Two cases
Roe V. Wade and Morse v.
Frederick
Roe v. Wade
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1969 Norma Rae McCorvey asked for an
abortion due to an unwanted pregnancy
and was denied under Texas Law.
She later claimed rape, only way it was
legal under Texas law. Texas courts upheld
right to abortion. Citing precedent in
Griswold
Wade argued for Texas law to be upheld,
keeping abortion illegal.
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Case went to Supreme Court on appeal-.
Court ruled 7-2 that McCorvey(below) can
have abortion based on 9th and 14th
amendments.
9th amend- rights retained by people
under the const.
14th- equal protection clause and due
process.
Dissent
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Rehnquist and White- 14th and 9th
amendments were vague and did
not/should not interfere with states rights
to legislate on abortion and was trying to
guarantee individual rights in the
constitution.
Future?
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The debate goes on. Parental notification
laws? A court ruling?
Morse v. Frederick
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Background- High School senior Joseph
Frederick of Juneau, Alaska unfurled a banner
“Bong Hits for Jesus!” during an Olympic torch
parade on Jan. 23, 2002.
His principal took the banner and suspended
Frederick for 10 days with possible expulsion.
The District court of Alaska, ruled in favor of the
school district.
Frederick argued his free speech rights were
violated under the 1st amendment.
Frederick
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Circuit Court of Appeals reversed District
Court’s opinion. Case was well under nondisruptive guidelines.
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School appealed and was granted
certiorari on case.
Supreme Court heard case: Ruled 5-4 in
favor of school.
Roberts- Schools can protect decent
speech and the educational setting. Adults
and students do not have the same 1st
amendment rights