Roe v. Wade Oral Argument - Part 1 (1971)

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Uploaded by on Aug 3, 2010

December 13, 1971 http://www.amazon.com/gp/redirect.html?ie=UTF8&location=http%3A%2F%2Fwww.... Watch the full program: http://thefilmarchived.blogspot.com/2010/10/us-supreme-court-roe-v-wade-oral....

Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision by the United States Supreme Court on the issue of abortion. The Court held that the constitutional right to privacy extends to a woman's decision to have an abortion, but that right must be balanced against the state's two legitimate interests for regulating abortions: protecting prenatal life and protecting the mother's health. Noting that these state interests become stronger over the course of a pregnancy, the Court resolved this balancing test by tying state regulation of abortion to the mother's current trimester of pregnancy: - In the first trimester, the state's two interests in regulating abortions are at their weakest, and so the state cannot restrict a woman's right to an abortion in any way. - In the second trimester, there is an increase in the risks that an abortion poses to maternal health, and so the state may regulate the abortion procedure only "in ways that are reasonably related to maternal health" (defined in the companion case of Doe v. Bolton). - In the third trimester, there is an increase in viability rates and a corresponding greater state interest in prenatal life, and so the state can choose to restrict or proscribe abortion as it sees fit ("except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother").

In disallowing many state and federal restrictions on abortion in the United States, Roe v. Wade prompted a national debate that continues today, about issues including whether and to what extent abortion should be legal, who should decide the legality of abortion, what methods the Supreme Court should use in constitutional adjudication, and what the role should be of religious and moral views in the political sphere. Roe v. Wade reshaped national politics, dividing much of the nation into pro-choice and pro-life camps, while activating grassroots movements on both sides.

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  • @smartass933 Abortion? I know you mean the law again abortion, but this video is of the court case that changed the law, and arguments to change it.

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