Malcolm Rivera
Roe v. Wade was a landmark 1973 US Supreme Court case that legalized abortion across the United States. The case was brought by Norma McCorvey, under the alias Jane Roe, who, in 1969, became pregnant with her third child and wanted an abortion but lived in Texas, where abortion was only legal if the mother's life was in danger. The ruling struck down many state abortion laws and sparked an ongoing abortion debate in the United States. However, the Supreme Court overturned Roe v. Wade in 2022, eliminating the federal constitutional right to abortion. This has led to discussions on how the decision goes against the US Constitution.
| Characteristics | Values |
|---|---|
| The right to privacy | Roe v. Wade asserted that the right to privacy was protected by the 14th Amendment, which gave people the right to choose to have an abortion until a fetus becomes viable. |
| State interests | Roe v. Wade was criticized for venturing too far in the change it ordered and presenting an incomplete justification, with the state's interest in "protecting human life" being a key point of contention. |
| Constitutional interpretation | The case sparked debates about the methods the Supreme Court should use in constitutional interpretation, with some arguing that Roe v. Wade was based on an incorrect interpretation of the Constitution. |
| Federalism | The decision in Roe v. Wade struck down many state abortion laws, with critics arguing that it prevented states from making their own laws and encouraged abortion over childbirth. |
| Judicial activism | Critics argued that the Supreme Court overstepped its role by creating a new right to abortion, which should have been left to the legislative process. |
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What You'll Learn
Roe v. Wade gave states the power to restrict abortion access
The Roe v. Wade case was brought by Norma McCorvey, under the legal pseudonym "Jane Roe", who, in 1969, became pregnant with her third child. McCorvey 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 a US federal court against her local district attorney, Henry Wade, alleging that Texas's abortion laws were unconstitutional.
The case began in 1970 and, on January 22, 1973, Roe v. Wade decriminalized abortion nationwide, protecting the right to access abortion legally across the country. The ruling 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.
However, while Roe v. Wade guaranteed a constitutional right to abortion, it did not protect people's access to abortion. The government retained the power to regulate or restrict abortion access depending on the stage of pregnancy. For instance, the Supreme Court upheld the federal Partial-Birth Abortion Ban Act (2003), which prohibited a rarely used abortion procedure. The ruling also allowed for outright bans on abortion after fetal viability if they contained exceptions to preserve life and health.
In the years following Roe v. Wade, many states passed laws that made getting an abortion extremely difficult, if not impossible. For example, in 2021, Texas devised a legal workaround to Roe that allowed it to successfully outlaw abortion at six weeks of pregnancy. The Texas Heartbeat Act created a novel enforcement mechanism that bars state officials from enforcing the statute and authorizes private individuals to sue anyone who performs or assists an illegal abortion. As a result of the Supreme Court overturning Roe v. Wade in 2022, one in three women now live in states where abortion is not accessible, and more states are working to pass bans.
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The Supreme Court's ruling went against the 14th Amendment
The Roe v. Wade ruling in 1973 recognized that the decision to continue or end a pregnancy is an individual's right, protected by the Fourteenth Amendment's guarantee of liberty and privacy. The Fourteenth Amendment states that no state shall "deprive any person of life, liberty, or property, without due process of law." The Supreme Court interpreted this to include the right to abortion before fetal viability, as it falls under the umbrella of personal privacy and liberty.
The Court's ruling in Roe v. Wade placed reproductive rights under the highest degree of constitutional protection, known as "strict scrutiny." This meant that any interference with the right to access abortion required the state to demonstrate a "compelling interest." The Court held that no interest was compelling enough to ban abortion before fetal viability, and even after this point, abortion must be permitted to protect a patient's life and health.
The ruling in Roe v. Wade was based on the interpretation that the Fourteenth Amendment's guarantee of liberty and due process includes a right to privacy, which encompasses a woman's decision to terminate her pregnancy. This interpretation has been supported by some legal scholars and justices, who argue that the right to privacy is inherent in the Fourteenth Amendment and that reproductive rights fall within this privacy protection.
However, not everyone agreed with this interpretation. Some critics of the ruling argued that the term "privacy" in the Fourteenth Amendment does not apply to abortion, as it is not a 'private' act in the ordinary sense. They claimed that the Court's interpretation of "privacy" as liberty protected by the Fourteenth Amendment was too broad and not supported by the text of the Constitution.
The Roe v. Wade ruling had a significant impact on reproductive rights and shaped the debate around the methods the Supreme Court should employ in constitutional adjudication. It affirmed the "right to choose" and placed reproductive decision-making alongside other fundamental rights, such as freedom of speech and religion. However, the ruling was also controversial and sparked ongoing debates about the role of the Supreme Court in interpreting the Constitution and defining individual rights.
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The decision sparked criticism for venturing too far
Roe v. Wade was a landmark decision by the US Supreme Court in 1973 that decriminalized abortion nationwide, ruling that the right to privacy was implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment. The decision sparked criticism for venturing "too far" in the change it ordered and presenting an incomplete justification for its action.
The ruling in Roe v. Wade struck down many state abortion laws, igniting an ongoing abortion debate in the United States about whether abortion should be legal, who should decide its legality, and the role of moral and religious views. The decision was also criticized for venturing into an area where the Constitution did not compel a state to act, as Chief Justice Warren Burger stated, "The Constitution does not compel a state to fine-tune its statutes so as to encourage or facilitate abortions."
Justice Ruth Bader Ginsburg agreed with the criticism, stating that Roe v. Wade sparked opposition because the Court ordered a significant change with insufficient justification. Chief Justice William Rehnquist also criticized the decision, questioning why the state's interest in protecting human life should only come into existence at the point of viability.
