What were Wade's arguments in Roe v. Wade?

Answer 1

The initial argument advanced by Assistant District Attorney John Tolle was that Roe (Norma McCorvey) lacked standing to bring action because the Texas statutes in question were directed at the medical provider, not at the potential recipient of the abortion. A three-judge panel determined they would hear the case anyway.

McCorvey's attorneys changed the suit to a class action on behalf all pregnant women in the state of Texas, and were joined by an intervenor, Dr. James Hallford, who had been charged with performing illegal abortions.

Texas next presented an argument that unborn fetus's had legal rights, and that the state had a compelling interest in protecting their safety.

The State also raised an objection about Roe's standing to sue, this time claiming that so much time had elapsed before the trial she must be too far along in her pregnancy to render abortion a viable option, making her argument moot.

Tolle also argued that changes to the State's abortion laws fell under the purview of the state legislature, and were not appropriately decided by a federal court.

Tolle addressed the issue of privacy, which had been raised under the Ninth Amendment by stating, "the right of that child to life is superior to that woman's right to privacy."

The US District Court panel concluded, "The Texas abortion laws must be declared unconstitutional because they deprive single women and married couples, of their right, secured by the Ninth Amendment, to choose whether to have children." however, they refused to make a declaratory judgment, allowing the Fifth Circuit to hold the laws unconstitutional on appeal.

Case Citation:

Roe v. Wade, 410 US 113 (1973)

Answer 2

roe was fighting for Womens rights to have an abortion