POS2041 Lecture Notes - Lecture 43: Fetus, Mootness, Harry Blackmun
17 Aug 2020
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Roe v. wade case: facts of the case. In her lawsuit, roe alleged that the state laws were unconstitutionally vague and abridged her right of personal privacy, protected by the first, fourth, fifth, ninth, and fourteenth. Whether the constitution recognize a woman"s right to terminate her pregnancy by abortion: conclusion. Inherent in the due process clause of the fourteenth amendment is a fundamental right to privacy that protects a pregnant woman"s choice whether to have an abortion. However, this right is balanced against the government"s interests in protecting women"s health and protecting the potentiality of human life. The texas law challenged in this case violated this right. Justice harry blackmun delivered the opinion for the 7-2 majority of the court. First, the court considered whether the case was moot, concluding that it was not. When the subject of litigation is capable of repetition yet evading review, a case need not be dismissed as moot.