The decision in Roe v. Wade was also criticized for not going far enough to protect access to abortion. While it established a constitutional right to abortion, it did not ensure people's ability to access abortion services. Many states passed laws that made obtaining an abortion extremely difficult, and the Hyde Amendment, a national policy widely viewed as racist, further restricted access.
The makeup of the Supreme Court changed between 2016 and 2020, with the appointment of three new justices known for their opposition to reproductive rights. This shift ultimately led to the overturning of Roe v. Wade in 2022, ending the federal constitutional right to abortion. The decision in Dobbs v. Jackson Women's Health Organization allowed states to ban abortion, severely restricting access for many women.
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The ruling was unpopular and politically toxic
The Roe v. Wade ruling was unpopular and politically toxic. The case was brought by Norma McCorvey, under the legal pseudonym "Jane Roe", who, in 1969, became pregnant with her third child. McCorvey 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 a U.S. federal court against her local district attorney, Henry Wade, alleging that Texas's abortion laws were unconstitutional. The decision struck down many state abortion laws, sparking an ongoing abortion debate in the United States about whether, or to the extent to which, 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.
The Roe v. Wade ruling was also unpopular because, from the start, it was flawed. While it said people had the right to abortion, it never protected people's access to abortion. Many states passed laws that made getting an abortion nearly impossible. The ruling sparked public opposition and academic criticism, in part, because the Court ventured too far in the change it ordered and presented an incomplete justification for its action. The ruling was also unpopular with politicians, who, for years, promised to appoint judges and justices hostile to abortion rights. At every turn, these politicians used their power to manipulate the nomination rules.
The unpopularity of the ruling is further evidenced by the fact that it was challenged repeatedly after 1973, narrowing its scope but never overturning it until 2022. In 2021, the state of Texas devised a legal workaround to Roe that allowed it to successfully outlaw abortion at six weeks of pregnancy. The Texas Heartbeat Act created a novel enforcement mechanism that bars state officials from enforcing the statute and authorises private individuals to sue anyone who performs or assists an illegal abortion. Because the Act is enforced by private citizens rather than government officials, abortion providers cannot sue to stop the enforcement of the law, nor can they obtain judicial relief to stop private lawsuits.
The makeup of the Supreme Court also played a role in the unpopularity of the ruling. Between 2016 and 2020, anti-abortion politicians in the Senate and White House angled to install three new Supreme Court justices with records hostile to reproductive health and rights. On June 24, 2022, the Supreme Court ruled in Dobbs v. Jackson Women's Health Organization, a case involving a challenge to a Mississippi ban on abortion at 15 weeks of pregnancy. The ruling overturned Roe, ending the federal constitutional right to abortion in the United States.
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The decision sparked an ongoing abortion debate
The Roe v. Wade decision sparked an ongoing abortion debate in the United States, with discussions centred around the legal and moral implications of abortion. The debate encompasses various aspects, including the legality of abortion, the decision-making authority, and the role of moral and religious beliefs in policymaking.
The decision in Roe v. Wade, handed down by the Supreme Court on January 22, 1973, recognised the right to privacy implied in the 14th Amendment, protecting abortion as a fundamental right. This decision struck down many state abortion laws, including those in Texas, where abortion was only legal when necessary to save the mother's life. The ruling in Roe v. Wade set a legal precedent, influencing subsequent Supreme Court cases and shaping the debate around constitutional adjudication methods.
The ongoing abortion debate has led to a polarisation of opinions, with some individuals and states strongly opposing abortion, while others advocate for reproductive rights and the protection of abortion access. This division has resulted in legal challenges and the creation of laws and policies that either restrict or protect abortion rights. For instance, the Texas Heartbeat Act in 2021 effectively outlawed abortion at six weeks of pregnancy, despite Roe v. Wade still being in effect at the time.
The Supreme Court's decision in Dobbs v. Jackson Women's Health Organization in 2022 overturned Roe v. Wade, eliminating the federal constitutional right to abortion. This ruling marked the first time in history that the Supreme Court took away a fundamental right, and it has had significant implications for abortion access across the United States. The overturning of Roe v. Wade has resulted in a patchwork of state laws and varying levels of access to abortion care, with some states banning abortion outright, while others continue to protect abortion rights.
The ongoing abortion debate has also brought to light the challenges faced by certain demographics, such as low-income individuals, people of colour, young people, and immigrants, in accessing abortion care. Despite the protections afforded by Roe v. Wade, these groups continued to encounter obstacles in obtaining abortion services. The debate has highlighted the need to address these disparities and ensure equitable access to reproductive healthcare.
The polarising nature of the abortion debate has also extended to the political sphere, with presidents and politicians expressing varying opinions. For example, President Joe Biden initially voted for a constitutional amendment allowing states to overturn Roe v. Wade but later changed his stance, describing himself as a "strong supporter" of Roe v. Wade and respecting the views of those who disagree. The ongoing abortion debate continues to shape political agendas and influence legislative decisions surrounding reproductive rights.
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Frequently asked questions
Roe v. Wade is the U.S. Supreme Court case that legalized abortion in the United States in 1973.
Roe v. Wade decriminalized abortion nationwide, protecting the right to access abortion legally across the country.
Roe v. Wade decided that the right to privacy implied in the 14th Amendment protected abortion as a fundamental right.
Roe v. Wade sparked public opposition and academic criticism as it was seen to venture too far in the change it ordered and presented an incomplete justification for its action.
Yes, Roe v. Wade was overturned by the Supreme Court in 2022, ending the federal constitutional right to abortion in the United States.
