LS185Assignment6.docx LS185 Introduction to American Jurisprudence Unit 6 Assignment

LS185Assignment6.docx    LS185 Introduction to American Jurisprudence  Unit 6 Assignment  1. Summary of a U.S. Supreme Court Case:  Roe v. Wade, 410 U.S. 113 (1973)  In the case of Roe v. Wade (1973), the court concluded that the right to privacy included the abortion decision and that states could not ban the procedure in the first trimester. In this lawsuit, Roe alleged that the state laws were unconstitutionally vague and diminished her right of personal privacy, protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments of the US Constitution. The Due Process Clause of the Fourteenth Amendment protects against state action the right to privacy, and a womans right to choose to have an abortion falls within that right to privacy.   2. Which courts (federal and state) are obligated to follow the new rule or rules? Explain.  All federal and state courts interpreting the U.S. Constitution are required to following the U.S. Supreme Court decision in Roe v. Wade. The U.S. Supreme Court's decisions on questions of federal constitutional law are binding on all federal and state courts under the Supremacy Clause of the United States Constitution. U.S. Const. Art. VI, paragraph 2. The Court sided with Roe and concluded that “the right to privacy includes the abortion decision.” The Court decided that abortion rights were not absolute. This case stated that “a pregnant woman could not be isolated in her privacy. It was established that it is rational and appropriate for a State to decide