Roe v. Wade Classifying Arguments

The 14th Amendment says "No State shall…deny to any person within its jurisdiction the equal protection of the laws." Having different abortion laws in various states keeps poor women in states with restrictive laws from having access to abortions, while wealthier women can travel elsewhere to have a legal and safe abortion.

• Roe

• Wade

• Both

• Neither

The 14th Amendment says "No State shall…deny to any person within its jurisdiction the equal protection of the laws." If a fetus is a person from conception, then the 14th Amendment guarantees equal protection of the laws. The life of the fetus must be considered as having equal weight with the life of the mother. Thus the state has a compelling interest in protecting the life of the fetus.

• Roe

• Wade

• Both

• Neither

The Texas abortion law declaring that a woman cannot have an abortion unless her life is in danger is too vague. Doctors may not know precisely when they are breaking the law when performing an abortion.

• Roe

• Wade

• Both

• Neither

The First, Fourth, and Fifth Amendments apply to the States. Though these Amendments do not mention the right of privacy, privacy is fundamental to the exercise of the rights that are explicitly mentioned. As such, privacy is protected by the penumbras of the First, Fourth, and Fifth Amendments.

• Roe

• Wade

• Both

• Neither

The Ninth Amendment says "The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people." The Framers did not want the Bill of Rights to be an all-inclusive list of the rights that people in the United States have. The Ninth Amendment says that people retain other rights that are not explicitly listed in the Constitution. Among these rights may be the right to privacy, which would include freedom of choice in the basic decisions of one’s life.

• Roe

• Wade

• Both

• Neither

It has long been an acknowledged role of the state to safeguard health and regulate medical practices.

• Roe

• Wade

• Both

• Neither

For the U.S. Supreme Court to determine when, where, and how an abortion should occur would be to overstep its authority as a court. It is the job of state legislatures to determine how abortions should be regulated, not federal courts.

• Roe

• Wade

• Both

• Neither

As a pregnancy progresses, the interest of the state in protecting the health of the mother and the life of the fetus becomes more “compelling.”

• Roe

• Wade

• Both

• Neither