process Clause of the Fourteenth Amendment guarantees equal protection under the law to all citizens and, in particular, required that laws be clearly written.   Previous cases challenging abortion laws usually cited the Fourteenth Amendment, claiming that the law was not specific enough when a womans life might be threatened by pregnancy and childbirth. However, since attorneys Coffee and Weddington wanted a decision that rested on a pregnant womans right to decide for herself whether or not an abortion was necessary, they based their argument on the Ninth Amendment, which states: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The framers of the Constitution had recognized that new rights might be developed in years to come and they wanted to be able to protect those rights. The state prepared its case primarily on the basis that a fetus had legal rights, which ought to be protected. The Arguments The argument for the plaintiff Jane Doe stated that, under the U.S. Bill of Rights, a woman has the right to terminate her pregnancy. It is improper for a State to impose on a womans right to privacy in personal, marital, familial, and sexual decisions. There is no case in the Courts history that declares that a fetus- a developing infant in the womb- is a person. Therefore, the fetus cannot be said to have any legal right to life. Because it is unduly intrusive, the Texas law is unconstitutional and should be overturned. The argument for the State rested on its duty to protect prenatal life. The unborn are people, and as such are entitled to protection under the Constitution because life is present at the moment of conception. The Texas law was, therefore, a valid exercise of police powers reserved to the States in order to protect the health and safety of citizens, including the unborn. The law is constitutional and should be upheld. Majority Opinion   On Jan. 22, 1973, the Supreme Court handed down their ruling, holding that a womans right to an abortion falls within the right to privacy protected by the Fourteenth Amendment. The decision gave a woman a right to abortion during the entirety of the pregnancy and defined different levels of state interest for regulating abortion in the second and third trimesters.   In the first trimester, the state (that is, any government) could treat abortion only as a medical decision, leaving medical judgment to the womans physician.In the second trimester (before viability), the states interest was seen as legitimate when it was protecting the health of the mother.After the viability of the fetus (the likely ability of the fetus to survive outside of and separated from the uterus), the potential of human life could be considered as a legitimate state interest. The state could choose to regulate, or even proscribe abortion as long as the life and health of the mother was protected. Majority: Harry A. Blackmun (for The Court), William J. Brennan, Lewis F. Powell Jr., Thurgood Marshall. Concurring: Warren Burger, William Orville Douglas, Potter Stewart Dissenting Opinion In his dissenting opinion, Justice William H. Rehnquist argued that the framers of the Fourteenth Amendment did not intend it to protect a right of privacy, a right which they did not recognize and that they definitely did not intend for it to protect a woman’s decision to have an abortion. Justice Rehnquist further argued that the only right to privacy is that which is protected by the Fourth Amendment’s prohibition of unreasonable searches and seizures. The Ninth Amendment does not apply here.   Finally, he concluded that because this issue required a careful balance of the interests of the woman against the interests of the state, it was not an appropriate decision for the Court to make, but instead was a question that should have been left up to state legislatures to resolve. Dissenting: William H. Rehnquist (for The Court), Byron R. White The Impact The Texas statute was struck down as a whole, and further, Roe v. Wade legalized abortion in the United States, which was not legal at all in many states and was limited by law in others. All state laws limiting womens access to abortions during the first trimester of pregnancy were invalidated by the Roe v. Wade decision. State laws limiting such access during the second trimester were upheld only when the restrictions were for the purpose of protecting the health of the pregnant woman.   As for Norma McCorvey, four days after the decision, she publicly identified herself as Jane Roe. Living in a happy lesbian relationship in Dallas, she stayed relatively unknown until 1983, when she began volunteering at a womens health center. As an activist, she eventually helped establish the Jane Roe Foundation and the Jane Roe Womens Center, to help poor Texas women obtain legal abortions.   In 1995, McCorvey connected with a pro-life group and renounced abortion rights, helping co-create a new Texas nonprofit, Roe No More Ministry. Although she continued to live with her partner Connie Gonzalez, she also publicly rejected homosexuality. McCorvey died in 2017.   Sources Greenhouse, Linda, and Reva B. Siegel. Before (and after) Roe V. Wade: New Questions About Backlash. The Yale Law Journal 120.8 (2011): 2028-87. Print.Joffe, Carole. Roe V. Wade at 30: What Are the Prospects for Abortion Provision? Perspectives on Sexual and Reproductive Health 35.1 (2003): 29-33. Print.Klorman, Renee, and Laura Butterbaugh. Roe V. Wade Turns 25. Off Our Backs 28.2 (1998): 14-15. Print.Langer, Emily. Norma McCorvey, Jane Roe of Roe v. Wade decision legalizing abortion nationwide, dies at 69. The Washington Post February 28, 2017.  Ã‚  Prager, Joshua. The Accidental Activist. Vanity Fair Hive February 2013.  Skelton, Chris. Roe v. Wade, 410 U.S. 113 (1973). Justia.  Supreme Court Cases: Roe v. Wade. The Interactive Constitution of the United States. Prentice-Hall 2003.Ziegler, Mary. The Framing of a Right to Choose: Roe V. Wade and the Changing Debate on Abortion Law. Law and History Review 27.2 (2009): 281-330. Print.

