How The Courts Address Or Respect Our Rights As Citizens

How the Courts Address or Respect Our Rights as Citizens) you submitted in Week 6, prepare and submit a presentation, which will either be a narrated PowerPoint, a Kaltura Video, or some other format as approved by your instructor. Be sure to verify the presentation format with your instructor before starting work on this assignment.

The presentation Point presentation will need to include:

Name the case
Discuss the facts of the case
Discuss the history of the case (what laws or legal action was taken)
Discuss the issues or the facts of the case and legal questions the court must decide
Discuss if the court's decision or holdings was for the plaintiff or for the defendant and what were the reasons for the decision?
Discuss the concurring and dissenting opinions from the judge or if a jury trial, the jury.

Full Answer Section

   

History of the Case:

  • The case was initially filed in the U.S. District Court for the Northern District of Texas.
  • The district court ruled in favor of McCorvey, finding that the Texas law violated her right to privacy.
  • The state of Texas appealed the district court's decision to the U.S. Court of Appeals for the Fifth Circuit.
  • The Fifth Circuit Court of Appeals reversed the district court's decision, finding that the Texas law was constitutional.
  • McCorvey then appealed the Fifth Circuit's decision to the U.S. Supreme Court.

Issues or the Facts of the Case and Legal Questions the Court Must Decide:

  • The Supreme Court had to decide whether the Texas law violated a woman's right to privacy, as protected by the due process clause of the Fourteenth Amendment.
  • The Court also had to decide whether the state's interest in protecting the potentiality of human life outweighed a woman's right to privacy.

Decision of the Court:

  • In a 7-2 decision, the Supreme Court ruled in favor of McCorvey.
  • The Court held that the Texas law violated a woman's right to privacy, which is implied by the due process clause of the Fourteenth Amendment.
  • The Court also held that the state's interest in protecting the potentiality of human life does not become compelling until the point of viability, which is the point at which a fetus can survive outside the womb.

Significance of the Case:

  • The Roe v. Wade decision was a landmark decision that legalized abortion in the United States.
  • The decision has been controversial since it was handed down, and it has been the subject of much debate and litigation.
  • Despite the controversy, the Roe v. Wade decision remains the law of the land, and it has had a profound impact on the lives of women in the United States.

I hope this presentation is helpful. Please let me know if you have any other questions.

Sample Answer

   

Case Name: Roe v. Wade

Facts of the Case:

  • In 1970, Norma McCorvey, who was known by the legal pseudonym "Jane Roe," challenged the constitutionality of a Texas law that prohibited abortion except to save the life of the mother.
  • McCorvey was an unmarried pregnant woman who wanted to have an abortion but could not afford to travel to a state where abortion was legal.
  • She filed a lawsuit against Henry Wade, the district attorney of Dallas County, Texas, challenging the constitutionality of the Texas law.