040814 Phil 201
Test on war and economic policy. On Thursday
Pg. 297judith Jarvis Thomson
Defense of Abortion
Pg.318 Don Marquis
Pg. 292 Justice Harry Blackmun Row V. Wade
California, New York, Washington State, Alaska, and Hawaii. –First five to legalize
The plaintiff is known as “Jane Roe” poor uneducated UN skilled alcoholic drug using
She said that anti abortion laws should be revoked because they’re unconstitutional and
deny the right of freedom of choice
Amendments used in the case:
The first the right to go before the Supreme Court and ask the law to be overturned
The fourth you have a right to be secure in your person you do what you want to do and
The Fifth You cant be tried for a serious crime unless you have first been indicted by a
grand jury, cant be tried for the same crime twice, you cant be forced to be a witness
against yourself. You have the right to plead not guilty. You cant be deprived of life
liberty of property without due clause.
The Ninth the enumeration in the constitution if certain rights should not be taken to
deny other rights, not an exhaustive list of rights. –Keeps the court in business and gives
the ability to interpret the constitutional.
The fourteenth Cant be deprived of life liberty property
You have a right to petition the government about laws you don’t like
First question; why is abortion illegal…three reasons? Court ended up ruling all of
the reasons were invalid
• In order to discourage illicit sexual conduct make women to think twice
about having sex because they know they’ll have to deal with the
• In order to protect women form unsafe medical procedures lack of
antiseptic techniques back then, so procedure was very dangerous. – No
longer a relevant explanation
• In order to protect prenatal life (fetuses) –but fetuses were never
mentioned in the argument so this pint was proven invalid.
Jane Roe side argument • Arguing for unlimited abortion rights
Court decides that not allowing abortion is a breach of privacy, and its
unconstitutional therefore deeming abortion legal but with certain restrictions.
Wade side argument
• Argue that the fetus is in fact a person or a human from conception on.
• If a fetus is a person then they are protected by the constitution and therefore