10 Tips to Help Stop Cyberbullying

10 Tips to Help Stop Cyberbullying 10 Tips to Help Stop Cyberbullying Sharon J. of Philadelphia PA, USA, was at work when the call came in. Her 6-year-old son was attacked in class by his peer with a pencil. She was horrified. Racing to the school, and then into the nurse’s office she found her terrified little boy with a bandage on his cheek. The nurse said that a little more to the right and the other child would have taken out Sharon’s little boys’ eye. The bully? A six-year-old little girl who wanted what the boy had for lunch instead of what was in her lunch box. The punishment, nothing. That’s right. After meeting with the mother of the little girl and the principal, Sharon was told, â€Å"kids fight†. She was only a little girl with a bad temper. The Statistics This and many other stories like it pour out of elementary, middle and high schools each day. The number of the bullying attacks is astounding. Almost 80% of students in the USA say that they have been bullied at one time or the other. Parents? If you think that since you are sending your precious child off to college that the bullying is finally going to be over, think again, that statistic above represents college age children. Yes, bullying in college is on the rise. Bullies, Bullies, Everywhere We could rattle off some numbers to try to impress upon our readers how many bullies are out there, but they wouldn’t be accurate. Due to embarrassment, shame, or just no-one to tell, many incidents of bullying are never reported. The facts are: Bullying in college will not stop unless the bullies are reported and they pay for their actions. Laws should be passed that punishes the parents as well as the child in incidents of bullying that cause harm to any individual. Bullying in college leads to suicide, depression, and drop-outs. The numbers will continue to rise unless parents, teachers and those being bullied don’t begin to report what is going on. There is a rise in the act of suicide because of cyberbullying in college. Much bullying begins in the home, and this leads to school and college bullying. Many children that are bullied by overbearing parents tend to show the same disregard for their peers on the school playground, on college campuses, and on the Internet. Adult Bullying? Yes, adults bully other adults. Australia reports show that they are #1 when it comes to workplace bullying. A target could be someone in the office that is: Well liked Smart They excel at their jobs Instead of trying to emulate the target a bully will try to manipulate them or sabotage their work. Many adult bullies are just people that do not cope well in society so they hide behind their bullying tactics. With bullies, it’s all about power. College Challenges After considering that there are adults who bully, parents must take the time to talk to their newly adult children on what a bully looks for in an individual target, and ask them if they are the bullies themselves. This conversation must be had if we are to limit the instances of bullying that are infecting our Universities. Most bullies target those who are Passive Submissive The new kid The quiet kid The kid that is not in a clique The kid that seems to always be in class early The kid with the high grades The kid that does not confront anyone or anything Kids of different races are often bullied Bullies in college have also been known to target handicapped persons and the elderly. As horrible as this may seem to be, it is true. They look for those that weaker than themselves. When Your Child is the Bully No parent wants to get the call that their child is being bullied, but no parent wants to be embarrassed to know that their child is the perpetrator of the bullying. Our first reaction is, â€Å"not my sweet innocent child, they couldn’t be so mean†. The one thing parents do know is their child. Sit down with your child and instead of lashing out at them, ask them what happened. Follow some of these suggestions: While listening to your child, only stop them if they are playing the blame game. Let them know you don’t want to hear what happened with other kids, just want part they played in the incident. Tell them that, when you point your finger at someone, 3 fingers are pointing back at you. Play a game of: what if it was you? Encourage them to have empathy for the bullied victim. Children and young adults need to learn empathy at home. If you as a parent always side with your child and never show them where they are wrong, you encourage them to be bullies. There is a poster that reads, â€Å"Children live what they learn†. This is so true, but that does not make you a bad parent. They could have gotten the bad habit of bullying from television or from their peers. Trying to fit in. Talk to them to see why they did what they did. And discuss ways of stopping it from happening again. If the bullying was cyber-bullying, your child should be made to get rid of the pages that were put up, and then make restitution to the individual that they harmed. Get the school involved in the punishment of the child who bullies and the apology to the victim. This should be a sit down of all parties involved. Sometimes this is enough to set a bullying kid straight. If you as a parent of a bully stops this behavior when it arises, bullies can change. Sometimes it’s physical, a mental imbalance, sometimes it can be the influence