美国宪法史上的重大事件——Roe （罗伊诉韦德案）
（Roe ,410 ）
In 1969,a 25-year-old pregnant single woman, Norma McCorvey under the pudonym（'(p)sju:dənim n. 匿名,） "Jane Roe", brought a class action challenging the constitutionality of the Texas（热爱生命手抄报 'teksəs） criminal abortion laws, which proscribe procuring or attempting an abortion except on medical advice for the purpo of saving the mother's life.
Ms McCorvey first filed the ca in 1969. She was pregnant with her third child and claimed that she had been raped. But the ca was rejected and she was forced to give birth.
However, in 1973 her appeal made it to the US Supreme Court where she was reprented by Sarah Weddington, a Dallas attorney.
State criminal abortion laws, like tho involved here, that except from criminality only a life-saving procedure on the mother's behalf without regard to the stage of her pregnancy and o
ther interests involved violate the Due Process Clau of the Fourteenth Amendment, which protects against state action the right to privacy, including a woman's qualified right to terminate her pregnancy. Though the State cannot override （不顾，无视）that right, it has legitimate interests in protecting both the pregnant woman's health and the potentiality of human life, each of which interests grows and reaches a "compelling" point at various stages of the woman's approach to term.
Conclusion
土木考研The court issued its decision on January 22, 1973, with a 7-to-2 majority vote in favor of McCorvey. Burger and Douglas' concurring opinion and White's disnting opinion were issued parately, in the companion ca of Doe v. Bolton.
水上乐园
By a vote of ven to two, the court justices ruled that governments lacked the power to prohibit abortions.
The court's judgement was bad on the decision that a woman's right to terminate her pr
好听的微信昵称女egnancy came under the freedom of personal choice in family matters as protected by the 14th Amendment of the US Constitution. The decision gave a woman total autonomy over the pregnancy during the first trimester and defined different levels of state interest for the cond and third trimesters. As a result, the laws of 46 states were affected by the Court's ruling.
Reason
Brief summary
The opinion of the Roe Court, written by Justice Harry Blackmun, declined to adopt the district court's Ninth Amendment rationale, and instead asrted that the "right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the District Court determined, in the Ninth Amendment's rervation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. Douglas, in his concurring opinion from the companion ca Doe v. Bolton, stated more emphatically that, "The Nint
罗贯中的简介
h Amendment obviously does not create federally enforceable rights." Thus, the Roe majority rested its opinion squarely on the Constitution's due process clau.
the Court explained that the trimester of pregnancy is relevant to the weight of the factors in this balancing test. Thus, during the first trimester, the state cannot restrict a woman's right to an abortion in any way; during the cond trimester, the state may only regulate the abortion procedure "in ways that are reasonably related to maternal health"; during the third trimester, the state can choo to restrict or proscribe abortion as it es fit when the fetus is viable ("except where it is necessary, in appropriate medical judgment, for the prervation of the life or health of the mother").
summarizes the Court's legal conclusions, explaining that a Texas-style criminal statute was unconstitutional, and recapitulating the permissible extent of state regulation in each of the three Constitutionally relevant time periods of pregnancy . divided by "approximately the end of the first trimester" and "the stage subquent to viability").
Disnts
From this historical record, Rehnquist concluded that, "There apparently was no question concerning the validity of this provision or of any of the other state statutes when the Fourteenth Amendment was adopted." Therefore, in his view, "the drafters did not intend to have the Fourteenth Amendment withdraw from the States the power to legislate with respect to this matter."
Trimester system
The ca created the "trimester" system that:
gives American women an absolute right to an abortion in the first three months of pregnancy
贾宝玉的人物形象allows some government regulation in the cond trimester of pregnancy
抑郁症的症状表现有哪些
declares that states may restrict or ban abortions in the last trimester as the foetus nears the point where it could live outside the womb; in this trimester a woman can obtain an abortion despite any legal ban only if doctors certify it is necessary to save her life or h
ealth.
【1】事件概要
1969年，一位化名为杰内•罗伊的妇女和其他人一起向德克萨斯州限制堕胎的法令提出了挑战。该法令规定，除非因为维护孕妇的生命，州内一律禁止妇女实施堕胎手术。罗伊主张：德州限制堕胎的法令剥夺了她在妊娠中的选择权，因为她既无钱到可以合法堕胎的州进行手术，又不能中止妊娠，所以，分娩之后不得不将孩子交给了不知身份的人收养。德州限制堕胎的法令使得她无法自主地决定在什么时间、以什么方式、为何种理由而终止妊娠。被告德州政府在诉讼中辩称：生命始于受孕而存续于整个妊娠期间，所以，怀孕妇女在整个妊娠过程中，都存在着保护胎儿生命这一国家利益。宪法中所称的“人”包括胎儿在内，非经正当法律程序而剥夺胎儿生命是联邦宪法修正案第14条所禁止的行为之列。
该案最终上诉到联邦最高法院。1973年，联邦最高法院以6：3的多数意见裁定，德州限制堕胎的法令过于宽泛地限制了孕妇在妊娠过程中的选择权，侵犯了联邦宪法修正案第14条所保护的个人自由，构成违宪。
【2】判决内容
灭火器使用方法 美国联邦最高法院以布莱克门大法官为代表的多数意见支持了罗伊的诉讼请求。
