Omar Bennett
Roe v. Wade was a landmark 1973 US Supreme Court case that ruled a Texas law banning abortions, except when necessary to save the mother's life, was unconstitutional. The ruling recognized a constitutional right to privacy, protecting a person's right to choose whether to have an abortion. However, this decision sparked controversy and led to ongoing debates about the legality of abortion, the role of moral and religious views, and the methods employed by the Supreme Court in constitutional adjudication. In 2022, the Supreme Court overturned Roe v. Wade, eliminating the federal constitutional right to abortion and marking a significant shift in reproductive rights in the United States.
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What You'll Learn
The right to privacy
Roe v. Wade was a landmark decision by the U.S. Supreme Court in 1973 that recognised a constitutional right to abortion. The ruling stated that the right to liberty, protected by the Fourteenth Amendment to the U.S. Constitution, and 'privacy', which is implied, encompasses a right to abortion.
The case was brought by Norma McCorvey, under the legal pseudonym "Jane Roe", who, in 1969, became pregnant with her third child. Roe wanted an abortion but lived in Texas, where abortion was only legal when necessary to save the mother's life. Her lawyers filed a lawsuit on her behalf in federal court against her local district attorney, Henry Wade, alleging that Texas's abortion laws were unconstitutional.
The Supreme Court ruled (7-2) that unduly restrictive state regulation of abortion is unconstitutional. In a majority opinion written by Justice Harry A. Blackmun, the Court held that a set of Texas statutes criminalising abortion in most instances violated a constitutional right to privacy, implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment. Justice Blackmun described the right of personal privacy as fundamental, which meant that the strictest legal test would apply to restrictions. He concluded that the right "is broad enough to encompass a woman's decision whether or not to terminate her pregnancy."
The Roe v. Wade decision sparked public opposition and academic criticism, with some arguing that the Court ventured too far in the change it ordered and presented an incomplete justification for its action. The decision also led to an ongoing abortion debate in the United States about whether, or to what extent, abortion should be legal, and who should decide the legality of abortion.
In 2022, the U.S. Supreme Court overturned Roe v. Wade in the case of Dobbs v. Jackson Women's Health Organization, ruling that there is no federal constitutional right to abortion. The ruling sent shockwaves around the world, as women started to question the source and protection of their rights. The link between privacy rights and abortion was also brought into the spotlight, with concerns raised about the protection of other rights linked to the Fourteenth Amendment.
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The liberty clause in the 14th Amendment
The 14th Amendment to the U.S. Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, extended liberties and rights granted by the Bill of Rights to formerly enslaved people. The amendment includes the Liberty Clause, which states that "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." This clause, also known as the Due Process Clause, prohibits states from depriving individuals of their fundamental rights without following established legal procedures.
However, the Roe v. Wade decision sparked controversy and public opposition. Some argued that the Court ventured too far in its ruling and presented an incomplete justification for its actions. Despite the initial ruling in Roe v. Wade, subsequent Supreme Court decisions diluted its impact, allowing states to impose certain restrictions on abortion access, particularly during the second and third trimesters.
In 2022, the Supreme Court overturned Roe v. Wade in the case of Dobbs v. Jackson Women's Health Organization, ruling that there is no federal constitutional right to abortion. This decision marked the first time in history that the Supreme Court has taken away a fundamental right, and it has led to a wave of state-level abortion bans across the country.
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The role of the Supreme Court
The Supreme Court, in a 7-2 decision, recognized that the right to decide whether to continue a pregnancy comes within the constitutional protection that the liberty clause in the 14th Amendment affords to privacy. The Court held that a set of Texas statutes criminalizing abortion in most instances violated a constitutional right to privacy, which it found to be implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment.
The Supreme Court's decision in Roe v. Wade changed the way states can regulate abortion services by establishing new privacy rights for women. The Court decided that the right to privacy extends to control over pregnancy and that the right is broad enough to encompass a woman's decision whether or not to terminate her pregnancy. The Court also rejected arguments that favored "personhood" for fetuses.