of violent games they are exposed to Many parents use video games to get their kids out of their hair. If your child has been exposed to years and years of violent games, they will have a violent nature and this could cause bullying. Cyber-Bullying Tips It was bad enough when you had to worry about the playground or the middle school bully, but with the internet providing the perfects storm for kids to bully, how do you cut the throat of this new threat? One thing parents need to do is to get the facts about cyber-bullying. It usually involves more than just one child doing the bullying and it can span over many types of venues. Some of the lethal weapons used to cyber bully are: Instant messages E-mails Posting pictures of your child without their, or your, permission Stealing your kid’s passwords and sending false messages on social media When your child is attacked by many on social many, this is called attack by proxy. This can be super dangerous because they can have their identity stolen and placed in porn sites without their knowing. The bullies will also post their private addresses and phone numbers. The reasons they do this is beyond one reason, but some are: They don’t think of the consequences of their actions, or They think they are getting back at the victim for some reason,   and   this person doesn’t see themselves as a bully. What Can Parents and Educators Do? First and foremost, have in place a set of guidelines and laws that address bullying behavior, and make serious consequences stick when bullying is observed and acknowledged. Also promote the following: An inclusive atmosphere campus wide. When students are more connected to one another there are less instances of bullying. Have in place policies based on bullying. If they are not in the student handbook, have the handbook redone to reflect the policies. Start groups such as writing groups where students can express what is going on with them in the college community. This gives students a voice. With this   college writing service, start some type of contest for student essays on bullying. Have a reporting place that students feel safe to tell on suspected bullies, confidentially. No student like to feel like a snitch, this is one reason for lack of telling. Model how to act by treating all with respect and dignity. Children, and young adults will usually emulate who is leading them. Offer a class on computer ethics. Teach children the importance of not sharing their passwords with anyone. Show them how to keep information that they find online as proof of cyberbullying. Get trained to handle bullying. Anyone on campus that must deal with children directly would do well to have a workshop on how to handle bullies in college. Listen to both sides, don’t pre-judge what you are hearing from one side of the story. Keep an open mind. Do not ignore it or feel that it is a passing situation. If you are told that a student feels threatened, take it seriously. Intervention is key. When something happens take the time to do something about it right away, refer to the policies on bullying and if you need help, get other adults involved. There truly is strength in numbers in a case of bullying. What can Students do? Students often develop cliques in college, and because you want to be   like by your friends,   you may often feel   the need to back them up no   matter what. In the case of bullying, this is not a way to help your friend. It takes a stronger friend to tell a friend that they are wrong when acting a certain way. If your friend decides that they are not going to like you anymore for telling them to do the right thing, then this is not a friend that you need in your life. When you witness someone on campus bullying another student, whether it is your friend or not, don’t join in. Instead try some of the following suggestions: Stay calm- don’t argue with either of them, instead say something like, â€Å"come on we don’t have to be like that, this is not high-school†. Many students in college do not want to be made to look like they are acting like high-schoolers and will stop the behavior, especially if a friend tells them this. If it is your friend, steer them away from the other person, they don’t necessarily have to kiss and make up or anything like that. Everyone is not going to like everyone. If you walk up on a fight, ask bystanders why they are not doing something and stop the fight. Taking one of the people away with you and showing bystanders that   they should get involved. Talk to a person that you know is a bully when you are alone with them. Confront their behavior and ask them why they choose to act that way. Give them reasons that you would not participate in that type of behavior, and if necessary, let them know that if they continue to show that type of behavior you will not be associated with them. If you are afraid of your friend that is a bully. Report them to an authority that will not tell that you reported them. It is better to do something than to wait for the worst to happen. This is just a few of the things that can be done when one is a bully. Cyber bullying has reached a high peak and if we as those on the sidelines don’t do something to correct the behavior in those that practice the bullying, we are just as guilty as they are, if not worse than them. So, if   you see it, report it, step in and   be a part of the   solution, not the problem.