roe v. wade case worksheet

Name: Caroline Deng

LBS HOMEWORK SHEETPrepare a separate homework sheet for each case that you have been assigned to read for class. Professor will collect these homework sheets at the end of each class session.

Name of Case in Proper Legal Citation FormatRoe et al. v. Wade, District Attorney of Dallas County

Who is/are the plaintiff(s) (i.e. consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking? Plaintiff: Jane Roe (anonymous), who argued that the Texas criminal abortion statues were unconstitutional because they abridged her right of personal privacy, protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.

What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on?The court must decide if the right to have an abortion is contained under the right to personal liberty that emanates everywhere within the Constitution.

What is the court’s reasoning? (Might include reliance on precedent, statutory interpretation and legislative history & societal considerations) The court cited cases such as Griswold v. Connecticut and Eisenstadt v. Baird to bring forth the concept of personal “liberty” embodied in the Fourteenth Amendment’s Due Process Clause. They also reviewed the arguments of Dallas County, which cited historical examples of abortion preventing illicit sexual conduct, noted abortion as a hazardous medical procedure, and argued that anti-abortion laws protected prenatal life. However, the court dismissed these arguments by talking about modern medical advances and the meaning of the word “persons,” according to the Constitution. They argued that based on the Constitution’s use of the word “person,” a fetus does not count as one because it is “unborn.” That being said, they did maintain that states are allowed to regulate past the first trimester, for the safety of the mother.

What is the precedent or holding established by the court’s ruling that will be followed in subsequent similar cases? Not just what the court does – such as reverses the decision of the court below or awards damages to plaintiff – but what is the proposition for which another party might cite the case?This case legalized abortion, and opened up a large debate on abortion that was not present before. Additionally, the vagueness and indecision in the language of the ruling have also become points of contention.