The Roe v. Wade decision sparked public opposition and academic criticism and shaped the debate concerning which methods the Supreme Court should use in constitutional adjudication. The decision also sparked an ongoing abortion debate in the United States about whether, or to what extent, abortion should be legal, who should decide the legality of abortion, and what the role of moral and religious views in the political sphere should be.
In 2022, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization, ruling that there is no federal constitutional right to abortion. The ruling abandoned nearly 50 years of precedent and marked the first time in history that the Supreme Court has taken away a fundamental right.
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The government's interests
The Roe v. Wade case, which took place in 1973, was a landmark ruling by the U.S. Supreme Court, recognizing a constitutional right to privacy that protected a person's right to choose whether to have an abortion. The ruling stated that the right to privacy was implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment.
However, the Roe v. Wade decision also acknowledged that the abortion right was not absolute and had to be balanced against the government's interests in protecting health and prenatal life. The government retained the power to regulate or restrict abortion access depending on the stage of pregnancy, and after fetal viability, outright bans on abortion were permitted if they included exceptions to preserve life and health.
The government's interest in maintaining medical standards and safeguarding health is also a factor in the abortion debate. The state has a responsibility to ensure safe and regulated abortion procedures, as outlined in the Partial-Birth Abortion Ban Act, which prohibited a specific abortion procedure known as intact dilation and evacuation.
Additionally, the government's role in shaping the moral and religious landscape of the country cannot be overlooked. The abortion debate has sparked discussions about the role of moral and religious views in the political sphere, and the government has a duty to consider these perspectives when formulating policies around abortion.
While the Roe v. Wade decision protected a person's right to privacy and choice in abortion, the government's interests in regulating and restricting abortion access, particularly after fetal viability, have been a consistent counterpoint in the ongoing abortion debate in the United States.
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The state's interests
The Roe v. Wade case was a landmark ruling by the US Supreme Court that recognized the right to abortion as a fundamental right. The Court decided that the right to privacy, implicit in the 14th Amendment, protected abortion as a fundamental right. However, this right was not absolute and had to be balanced against the government's interests in protecting health and prenatal life.
The states' interests in regulating abortion have been a subject of discussion and controversy. Chief Justice Warren Burger argued that the Constitution does not compel states to facilitate abortions and that encouraging childbirth is rationally related to the legitimate governmental objective of protecting potential life. Justice William Rehnquist also emphasized the state's interest in protecting human life, questioning why this interest should only come into existence at the point of fetal viability.
The states' interests in protecting prenatal life and potential life have been a key aspect of the abortion debate. The Court's decision in Roe v. Wade allowed the government to retain the power to regulate or restrict abortion access, particularly during the second and third trimesters. This decision sparked ongoing discussions about the role of states in deciding the legality of abortion and the extent to which abortion should be legal.
The states' interests in regulating abortion have also been challenged. The Roe v. Wade decision included a discussion of different views on when life begins, with the Court finding that it is not up to the states to make this determination. The Court's recognition of a constitutional right to privacy extended to a woman's control over her pregnancy, impacting the states' ability to impose restrictions.
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Frequently asked questions
Roe v. Wade is a 1973 U.S. Supreme Court case that ruled a person's right to make their own private medical decisions, including the decision to have an abortion prior to fetal viability, is protected by the Constitution.
No, Roe v. Wade does not go against the Constitution. In Roe v. Wade, the Supreme Court decided that the right to privacy, implicit in the 14th Amendment, protected abortion as a fundamental right. However, the government retained the power to regulate or restrict abortion access depending on the stage of pregnancy.
Yes, in 2022, the Supreme Court overturned Roe v. Wade, ruling that there is no federal constitutional right to abortion.
The overturning of Roe v. Wade has had a significant impact on abortion access in the United States. More than a dozen states have banned abortion outright, forcing people to travel long distances to access abortion care or carry pregnancies against their will. This has disproportionately affected communities of color, where systemic racism has historically blocked access to healthcare.
