Malcolm Rivera
Roe v. Wade was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protected the right to have an abortion before the point of fetal viability. The case was brought by Norma McCorvey, 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. The Supreme Court's ruling in Roe v. Wade on January 22, 1973, decriminalized abortion nationwide, protecting the right to access abortion legally across the country. The case sparked 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.
| Characteristics | Values |
|---|---|
| Landmark decision of the U.S. Supreme Court | Ruled that the U.S. Constitution protected the right to have an abortion prior to the point of fetal viability |
| Date | January 22, 1973 |
| Case | Brought by Norma McCorvey, under the legal pseudonym "Jane Roe" |
| Ruling | Ruled (7-2) that unduly restrictive state regulation of abortion is unconstitutional |
| Rationale | The right to privacy is implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment |
| Relation to other laws | The right to terminate a pregnancy arose straight out of the right to purchase and use contraception |
| Relation to other cases | The Supreme Court reaffirmed the central holding of Roe in Planned Parenthood v. Casey (1992) |
| Relation to other cases | The Supreme Court invoked its decision in Roe in Whole Woman's Health v. Hellerstedt (2016) |
| Relation to other cases | The Supreme Court overturned Roe in Dobbs v. Jackson Women's Health Organization (2022) |
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What You'll Learn
The right to privacy
Roe v. Wade was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protected the right to have an abortion prior to the point of fetal viability. 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.
The Roe v. Wade decision was based on the right 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 Court's decision treated procreation as less important than the right to privacy. Justice Potter Stewart, in a concurring opinion, wrote that the "liberty" protected by the Due Process Clause of the Fourteenth Amendment covers more than those freedoms explicitly named in the Bill of Rights. He further stated that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment.
The Roe v. Wade decision 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 role moral and religious views should play in the political sphere. While the decision was reaffirmed in multiple key abortion rights cases, it was eventually overturned by the Supreme Court in 2022, ending the federal constitutional right to abortion in the United States.
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The right to procreate
Roe v. Wade was a landmark decision by the U.S. Supreme Court, which ruled that the Constitution protected the right to have an abortion before foetal viability. The case was brought by Norma McCorvey, under the legal pseudonym "Jane Roe", who in 1969, became pregnant with her third child and wanted an abortion. However, she lived in Texas, where abortion was only legal if the mother's life was in danger.
The Supreme Court's ruling in Roe v. Wade decriminalized abortion across the nation, protecting the right to access abortion legally and allowing patients to access the care they needed without fear. 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 Roe v. Wade decision sparked 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. The decision also influenced debate concerning the methods the Supreme Court should use in constitutional adjudication.
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The right to bodily integrity
Roe v. Wade, a landmark decision of the U.S. Supreme Court, ruled that the Constitution of the United States protected the right to have an abortion before fetal viability. The ruling struck down state abortion laws that prohibited abortions except when necessary to save the mother's life. The Supreme Court recognised that the right to decide whether to continue a pregnancy falls within the constitutional protection of liberty and privacy.
The ruling in Roe v. Wade also set a precedent for protecting the right to bodily integrity in other contexts. It solidified and expanded the constitutional "right to privacy," which has been described as the right to autonomy or to be left alone. This right to privacy is derived from the Fifth and Fourteenth Amendments, which protect individuals' liberty and property interests. The recognition of this right established a framework for safeguarding personal decisions and choices, ensuring that individuals have control over their bodies and lives without undue interference from the state.
However, the overturning of Roe v. Wade in 2022 by the Supreme Court has raised concerns about the protection of bodily integrity. The Court's decision in Dobbs v. Jackson Women's Health Organization held that there is no constitutional right to abortion, marking the first time the Court has taken away a recognised fundamental right. This ruling has put other fundamental rights in jeopardy, including those related to bodily autonomy, intimate relationships, and family life. The analytical framework used by the majority in Dobbs could potentially be used to revisit and revoke these rights, as Justice Thomas has explicitly stated his intention to do so.
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The right to family life
Roe v. Wade, a landmark decision by the U.S. Supreme Court, ruled that the Constitution protected the right to have an abortion before foetal viability. The case was brought by Norma McCorvey, under the legal pseudonym "Jane Roe", who in 1969, became pregnant with her third child and wanted an abortion. However, she lived in Texas, where abortion was only legal when necessary to save the mother's life.
The Supreme Court's ruling in Roe v. Wade decriminalized abortion across the United States, protecting the right to access abortion legally and freeing patients to access the care they needed. The Court held that a set of Texas statutes criminalizing abortion in most instances violated a constitutional right to privacy, which was implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment. This right to privacy was also based on the Ninth Amendment of the Constitution, according to a 1965 Supreme Court decision in Griswold v. Connecticut.
The right to privacy, as it relates to family life, was further discussed in the case of Planned Parenthood v. Casey (1992), where the Supreme Court reaffirmed the central holding of Roe, justifying the liberty to abort in a broader manner. The opinion asserted an individual's liberty to choose concerning family life and protection from legal enforcement intended to maintain traditional sex roles. This liberty in matters of family life was also referenced in the concurring opinion of Justice Potter Stewart in Roe v. Wade, who wrote:
> "The "liberty" protected by the Due Process Clause of the Fourteenth Amendment covers more than those freedoms explicitly named in the Bill of Rights… Several decisions of this Court make clear that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment… That right [to be free from unwarranted governmental intrusion] necessarily includes the right of a woman to decide whether or not to terminate her pregnancy."
In 2022, the Supreme Court overturned Roe v. Wade, ending the federal constitutional right to abortion in the United States. This decision sparked an ongoing abortion debate about whether, or to what extent, abortion should be legal, and who should decide the legality of abortion.
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The right to health
Roe v. Wade was a landmark decision of the U.S. Supreme Court, which ruled that the Constitution of the United States protected the right to have an abortion before the point of fetal viability. The case was brought by Norma McCorvey, under the legal pseudonym "Jane Roe", who in 1969, became pregnant with her third child and wanted an abortion. However, she lived in Texas, where abortion was only legal when necessary to save the mother's life.
The Roe v. Wade decision was based on the right to privacy, which was found to be implicit in the liberty guarantee of the due process clause of the Fourteenth Amendment. The Court held that a set of Texas statutes criminalizing abortion in most instances violated a constitutional right to privacy. This decision sparked an ongoing abortion debate in the United States about whether abortion should be legal, and to what extent.
However, it is important to note that Roe v. Wade did not ensure equal access to abortion services. While it established a constitutional right to abortion, many states passed laws that made accessing abortion difficult. The decision also sparked opposition and criticism, with some arguing that the Court's ruling ventured too far and presented an incomplete justification.
In 2022, the Supreme Court overturned Roe v. Wade, ending the federal constitutional right to abortion in the United States. This ruling in Dobbs v. Jackson Women's Health Organization allowed states to ban or severely restrict abortion, impacting access to abortion services for millions of women.
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Frequently asked questions
Roe v. Wade was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protected the right to have an abortion prior to the point of fetal viability.
Roe v. Wade decriminalized abortion nationwide and protected the right to access abortion legally across the country. It sparked an ongoing abortion debate in the United States about whether, or to what extent, abortion should be legal.
On June 24, 2022, the Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and ending the federal constitutional right to abortion in the United States.
